• 

• 

RECE\VED 

MAR 2 3 2010 

AIR QUALITY 

PROGRAM 

• 

ARTICLE 74:36 - AIR POLLUTION CONTROL PROGRAM 

NOTICJ OF PUBLIC HEARING TO REVISE RULES 

A public hearing will be held in the Matthew Environmental Education and Training Center, Joe 

Foss Building, Pierre, South Dakota, on April 15, 2010, at 10:15 a.m. central daylight time, to consider the adoption and amendment of proposed rules numbered: 

a. revising chapter 74:36:01 (e.g. revising sections 74:36:01 :01 , 74:36:01 :05, 74:36:01:10, 

74:36:01:20, and adding section 74:36:01:21 ); 

b. revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 74:36:02:05); 

c. revising all of chapter 74:36:03; 

d. revising chapter 74:36:04 (e.g. revising sections 74:36:04:02, 74:36:04:03, 74:36:04:03.01, 

7 4:36:04:04, 7 4:36:04:06, 7 4:36:04:07' 7 4:36:04:09, 7 4:36:04:1 0, 7 4:36:04:12, 7 4:36:04:12.01 ' 

74:36:04:13, 74:36:04:15 through 74:36:04:18, 74:36:04:20, 74:36:04:20.01 , 74:36:04:20.04, 

74:36:04:23, 74:36:04:27, 74:36:04:32, adding section 74:36:04:02.01, and repealing 74:36:04:11 ); 

e. revtStng chapter 74:36:05 (e.g. revising sections 74:36:05:01 , 74:36:05:02, 74:36:05:03, 

74:36:05:04, 74:36:05:04.01 , 74:36:05:06 through 74:36:05:09, 74:36:05:12, 74:36:05:16.01, 

7 4:36:05:17, 7 4:36:05:18, 7 4:36:05:20.01' 7 4:36:05:20.03, 74:36:05:21.01' 74:36:05:28, 

74:36:05:30, 74:36:05:31 ' 74:36:05:32, 74:36:05:38, 74:36:05:41 ' 74:36:05:42, 74:36:05:44, 

74:36:05:46, 74:36:05:51 , and repealing section 74:36:05:03.01 ); 

f. revising chapter 74:36:07 (e.g. revising sections 74:36:07:01 through 74:36:07:07.01 , 

74:36:07:09, 74:36:07:10, 74:36:07:12 through 74:36:07:22, 74:36:07:23 through 74:36:07:28, 

74:36:07:31 through 74:36:07:34, 74:36:07:36, 74:36:07:37, 74:36:07:39 through 74:36:07:46; 

74:36:07:47 through 74:36:07:76, 74:36:07:77 through 74:36:07:89, and adding sections 

74:36:07:22.01, 74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90); 

g. revising chapter 74:36:08 (e.g. revising sections 74:36:08:01 , 74:36:08:02, 74:36:08:02.01, 

74:36:08:03 through 74:36:08:102, and adding sections 74:36:08:02.02, 74:36:08:02.03, 

74:36:08:02.04, and 74:36:08:103 through 74:36:08:121); 

h. revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 

i. revising chapter 74:36:10 (e.g. revising sections 74:36:10:02, 74:36:10:03.01, 74:36:10:05, 

74:36:10:07 through 74:36:10:1 0) 

j. revising chapter 74:36:11 (e.g. revising section 74:36:11:01 ); 

k. revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and 74:36:12:03); 

I. revising chapter 74:36:13 (e.g. revising sections 74:36:13:02, 74:36:13:03, 74:36:13:04, 

74:36:13:06, 74:36:13:07, and 74:36:13:08); 

m. revising all of chapter 74;36:16; 

n. revising chapter 74:36:18 (e.g. revising section 74:36:18:10), 

o. repealing chapter 74:36:19; and 

p. adding chapter 74:36:20; and 

The effect of the proposed amendments will be to adopt rev ision to federal regulations. By adopting the proposed amendments, the South Dakota air pollution control program rules will continue to 

comply with the federal regulations, and South Dakota will maintain approval of its air quality program. In addition, EPA has passed several new federal standards that affect South Dakota since the 

South Dakota Department of Environment and Natural Resources last revised the Administrative 

Rules of South Dakota 74:36. The rules will be amended to include these new standards. 

South Dakota's Minor and Title V air quality operating permit programs are a combined construction and operating permit program. The rules are being amended to include a new construction permit program and amending the Minor and Title V air quality operating permit programs to remove the 

construction sections in these operating permit programs. 

Persons interested in presenting data, opinions, and arguments for or against the proposed 

amendments may do so by appearing in person at the hearing or by submitting written comments to 

the South Dakota Department of Environment and Natural Resources at the mailing address that 

appears below. The department must receive written comments by the close of business on April 

14, 2010, to be considered. 

After the hearing, the board will consider all written and oral comments it receives on the proposed 

amendments. The board may modify or amend a proposed rule at that time to include or exclude 

matters that are described in this notice. 

Notice is further given to individuals with disabilities that this hearing is being held in a physically 

accessible place. Please notify the department at least 48 hours before the public hearing if you 

have special needs for which special arrangements must be made. The telephone number for making special arrangements is {605) 773-3151 . 

Copies of the proposed rules may be obtained without charge from the 

Kyrik Rombough, Natural Resources Engineering Director 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

(605) 773-3151 

-s- Steven M. Priner 

Steven M Pirner, Secretary 

Department of Environment and Natural Resources 

Published once at the total approximate cost of $484.00. 
·-

• 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

AFFIDAVIT OF MAILING NOTICE 

TO INTERESTED PARTIES 

I, Kyrik Rombough, under oath, do swear, that on March 12, 2010, I mailed a copy of the 

notice attached to this affidavit to the list of persons attached to this affidavit. I further swear 

that the attached list is a true and correct list of all persons who have requested advance notice of 

rule-making proceedings by the Department of Environment and Natural Resources. 

Subscribed and sworn to 

before me this J!L day 

of (\1\tu·c:h , 20 to. 

Notary 

6~~..~ Public- South Dakota 

(Seal) 

My Commission expires 

,20_. 

BRENDA A('IDEI!iON, Nekuy Ntk 

Nlf COIIIfllisai011 Exprw October 26, 2010 
• 

• 

Dale Cockrell 

PO Box 7370 

Kalispell, MT 59904 

Dear Mr. Cockrell: 

March 12,2010 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUilDING 

523 EAST CAPITOl 

PIERRE. SOUTH DAKOTA 57501-3182 

denr.sd.gov 

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

revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36- Air Pollution 

Control Program. The effect of the proposed amendments will be to adopt revision to federal 

regulations. By adopting the proposed amendments, the South Dakota air pollution control 

program rules will continue to comply with the federal regulations, and South Dakota will 

maintain approval of its air quality program. 

EPA has passed several new federal standards that affect South Dakota since the DENR last 

revised the Administrative Rules of South Dakota 74:36. The rules will be amended to include 

these new standards. In addition, South Dakota's Minor and Title V air quality operating permit 

programs are a combined construction and operating permit program. The rules are being 

amended to include a new construction permit program and amending the Minor and Title V air 

quality operating permit programs to remove the construction sections. 

Enclosed is the public notice for the public hearing that will be held by the Board of Minerals 

and Environment on April15, 2010, in the Matthew Environmental Education and Training 

Center, Joe Foss Building, Pierre, South Dakota at 10:15 a.m. central daylight time. The purpose 

of the public hearing is to receive and consider testimony on the adoption of amendments to 

Administrative Rules of South Dakota, Article 7 4:36 - Air Pollution Control Program. 

Copies of the proposed amendments may be obtained, without charge, by calling Lita Magedanz 

at ( 605) 773-3151. You can also access the rule changes through the department's web page at 

http://denr.sd.gov/des/aq/agnews/aqnews.aspx. Feel free to call me at (605) 773-3151 with any 

comments, opinions, or suggestions you may have on the proposed revisions. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

Enclosure 
• Dale Cockrell 

PO Box 7370 

Kalispell, MT 59904 

Jenny Conger 

621 8th Street 

Brookings, SD 57006 

Richard L Fort 

Action for the Environment 

11307 Black Forest Rd 

Lead, SD 57754 

•

Tim Kinsley 

~lumax Extrusions Inc 

2500 Alumax Road 

Yankton, SD 57078-9399 

William Bartholow 

Asphalt Paving & Materials Company 

RR 3 Box 94 

Huron, SD 57350-9306 

Charles Mickel 

Attorney at Law 

PO Box 2859 

Rapid City, SD 57709-2859 

David Nelson 

BAE Systems 

.OBox 1947 

Aberdeen, SD 57401 

Paul Jansen 

RR#3 Box 62 

Madison, SD 57042 

Max Barnett 

Ace Ready Mix, Inc. 

2001 N Bahnson 

Sioux Falls, SD 57103-4419 

James Nygaard 

Aggregate Construction Inc 

PO Box 239 

Minot, ND 58702-0239 

John Erickson 

Anderson Western Inc 

PO Box 2319 

Bismarck, ND 58502-2319 

Deb Mortenson 

Associated General Contractors 

Box 488 

Pierre, SD 57501-0488 

Paige Baker 

Badlands National Park 

PO Box 6 

Interior, SD 57750 

Bill Beavers 

Barnes Hay & Feed Company 

PO Box 68 

Gayville, SD 57031-0068 
.erryMenge 

Basin Electric Power Company 

171 7 Interstate A venue 

Bismarck, ND 58501 

Blaise Emerson 

BH Council of Local Govts 

PO Box 9686 

Rapid City, SD 57709-9686 

Tim Rogers 

Black Hills Corporation 

PO Box 1400 

Rapid City, SD 57709-1400 

Everett E Hoyt 

As lack Hills Fly Fishers 

W4422 Carriage Hills Dr 

Rapid City, SD 57702 

Dean Berger 

Black Hills National Forest 

1019 North 5th Street 

Custer, SD 57730-8214 

Darrel Hoyer 

Black Top Paving Company 

PO DrawerF 

Sioux Falls, SD 57101 

Charles Monson 

Board of Minerals & Environment 

•

POBox 1351 

Milbank, SD 57252 

Mitch Mahrer 

Bernard Mahrer Construction 

POBox 57 

Rutland, ND 58067 

Jerry Bajari 

Bituminuous Paving Inc 

POBox 6 

Ortonville, MN 56278 

Black Hills Corporation 

PO Box 1400 

Rapid City, SD 57709-1400 

Black Hills Group - Sierra Club 

PO Box 1624 

Rapid City, SD 57709-1624 

Nancy Hilding 

Black Hills Regional Multiple Use Coalit 

POBox 788 

Black Hawk, SD 57718 

Delvin Deboer 

Board of Certification 

914 17th AveS 

Brookings, SD 57006-4091 

Lee M McCahren 

Board of Minerals & Environment 

PO Box297 

Vermillion, SD 57069-0297 
.ichard C Sweetman 

Board of Minerals and Environment 

1809 North Terin Circle 

Sioux Falls, SD 57107 

Timothy Johns 

Board of Minerals and Environment 

203 West Main Street 

Lead, SD 57754 

Robert Duxbury 

Board of Minerals and Environment 

21030 373rd Avenue 

Wessington, SD 57381 

Linda Hilde 

•

Board of Minerals and Environment 

104 Woodland Drive 

Madison, SD 57042-0019 

JeffBroin 

Broin Enterprises 

PO Box 330 

Scotland, SD 57059 

Dennis Bucher 

Bureau of Land Management 

310 Round Up 

Belle Fourche, SD 57717-1618 

John Carlson 

Carlson Construction 

~?Box 1832 

wvvinner, SD 57580 

Glenn B1umhardt 

Board of Minerals and Environment 

2014 6th Ave Box 134 

Bowdle, SD 57428-0134 

Peter Bullene 

Board of Minerals and Environment 

301 20th Avenue SE 

Watertown, SD 57201 

Dennis Landguth 

Board of Minerals and Environment 

613 Alta Vista Court 

Rapid City, SD 57701 

Keith Brakke 

Border States Paving Inc 

PO Box 2586 

Fargo, ND 58108-2586 

Lloyd Kolker 

Brower Construction Company 

PO Box 1137 

Sioux City, lA 51102 

Robert Melvin 

c/o Denver Federal Center 

PO Box 25546 Bldg 41 Rm 240 

Denver, CO 80225-0546 

Charlotte Kraft 

Citation Publishing 

5111 N Scottsdale Rd Suite 145 

Scottsdale, AZ 85250 
AFugene Houg 

~ity of Yankton 

PO Box 176 

Yankton, SD 57078 

Bradley Cundy 

Cundy Asphalt Paving Construction Inc 

PO Box 2469 

Gillette, WY 82717-2469 

Dan Odegard 

Dakota Milling & Grain 

PO Box 2340 

Rapid City, SD 57709-2340 

Alex Huff 

ADakota Southern Railroad 

Wf0Box436 

Chamberlain, SD 57325-0436 

Chris Duininck 

Duininck Brothers Inc 

PO Box 208 

Prinsburg, MN 56281 

John Mulloy 

Ellis & Eastern Railroad 

1201 W Russell 

Sioux Falls, SD 57104 

Cathy Atkins 

EPA Region VIII a,..21 19th Street, 4th Floor Rm. 427 

.....,enver, CO 80202-2500 

Jon Mulloy 

Concrete Materials Company 

PO Box 84140 

Sioux Falls, SD 57118 

Rodney Todd 

Dakota Block Company 

POBox2920 

Rapid City, SD 57709-2920 

Dixie Hendricks 

Dakota Rural Action 

POBox 549 

Brookings, SD 57006 

Lynn Anderson 

Dakota, Minnesota & Eastern 

337 22nd Avenue South 

Brookings, SD 57006 

Larry Johnson 

Dustcoating 

4463 50th St NE 

Buffalo, MN 55313-3722 

William McCollam 

Ellsworth AFB 

28 CES/CEV 2013 Scott Drive 

Ellsworth AFB, SD 57706 

Amy Platt SP-AR 

EPA Region VIII 

1595 Wynkoop Street 

Denver, CO 80202 
• Scott LaFond 

Fisher Industries 

PO Box 1034 

Dickinson, ND 58602 

Clara Langdon 

Fisher Sand & Gravel Co 

PO Box 1034 

Dickinson, ND 58602-1034 

Terese Hruska 

Golden Reward Mining Co 

10928 WharfRoad 

Lead, SD 57754-9704 

Kathy Glines 

Afiarding County Auditor 

W!'OBox26 

Buffalo, SD 57720-0026 

Dave Ohlen 

Hills Materials Company 

PO Box 2320 

Rapid City, SD 57709 

Todd Duex 

Homestake Mining Company 

11457 Bobtail Gulch Street 

Central City, SD 57754 

Milton Handel 

Hutchinson County Highway Department 

ai,40 Euclid 

W'Jlivet, SD 57052 

Rich Schruger 

Fisher Industries 

PO Box 1120 

Spearfish, SD 57783-7120 

Gene Nelson 

GCC Dacotah Inc 

POBox 360 

Rapid City, SD 57709-0360 

Dell Majure 

Graphic Packaging International 

100 Graphic Pkg. Int. Way 

Macon, GA 31206 

Harold Higman 

Higman Sand & Gravel Inc 

PO Box 109 

Akron, IA 51 00 1 

Eric Leverson 

Hodgman W & Sons Inc 

PO Box 1100 

Fairmont, MN 56031-1100 

Philip Mitzel 

Hub City 

PO Box 1089 

Aberdeen, SD 57402-1089 

Andy Detwiler 

Institute of Atmospheric Sciences 

501 ESt Joseph Street 

Rapid City, SD 57701 
.Colin Jensen 

Irving F Jensen Company Inc 

PO Box 1618 

Sioux City, lA 51102 

Marcia Bowes 

Jamir Reclamation Inc 

2915 22nd AvenueS 

Brookings, SD 57006 

Kenneth Jensen 

Jensen Rock & Sand Inc 

PO Box 609 

Mobridge, SD 57601 

Kyle Timmer 

•

Kruse Paving Inc 

PO Box 1100 

Fairmont, MN 56031-1100 

Bill Schultz 

Lake Sand & Gravel Inc 

PO Box 110 

Lidgerwood, ND 58053 

Edith Lien 

Lien Transportation 

PO Box40 

Aberdeen, SD 57401 

Doug Antonson 

Mereen-Johnson Machine Company 

~~01 Lyndale Avenue North 

.rv1inneapolis, MN 55412 

Jerry Wagner 

J &J Asphalt Company 

PO Box 7105 

Rapid City, SD 57709 

John Fraser 

JD Concrete Products 

RR #5 Box 467C 

Mitchell, SD 57301 

Koch Industries Inc 

POBox 2256 

Wichita, KS 67201-2256 

Donald Thomson 

Lake County LEPC 

200 E Center 

Madison, SD 57042 

Jay V~ Den Top 

LG Everist Inc 

PO Box 5829 

Sioux Falls, SD 57117 

Don Stella 

McLaughlin & Schulz Inc 

PO Box 201 

Marshall, MN 56258 

Richard Krull 

Merillat Industries 

4300 S. Highway 79 

Rapid City, SD 57701-9616 
~idwest Assistance Program 

PO Box 81 

New Prague, MN 56071 

Andrea Stomberg 

Montana Dakota Utilities Company 

400 N 4th Street 

Bismarck, ND 58501 

Myrl Unzelman 

Myrl & Roys Paving Inc 

1300 N Bahnson 

Sioux Falls, SD 57103 

Alan D Dietrich 

•

Northwestern Public Service Co 

3rd St & Dakota AveS 

Huron, SD 57350 

Terry Graumann 

Otter Tail Power Company 

215 Cascade Street 

Fergus Falls, MN 56537 

Joel Brannan 

Pete Lien and Sons Inc 

PO Box440 

Rapid City, SD 57709-0440 

Jerry Holsapple 

PSI 

•

2361 S Plaza Drive 

Rapid City, SD 57702 

Floyd A Larsen 

Missouri River Energy Services 

3724 W Avera DR 

Sioux Falls, SD 57108-5750 

Milt Morris 

Morris Inc 

PO Box 1162 

Pierre, SD 57501 

Ron Ness 

ND Petroleum Council 

120 North 3rd Street 

Bismarck, ND 58501 

Bob Cullum 

Nutech Corporation 

POBox 872 

Custer, SD 57730-0872 

George Kruse 

Pacer Corporation Company 

PO Box 912 

Custer, SD 57730-0912 

Pat Gray 

Pope & Talbot Inc 

POBox 850 

Spearfish, SD 57783-0850 

Hugh Dodson 

Raven Industries 

181JNE Avenue 

Sioux Falls, SD 57104-0359 
• 

Sharon Chaples 

Royal C Johnson Veterans Hospital 

PO Box 5046 

Sioux Falls, SD 

Steve Hasenohrl 

SD Dept of Ag Div of Wildlife Fire Supp 

4250 Fire Station Rd, STE 2 

Rapid City, SD 57703 

Yvonne Taylor 

SD Municipal League 

214 E Capitol 

Pierre, SD 57501-2594 

Dawna Leitzke 

•

SD Petroleum Marketers Assoc 

PO Box 1058 

Pierre, SD 57501-1058 

Richard Waldner 

SD State University 

Box 2201 

Brookings, SD 57007 

Ann Phillips 

SEMA 

1575 S Valley Vista Drive 

Diamond Bar, CA 91765 

Tim Gossman 

Simons Construction Company 

POBox 397 

.Rapid City, SD 57709-0397 

Rebecca Cradduck 

SD Assoc of Health Care Organizations 

3708 Brooks Place Suite 1 

Sioux Falls, SD 57106 

Steve Willard 

SD Electric Utility Company 

POBox 247 

Pierre, SD 57 501-024 7 

Jeanne Koster 

SD Peace & Justice Cntr 

PO Box 116 

Sioux Falls, SD 57101-0116 

SD Rural Electric Assoc 

PO Box 1138 

Pierre, SD 57501-1138 

Chris Hesla 

SD Wildlife Federation 

PO Box 7075 

Pierre, SD 57501 

Sierra Club 

45 E Loucks St Ste 109 

Sheridan, WY 82801-6329 

Lynne Keller-Forbes 

Southeastern Council of Governments 

500 N. Western Avenue, Suite 100 

Sioux Falls, SD 57104 
•

Richard Waldera 

Spencer Quarries Inc 

PO Box 198 

Spencer, SD 57374 

Pete Bendex 

Starrnark 

700 E 48th St N 

Sioux Falls, SD 57104 

J A Thompson 

T & R Electric 

PO Box 180 

Colman, SD 57017-0180 

Katherine Edwards 

•

Trinity Consultants 

106 Main St S Suite 201 

Stillwater, MN 55082 

Norm Siler 

Union Pacific Railroad 

1416 Dodge Street 

Omaha, NE 68179-0930 

Wharf Resources Mining Co 

10928 Wharf Road 

Lead, SD 57754 

Superintendent 

Wind Cave National Park 

26611 US Highway 385 

.ot Springs, SD 57747-9430 

Mike Lipp 

St Lukes Midland Regional Medical Center 

305 South State Street 

Aberdeen, SD 57401 

Nanette Dailey 

State of South Dakota 

700 E Broadway Avenue 

Pierre, SD 57501-2586 

Steven Void 

Toshiba 

901 North Foster 

Mitchell, SD 57301 

Ali Farnoud PhD 

Trinity Consultants 

106 Main Street South Suite 201 

Stillwater, MN 55082 

Mike Opitz 

Weatherton Contracting Company Inc 

POBox 151 

Beresford, SD 57044 

Terri Hollomon 

Williams Pipe Line Company 

POBox 3448 

Tulsa, OK 74101 

John Chelstrom 

Xcel Energy 

414 Nicollet Mall 

Minneapolis, MN 55401 
•

Harry Luurs 

Yankton County Hwy Dept 

Box 174 

Yankton, SD 57078-0174 

• 

• 

Scott Ridgley 

Zieglar 

8050 State Hwy 101 

Shakopee, MN 55379 
Message Page 1 of 1 

Rombough, Kyrik 

• From: Rombough, Kyrik 

Sent: Thursday, March 18, 2010 4:58PM 

To: 'Laurel Dygowski' 

Subject: South Dakota Proposed Rule Changes 

Laurel Dygowski 

EPA Region VIII 

Denver, CO 

Dear Ms. Dygowski: 

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

revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36- Air Pollution 

Control Program. The effect of the proposed amendments will be to adopt revision to federal 

regulations. By adopting the proposed amendments, the South Dakota air pollution control 

program rules will continue to comply with the federal regulations, and South Dakota will 

maintain approval of its air quality program. 

EPA has passed several new federal standards that affect South Dakota since the DENR last 

revised the Administrative Rules of South Dakota 74:36. The rules will be amended to include 

these new standards. In addition, South Dakota's Minor and Title V air quality operating permit 

programs are a combined construction and operating permit program. The rules are being 

• amended to include a new construction permit program and amending the Minor and Title V air 

quality operating permit programs to remove the construction sections. 

• 

Enclosed is the public notice for the public hearing that will be held by the Board of Minerals 

and Environment on April15, 2010, in the Matthew Environmental Education and Training 

Center, Joe Foss Building, Pierre, South Dakota at 10:15 a.m. central daylight time. The purpose 

of the public hearing is to receive and consider testimony on the adoption of amendments to 

Administrative Rules of South Dakota, Article 74:36- Air Pollution Control Program. 

Copies of the proposed amendments may be obtained, without charge, by calling Lita Magedanz 

at ( 605) 773-3151. You can also access the rule changes through the department's web page at 

· http://denr.sd.gov/des/ag/aqnews/agnews.aspx. Feel free to call me at (605) 773-3151 with any 

comments, opinions, or suggestions you may have on the proposed revisions. 

Sincerely, 

~~ Natural Resources Engineering Director 

Air Quality Program 

Enclosure 

04114/2010 
• 

• 

• 

CODE 

DEPARTMENT 20 

DIVISION 2 

PROGRAM 

ADMINISTRATIVE PROCEDURES ACT 

FISCAL NOTE 

Prepared by Submitting Agency 

NAME 

Department of Environment & Natural Resources 

Environmental Services 

Air Quality 

BFM 50.10 

PROPOSED RULE: Revisions to ARSD 74:36 

Hearing Date: Apri/15, 2010 

FISCAL IMPACT STATEMENT: The proposed rule changes will have minimal impact to all entities. No additional staffing or resources are 

needed. 

FISCAL NOTE SUMMARY: 

COSTINCREASES(DECREASES) 

State Agencies: 

TOTAL 

Local Subdivisions: 

TOTAL 

Small Businesses 

TOTAL 

REVENUEINCREASES(DECREASES) 

Revenue Increases (Decreases) 

State, Local & Small Business : 

TOTAL 

First-Year Impact Continuous-Yearly Impact 

$0 $0 

$0 $0 

$0 $0 

$0 $0 

$0 $0 

of pro es; separate sections for: 1) explanation of rules effect, i.e. what procedures, schedules, activities, etc. will 

change with its adoption 2) statistics used, and their source, 3) assumptions that were made to arrive at fiscal impact, 4) computations that 

were made, 5)small business impact statement 

Revised June 2004 
• 

• 

• 

South Dakota 

Sen. Jean Hunhoff, Chair 

Legislative 

Research 

Council RECEIVED 

MAR 2 2 2010 

Rep. Shantel Krebs, Vice Chair 

James Fry, Director 

DEPT. OF ENVIRONMENT AND 

NATURAL RESOURCES, 

SECRETARY'S OFFICE 

Doug Decker, Code Counsel 

March 18,2010 

Mr. Joe Nadenicek 

South Dakota Department of Environment and Natural Resources 

523 East Capitol Avenue 

Pierre, South Dakota 57501 

Dear Mr. Nadenicek: 

The South Dakota Board of Minerals and Environment has proposed the amendment, adoption, or 

repeal of rules in ARSD Chapters 74:36:01 to 74:36:05, inclusive; 74:36:07 to 74:36:13, 

inclusive; 74:36:16; 74:36:18; and 74:36:18 to 74:36:20, inclusive -Air Pollution Control, which 

are scheduled for hearing on April 15, 2010. We have reviewed the proposed rules and approve 

them for legality with the following exception: 

-Beginning with ARSD 74:36:05:04, numerous sections use the term "this subpart" 

referring to CFR citations in the rule section. A more specific reference to the CFR 

subpart should be provided. This may be a shortened version of the CFR citation 

provided at the beginning of each section of subdivision. (See the attached for and style 

recommendations.) 

This letter is based on a preliminary review of your rules. Attached are your rules edited for 

form and style pursuant to SDCL 1-26-6.5 and directions for submitting the final draft of the 

rules. If you have any questions, please don't hesitate to call me or the staff member who has 

reviewed your rule. 

Sincerely yours, 

~ Doug~ Code~:~~ 

DD:TM 

Cc: Kyrik Rombough, DENR 

State Capitol, 500 East Capitol, Pierre, SD 57501-5070 

605!773=325-1-•-l'ax6051773-4576 

http://legis.state sd.us 
• 

• 

• 

DIRECTIONS FOR SUBMITTING THE FINAL DRAFT 

RULES REVIEW MEETING SCHEDULE: The Interim Rules Review Committee has set the 

following tentative meeting schedule for the 2010 interim: April 20, June 8, July 20, August 31, 

September 28, November 17, and December 20. 

A. FINAL DRAFT TO LEGISLATIVE RESEARCH COUNCIL: When the final draft of 

the adopted rules is brought to this office for signature for legality and for form and style, 

please include the following items: 

1. The edited copy of the first draft; 

2. One legible copy of the final draft, to be left here. The final draft should be double spaced, 

contain only rules being amended, repealed, or adopted, and show changes from current 

printed rules by means of overstrikes and underscores; 

3. The original Form #11 which contains the signature of the officer empowered to adopt the 

rules or the signatures of a majority of the members of a board or commission which has 

the rule-making authority; and 

4. Copies of the following: 

a. The minutes of all public hearings, (a summary of the minutes if needed); and 

b. The affidavit of mailing to Rules Committee members - Form # 12. 

B. SERVICE ON COMMITTEE: The following information is to be served on the interim 

Rules Review Committee at least five days before the committee meeting date: 

1. The final draft of the adopted rules (three-holed punched and numbered by page); 

2. The minutes of the public hearing; 

a. Include a summary ofthe hearing if a verbatim transcript is used; 

b. Include a summary of any subsequent hearing if the public hearing is continued or final 

action is taken at a later date; 

3. A summary of the written comments or copies of the written comments; 

4. The Impact Statement on Small Business; 

5. The Fiscal Note; and 

6. Agency financial resource information if the agency proposes a rule to increase a fee. 

First class mail, e-mail, or both should be used (See Form #12). 

C. FILING WITH THE SECRETARY OF STATE'S OFFICE (After appearing before the 

Interim Rules Review Committee) 

Each agency must complete and sign all documents before filing the certificate of compliance 

with Chapter 1-26 and the final draft of the rules with the Secretary of State's Office. Although it 

is not required by statute, the Secretary of State's Office would like to have a copy of the approval 

signature sheet with the filing of the final draft and the certificate. 
• 

• 

• 
• ARTICLE 74:36 

AIR POLLUTION CONTROL PROGRAM 

Chapter 

74:36:01 Definitions. 

74:36:02 Ambient air quality. 

74:36:03 Air quality episodes. 

74:36:04 Operating permits for minor sources. 

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

• 74:36:06 Regulated air pollutant emissions. 

74:36:07 New source performance standards. 

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

74:36:09 Prevention of significant deterioration. 

74:36:10 New source review. 

74:36:11 Performance testing. 

74:36:12 Control of visible emissions. 

74:36:13 Continuous emission monitoring systems. 

74:36:14 Variances, Repealed. 

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

74:36:16 Acid rain program. 

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

74:36:20 

Mercury budget trading program, Repealed. 

Construction ermits for new sources or modificatio s ~ 

74:36:19 

CHAPTER 74:36:01 

DEFINITIONS 

Section 

74:36:01:01 Definitions. 

74:36:01:02 Repealed. • 

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

74:36:01:04 Affected states defined. 

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

74:36:01:06 Complete application defined. 

74:36:01:07 Repealed. 

74:36:01:08 Major source defined. 

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

74:36:01:10 Modification defined. 

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

74:36:01:12 Potential to emit defined. • 

2 
• 

• 

• 

74:36:01:13 

74:36:01:14 

74:36:01:15 

74:36:01:16 

74:36:01:17 

74:36:01:18 

74:36:01:19 

Process weight rate defined. 

Repealed. 

Regulated air pollutant defined. 

Responsible official defined. 

Repealed. 

Municipal solid waste landfill defined. 

Existing municipal solid waste landfill defined. 

J-~1.~--uf.:_ , 74:36:01:20 Physical change in or change in the method of operationx ....:~__,fl----

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 DOflartHl:Oftt of EnviroHH!:effi ana Nahlfal Resoarees 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) "Cl<ru> Ai' Act," tho Clo'" All A~42 U.S.C. 7401 et ""h"' mnonded 

through November 15, 19,; • 

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 uniJ' 9t "Unit," any part or activity of a stationary source which emits or • 

has the potential to emit a regulated air pollutant regulated l:lfl:aer or any pollutant listed under 

section 112(b) of the a6t 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.P.R. §§ 60 and 61 (.fuly 

1, 2005 July l, 2009), requirements within the state implementation plan, and permit 

requirements established pursuant to this article or 40 C.P.R. §51 Subpart I (July 1, 2005 July l, 

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) "FiJ<ea e~ital eost," the eapital seeded to flFOYiEie all aepFeeiaale eompoaeats; 

~ 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; 

~ Q.f). "Fugitive emissions," those air pollutants which could not reasonably pass 

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

fMj QJ} "General permit," a permit issued by the board in accordance with SDCL 34A-l56 that may be made applicable to numerous similar sources; 

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

combustion pass through a stack or stacks, using the heat input value of the equipment 

manufacturer's or designer's guaranteed maximum input, whichever is greater; 

~ .Q2} "Incinerator," a furnace used to bum solid waste to reduce the volume of the 

waste by removing its combustible material; 

~ QQ} "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; 

~ Q1). "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) "Ml:Hl:ieipal tyj9e solid waste," as defiaed ia 40 C.P.R. § 60.51a (Ally 1, 2005); 

(401 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} "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; 

f4Jj .{±!). "Opacity," the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background; 

f44j (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; 

f#1.(±;U "Operating permit," a written authorization issued by the board or the secretary 

for the eoHstmetion or operation of a source; 

• 

~ (44) "Owner or operator," any person who owns, leases, operates, controls, or • 

supervises a source; 

f4+fi12). Repealed; 

f4&j (46) "Part 70 operating permit," any permit or group of permits covering a Part 70 

source that is issued, renewed, amended, or revised; 

+491 (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-l1 ( 49) "Permit modification," a revisioH 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 

• 
• administrative permit amendment, or 

minor permit amendment; 

~ill} "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; 

fM1 (52) "PMlO," particulate matter with an aerodynamic diameter less than or equal to a 

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

~ .Gl} "Proposed Part 70 operating permit," a permit that the department has forwarded 

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

comments, including those from affected states; 

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

\'+) €0»!00; ~ 00 "Salvage operation," an operation conducted in whole or m part for the 

reclaiming of product or material; 

~ .(21} "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative; 

~ 00 "Shutdown," the cessation of operation of any control equipment, process 

equipment, or process for any purposes; 

f6B .(22} "Smoke," small gas-borne particles resulting from incomplete combustion, 

consisting predominantly, but not exclusively, of carbon, ash, and other combustible material, 

that form a visible plume in the air; 

• 

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; 

f641 (62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and 

maintenance of national ambient air quality standards; 

(95) "Title II," Title II ef the Clean Air Aet i\mendmefl:ts, J3Fovisions relating to mobile 

soarees; 

(96) "Title III," Title III of the Cleat~ Air Aet .AmeRclmeRts, R&l'larclol:ls air J3olll:1taRts; 

f9+1.(Ql) "Title IV," Title IV ofthe Clean Air Act Amendments, acid deposition control; 

f681 (64) "Title V," Title V of the Clean Air Act Amendments, permits; 

• 

f691 ~ "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone • 

protection; 

(70) "Title VII," Title VII of the CleaR Air Aet i\meRamefl:ts, J3IOvisions relating to 

enforeemefl:t; 

(71) "Title VIII," Title VIII efthe Clean Air ,",et Amendmefl:ts, miseellaReol:ls J3fO'V~sions; 

(72) "Title IX," Title IX ofthe CleaR Air Aet AmeRamefl:ts, e!eaR air researeh; 

(73) "Title X," Title X of the Clean Air t".et Amendments, Elisaclv•antagecl b1:1siness 

eoneerns; 

(74) "Title XI," Title XI of the CleaR Air Aet t\menclments, eleaR rur 6ffiJ3loymefl:t 

transition assistaRee; 

(75) "Unit" or "emission rmit," any J30rtable or stationary equiJ3ment or aetivity that emits 

or has the J30tefl:tial to emit a J30IIl:1tant reg1:1lated rmder the Aet; 

10 

• 
• f+61 ( 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; 

fR1 (67) "VOC," "volatile organic compounds," any 60ffiflOWld of earboe whieh 

partiei.pates ie atffiospherie photoehemieal reaetioes, Ollsllidieg earboe ffiOROJlide, earboe 

dimlide, earboeie aeid, metallie earbides or earboeates, at~d ammoffiam earboeate at~d ~leladieg 

the followieg, vrhieh have beeR determieed to have eegligible photoehemieal reaetivity: aeetoee; 

methaee; ethaH:e; methyleee ehloride (diehloromethaH:e); 1,1,1 triehloroethaH:e (methyl 

ehloroform); 1,1,2 triehloro 1,2,2 trifllioroethaH:e (CFC 113); triehlorofllioromethat~e (CFC 11); 

diehlorodiflaoromethaH:e (CFC 12); ehlorodiflaoromethaH:e (HCFC 22); triflaoromethaee (HFC 

23) 1,2 dieh1oro 1,1,2,2 tetraflaoroethaee (CFC 114); eh1oropeRtaflaoroethaee (CFC 115) 1,1,1 

trifllioro 2,2 dieh1oroethat~e (HCFC 123); 1,1,1,2 tetrafllioroethaH:e (HFC 134a); 1,1 diehloro 1 

• flaoroethaee (HCFC 14113) 1 eh1oro 1,1 diflaoroethaae (HCFC 14213); 2 ehloro 1,1,1,2 

tetraflaoroethaH:e (HCFC 124); peRtafllioroethaee (HFC 125); 1,1,2,2 tetrafllioroethaae (HFC 

134); 1,1,1 triflaoroethane (HFC 143a); 1,1 diflaoroethaee (HFC 152a); 1,1,1,2,3,4,4,5,5,5 

deeaflaoropeRtaee (HFC 43 10mee); 3,3 diehloro 1,1,1,2,2 peataflHoropropaee (HCFC 225ea); 

1,3 diehloro 1,1,2,2,3 peRtaflaoropropaee (HCFC 225eb); paraehloroben-zotriflaoride (PCBTF); 

eye1ie, braeehed, or liaear eoffi{lletely methylated silollaRes; perehloroethyleee 

(tetraehloroethyleHe); diflaoromethaee (HFC 32); ethy1flaoride (HFC Hi1); 1,1,1,3,3,3 

hellafll:wropropat~e (HFC 236fa); 1,1,2,2,3 peatafllioropropaae (HFC 245ea); 1,1,2,3,3 

peRtaflaoropropaee (HFC 245ea); 1,1,1,2,3 peRtaflaoropropane (HFC 245eb); 1,1,1,3,3 

peRtaflaoropropane (HFC 245fa); 1,1,1,2,3,3 he*afllioropropaee (HFC 236ea); 1,1,1,3,3, 

peRtaflaorobataae (HFC 365mfe); eh1oroflaoromethaae (HCFC 31); I ehloro 1 fllioroethaee 

• (HCFC 151a); 1,2 diehloro 1,1,2 trifllioroethaH:e (HCFC 123a); 1,1,1,2,2,3,3,4,4 HOHaflHoro 4 

11 
methm<y butane (C~~ or HFE 7100); 2 (difluoromethm<ymethyl) 1,1,1,2,3,3,3 • 

:ITRee!~3ttacaflt±UQOOlrFEOiil~if4rOf1l~*B:11flH~e---(1((~C:o¥f,>1;,GFGF;,GGH;+ii);,-----!1,-ee1t:flheoJlfl)'l-'-±1-.,1h-,2~,~2"',3~,='-3,;"14-;',4'1-;,44-tRM:OiflR!aaflt±uuOlorFEO*'bl'!laitltaJlfRiee 

(:G~ GG,~ or HFE 7200); 2 (ethm<ydiflaorometh-yl) 1,1, 1 ,2,3 ,3 ,3 he~taflaoro~ro~aRe 

((:GF,.~GFGF;,GG~); meth-yl acetate; 1,1, 1 ,2,2,3 ,3 h~taflaoro 3 methmty ~ro~ane (R 

C~GGH,., HFE 7000); 3 ethm<y 1,1,1,2,3,4,4,5,5,6,6,6 dodecaflaoro 2 (triflaoromethyl) 

heJtaRe (HFE 7500); 1,1,1,2,3,3,3 h~taflaoro~ro~aRe (HFC227ea); methyl formate 

(HCOOCH;); aRd ~erflaorocarboR co~omds wllich fall iffio these classes: 

(a) Cyclic, branched, or liRear co~letely flaoriRated alkaRes; 

(b) Cyelic, bFaRched, or liRear co~letely fltwriRated ethers with RO HHsaturatioHs; 

(c) Cyclic, braRched, or liRear co~letely flaoriRated tertiary amiRes with RO 

oosaturatioRs; aF!d 

(d) Salfur coffiaiRiRg ~erflaorocarboRs with RO aRsataratioRs and Vlith salfur baRds • 

oRly to carboR and flaoriR( as defined in 40 C.F.R. § 51.100(s) (July I, 2009) ) .:!<-

f781 @ "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; 

(8G1 (70) "S02," sulfur dioxide; iffid 

f8Bflll"N02," nitrogen dioxid'* and 

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

the construction and operation of a new source or modification to an existing sourcex • .(( 

• 

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 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6 . 

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

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

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

100012. Cost: $31. 

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

requirements of the Clean Air Act include all of the following as they apply to emissions units in 

a Part 70 source, unless the context ofthe 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 

13 
implements the relevant requirements of the Clean Air Act, including any revisions to that plan • 

promulgated in Part 52 of 40 C.P.R. (Jaly 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 C or D, 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 of the Clean Air Act; 

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

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

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

14 
• (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. 

74:36:01:10. Modification defmed. 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 

15 
a modification under any provision of Title I, or an alternative emissions limit approved pursuant • 

to regulations promulgated under§ 112(i)(5) of the Clean Air Act. 

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

§ 34:10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:02, effective 

July 1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:02, 19 SDR 157, 

effective April22, 1993; 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. 

Law Implemented: SDCL 34A-1-6. 

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

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

(1) Routine maintenance, repair, and replacement; 

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

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

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

as in effect on January 1, 1993; 

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

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

solid waste; 

16 

• 

• 
• (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 (July 1, 2005 July 1, 2009) or under regulations 

approved pursuant to 40 C.F.R. § 51.165 (July 1, 2005 July 1. 2009). 

• 

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-1-6. 

74:36:01:21. Commenced construction defined. Commenced construction means the 

owner or operator has all necessarv 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 

17 
(2) Entered into a binding agreement or contractual obligation, which cannot be cancelled • 

or modified without substantial loss to the owner or o er to 

construction of the source. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

CHAPTER 74:36:02 

AMBIENT AIR QUALITY 

• 

Section 

74:36:02:01 Air quality goals. 

74:36:02:02 Ambient air quality standards. 

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

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

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

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

in 40 C.P.R. §§ 50.1 to 50.5, inclusive, (Jaly 1, 2005 July l, 2009); 40 C.P.R. § 50.6 (July 1, • 

18 
• ~July l, 2009); 40 C.F.R. § 50.7(a)(l), (b), and (c) (J1:1ly l, 2005 July l, 2009); 40 C.F.R. 

§ 50.8 and 40 C.F.R. §§ 50.10 to 50.12, inclusive, (J1:1ly 1, 2005 July l, 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-l-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 

(J1:1ly 1, 2005 July 1, 2009) shall be measured by the reference method or methods stated in 40 

C.P.R. Part 50, Appendix A to Appendix N, inclusive, (JI:lly 1, 2005 July l, 2009) or an 

equivalent method designated in accordance with 40 C.F.R. Part 53 (JI:lly 1, 2005 July 1, 2009) . 

• 

19 
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 

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. 

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

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

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

1, 2005 July 1, 2009). 

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-1-15. 

Law Implemented: SDCL 34A-1-15. 

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

monitoring required by the department shall be consistent with 40 C.P.R. Part 58 (Jt~ly 1, 2005 

20 

• 
• July I, 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 April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR I 01, effective 

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

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

Law Implemented: SDCL 34A-l-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 (Jl:lly 1, 2005 July 1, 2009), if the accumulation of air 

• 

21 
pollutants in any place is attaining or has attained levels which could, if such levels are sustained 

or exceeded, lead to a substantial threat to the health of the public. 

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

§ 34:10:02:22, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:02:17, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:17, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

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

General Authority: SDCL 34A-l-6, 34A-l-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.F .R. § 51.153 (JHI.y 1, 2005 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-l-6, 34A-l-15. 

Law Implemented: SDCL 34A-l-15. 

CHAPTER 74:36:04 

22 

• 
• 

• 

• 

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. 

Pennit Minor source operating permit required. 

Minor source operating permit exemption. 

Operating permit 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. 

Departmeat's reeommenaatien on operating permit. 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. 

23 
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, modification 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. 

24 

• 

• 

• 
• 74:36:04:02. PeFmit Minor source operating permit required. A person may not 

eonstruet, install, moElity, or operate any source or unit likely to cause the emission of air 

pollutants into the ambient air or any equipment whi~~nts ~ or controls the emission of air 

pollutants into the ambient air until the applieable preeonstruetion a construction pennit or minor 

source operating pennit 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-l-21. 

74:36:04:02.01. Minor source operating permit exemption. The following sources are 

exempt from obtaining a minor source operating permit: 

(1) A source that has the potential to emit 25 tons or less per year of any criteria pollutant, 

except lead, before the application of control equipment; and 

(2) Any other source constructed for domestic purposes and not intended for use by an 

industrv, manufacturer, or business. 

Source: 

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

• Law Implemented: SDCL 34A-1-21. 

25 
74:36:04:03. Operatiag permit Emission unit exemptions. The following sourees or 

emission units are exempt from ohtaiaiag inclusion in a minor source operating permit unless the 

source has requested federally enforceable permit conditions related to the emission unitQQ to 

avoid needing a Part 70 operating permit, or a pre>;effiioa of sigaifieaat deterioratioa PSD 

preconstruction permit, or NSR preconstruction permit}( ! .1(::: 

(1) A faeility operatiag aa iaeiaerator or One or more incinerators of less than 100 pounds 

per hour combined burning capacity that combust municipal or household waste; 

(2) A mobile internal combustion engine, including those in autos, trucks, tractors, 

airplanes, locomotives, and boats; 

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

(4) A HBit fueled by Batura! gas that is ased !*elasively for spaee heatiag; 

W {1} 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; 

f6j ill An air conditioning or ventilating system not designed to remove air pollutants 

from equipment; 

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

roofs, or paving parking lots; and 

(7) An emergeaey eleetrieal geBerator powered by petroleHHl: prodl:lets; 

(8) A, facility that has the poteBtial to emit 25 toas or less per year of any eri:teria polffitaBt, 

e~<eept lead, before the applieatioa of eontrol eqllipmeat; 

(9) A anit fueled by waste oil meetiag the requiremeats of§ 74:28:27:01; 

26 

• 

• 

• 
• fWt-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 

.~L.)b from the unit must be included in determining~he source is a minor sourc~ 

( 11) A:ay ether seHFee eeHstmetea fer Elemestie pHf!leses aBEl Het iflteHElea fer use by aB: 

iHElustry, maB:Ufaetffi'er, er busifless. 

A seHFee er An emission unit that is exempt from permitting UfiEler suaaivisiefls (1) te fl% 

iHclusive, must still meet the visible emission restriction in § 74:36:12:01. 

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

§ 34:10:01:16, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:25, effective July 1, 

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

transferred from§ 74:26:01:25, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 

1999; 31 SDR 101, effective January 2, 2005. 

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

Law Implemented: SDCL 34A-1-19, 34A-1-21. 

Cross-References: Operating permits for Part 70 sources, ch 74:36:05; Prevention of 

significant deterioration, ch 74:36:09. 

74:36:04:03.01. Minor source operating permit variance. The owner or operator of a 

• minor source may request a variance from applicable emission standards. The variance will aHow ~ -* 

27 
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 eithef amend and approve, deny, or adopt the department's recommendation. 

Source: 23 SDR 106, effective December 29, 1996; 31 SDR 101, effective January 2, 

2005. 

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-24. 

Law Implemented: SDCL 34A-l-12, 34A-1-19, 34A-1-24. 

• 

28 
• 

• 

• 

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 rnoaifieation revision may be issued only if it has been shown 

that the operation of the HeW source or permit rnoaifieation revision will not prevent or · 

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

·~s 

Compliance with this requirement as determined by air pollution dispersion modeli gjl; s~li ~ :/( 

~ affected by stack height that exceeds good engineering practice or by any ot r dis ~on 

technique as defined in 40 C.F.R. § 51.100 (July 1, 2005 July 1, 2009). Each HeW source, eJtisting 

souree, ana pefl'Rit rnoaifieation must comply with emission limits and other requirements of the 

-& 

act andA Clean Air Act. The minor source operating permit must include reasonable conditions, 

including adherence to plans and specifications, to assure compliance with the act, eean 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 § 44:1 O:OI :I2, effective July I, 198I; I 0 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 

29 
May 13, 1991; transferred from§ 74:26:01:12, 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-l-6, 34A-1-19, 34A-1-21. 

Law Implemented: SDCL 34A-1-19, 34A-l-21. 

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

(Jv 

person who owns or operates a source required to have finor 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 days, vfhieh inel1:1des the 30 day fH:ffilie ROtiee period, aefofe the 

estimated date of eommeneing eonstmetion of the sol:lfee Of opefation of a eonstmeted sol:lfee 

within 12 months after commencing operation. A minor source applving 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 modificatiolJ.(. 

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 permit within this time limit, the source's 

existing permit does not expire until the renewal permit has been issued or denied. The terms and 

• 

30 
• 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. 

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

Note: A minor source applying for an initial operating permit or a permit modification 

must obtain a construction permit in accordance with § 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 0 · • Ll 1'\o\.v~ ~f'L c, --

application for an operating permit for a minor source or permit modification must sabmi~the .j( 

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 peffi!s units; 

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

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

31 
(d) Limitations on source operation affecting emissions or any work practice standards, 

where applicable, for all regulated air pollutants; 

(e) Other infonnation required by any applicable requirements, including infonnation 

related to stack height limits, such as the location of emissions units, flow rates, building 

dimensions, and stack parameters, including height, diameter, and plume temperature, for all 

pollutants regulated at the source; 

( 4) A copy of any prepared plans and the specifications of any equipment or other facilities 

which may affect the source, including pollution control devices; 

(5) An abatement strategies plan, if required by chapter 74:36:03; 

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

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

(8) The results of any stack performance testing required by the department; 

(9) Any other information requested by the department which is relevant to determining 

compliance with the act or the Clean Air Act. 

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

application for the renewal of an operating permit may refer to a previously submitted application 

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 

32 

• 

• 

• 
• SDR 141, effective July 1, 1987; transferred from§ 74:26:01:09, 19 SDR 157, effective April22, 

1993. 

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

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

74:36:04:08. Applicant required to supplement or correct application. If the applicant 

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

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

information. The applicant shal rovide additional information 

requirements that become applicable afte 

draft permit. 

• Source: 19 SDR 157, effective A · 22, 1993; 21 SDR 119, 

Law Implemen 

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, f! 

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 

33 
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 re-vie•.v complete the application. 

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

additional information to submit the information, unless an extension beyond the 20 working 

days is approved by the department; and 

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

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

writing if the awlication 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-1-21. 

Law Implemented: SDCL 34A-1-21. 

74:36:04:10. Time period for department's recommendation. The department shall 

recommend issuance or denial of an operating permit, a permit modification, or a renewal for an 

operating permit for a minor source within 90 days after the submission of a eoffii3leted 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 lermit with 

a ro riate conditions to ~m liance with the act and Clean Air t. F)iilure of the / 

department to act on an application entitles the applicant to petition for and obtain a contested 

34 

;j( 

• 
• 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 April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:11. Department's recommendation on operating permit. The detJartment, 

• after re>liew of a eoffifllete applieation for an operating peHllit or a renewal of an operatiRg peffflit 

for a minor SOl:lfee shall reeOHl:Hl:etl:H to the aoara that the peffflit ae issued or denied. The 

• 

reeommeRdation to issue a peHllit shall ineluae a draft p6FHl:it with appropriate eonaitioRs to 

assl:lfe 60HJ:fllianee with the aet 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 April4, 1999. 

Ce&eral Authority: SDCL 34A 1 9, 34A 1 21 . 

Law IIB:fllemeuted: SDCL 34A 1 21, 34A 1 29, 34A 1 30. 

35 
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 faeility ~ and where it is 

located; the department's recommendation and the reasons for it; the activity or activities 

involved in the permit action; the emissions change involved in any permit modification; a 

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

publication of the notice; describe the procedures a person must follow to contest the draft permit 

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

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

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

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

§§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effe~tive 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-1-21. 

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 • 

36 
• 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. 

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

Law Implemented: SDCL 34A-l-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 new, modified, or renewed permit, denying a permit, or terminating a permit. 

• 

The proposed ne>i'l, modified, or renewed 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 

37 
(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 aew, modified, or reaewed final permit is issued at the 

end of the public notice period. 

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

§§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:38, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:38, 19 SDR 157, effective 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. 

74:36:04:15. Contents of operating permit. An operating permit or a reaewal of aa 

operatiag permit for a minor source shall include the following: 

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

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

a permit; 

(3) The type of operation; 

( 4) The J*aE:t facilitv 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; 

38 

• 

• 

• 
• (8) A statement granting an operating permit by the board or secret~d any conditions 

that the board or secretary may impose to ensure compliance with the act and/Clean Air Act; ~ I 

(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 

anfClean ~-Air Act; 

(1 0) Monitoring and related recordkeeping and reporting requirements; 

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

requirements if any portions of the permit are challenged; and 

(12) Provisions stating the following: 

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

• revocation and reissuance, er medifieatien permit revision, or fer denial of a permit renewal 

application; 

(b) The operating permit may be meElified 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 *(cause 

~ exists for medifying 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, 

39 
13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from • 

§ 74:26:01:44,19 SDR 157, effectiveApril22, 1993. 

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

Law Implemented: SDCL 34A-l-21, 34A-l-30. 

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 April22, 1993. 

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

Law Implemented: SDCL 34A-l-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-l-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 appliean-t's submittal of a E:otiee aE:d an application. The E:Oti£e 

40 

• 

• 
• application must specify-Wthe 

~ requested revision is an administrative permit amendment, minor i 

• 

• 

permit amendment, or !! permit modification with supporting documentation. The application 

-shaH ~ rcOntirin the necessary information required for an administrative permit amendment, minor ~ . 

permit amendment, or permit modification. 

Source: 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:20. Procedures for administrative permit amendments. The faeility source 

may implement a proposed revision that is considered an administrative permit amendment 

~"' immediately upon notifying the department. The department shall determine-4£/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 aa operating!! permit modification. 

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. 

74:36:04:20.01. 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, 

41 
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-l-21. 

Law Implemented: SDCL 34A-1-12, 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 faeility source may implement a proposed revision that is considered a minor permit 

amendment seven days after notifying the department submitting a complete application. The 

secretary shall issue minor permit amendments without the procedural requirements applicable to 

obtaining an operating.!! 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. 

42 

• 

• 

• 
• 

• 

• 

Law Implemented: SDCL 34A-1-21. 

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 assure ~/ 

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. 

74:36:04:27. Operating permit termination, madifieatiaa revision, and revocation. 

The board, upon recommendation by the secretary, may terminate, modify 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. 

74:36:04:32. General permits. The secretary may issue a general permit to a category of 

air pollution sources that meets the following: 

43 
(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 

~strucdr 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 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. 

CHAPTER 74:36:05 

44 

• 

• 

• 
• 

• 

• 

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 

OPERATING PERMITS FOR PART 70 SOURCES 

Applicability. 

Pefl'l'l:it Part 70 operating permit required. 

Sources required to obtain a Part 70 operating permit. 

PSD or NSR preeoHstnletioH ]9efl'l'l:it reqmred. Repealed. 

Sources exempt from obtaining a Part 70 operating permit. 

Insignificant activities. 

Transferred. 

Standard for issuance of a Part 70 operating permit. 

74:36:05:06.01 Fees required for operating permit. 

74:36:05:07 Time period for operating permits and renewals. 

74:36:05:08 Timely and complete application for operating permit required. 

74:36:05:09 Complete application. 

74:36:05:10 and 74:36:05:11 Transferred. 

74:36:05:12 Required contents of complete application. 

74:36:05:13 Applicant required to supplement or correct application. 

74:36:05:14 Repealed. 

74:36:05:15 Deadline for final action on permit application. 

74:36:05:16 Statement ofbasis for recommended permit conditions . 

74:36:05:16.01 Operating permit requirements. 

45 
74:36:05:17 Public participation in permitting process. 

74:36:05:18 Public and affected state review of draft permit. • 

74:36:05:19 Transferred. 

74:36:05:20 Repealed. 

74:36:05:20.01 Final permit decision-- Notice to interested persons. 

74:36:05:20.02 Petitions for contested case hearing. 

74:36:05:20.03 EPA review of Part 70 operating permit. 

74:36:05:21 EPA objection to issuance of operating permit. 

74:36:05:21.01 Department response to EPA objection. 

74:36:05:22 Department failure to meet EPA objection deadline. 

74:36:05:23 Public petition to EPA on the final permit. 

74:36:05:24 Repealed. 

74:36:05:25 to 74:36:05:27 Transferred. • 

74:36:05:28 Permit expiration. 

74:36:05:29 Permit renewal. 

74:36:05:30 Permit flexibility. 

74:36:05:31 Permit amendment -- Application required. 

74:36:05:32 Administrative permit amendment required. 

74:36:05:33 Procedure for administrative permit amendments. 

74:36:05:34 Minor permit amendment required. 

74:36:05:35 Requirements for minor permit amendments. 

74:36:05:36 Application for minor permit amendment. 

74:36:05:37 Notification of EPA and affected states required. • 

46 
• 

• 

• 

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 

74:36:05:48 

74:36:05:49 

74:36:05:50 

74:36:05:51 

74:36:05:52 

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. 

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 

relfl:lirea to obtain a Part 70 operating permit. 

47 
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-1-21. 

74:36:05:02. PeFmit Part 70 operating permit required. A person may not eoastruet, 

iastaU, modify, re'1ise, 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 applieable preeoastruetioa a construction permit, PSD 

preconstruction permit, NSR preconstruction permit, or Part 70 operating permit has been issued 

by the board or the secretary. 

Source: 19 SDR 157, effective April 22, 1993; second paragraph transferred from • 

§ 74:36:05:05, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 

25 SDR 123, effective 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: • 

48 
• (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. 

• 

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

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

74:36:05:03.01. PSD or NSR preconstruction permit required. The sl:lbmittal of a 

eoffij3lete applieatioR for aR operatiRg peffl'lit for a Part 70 sornee does Rot affeet the reqtliremeRt 

that a sornee ha-ve a P8D or }or8R preeoRstmetioR peffl'lit as reqt1ired mder § 110, 165, 172, or 

173 of the Clean Air Aet or ehapters 74:36:09 aRd 74:36:10. A P8D or }or8R souree must sl:lbmit 

a eoffiJ3lete applieatioR for a Part 70 operatiRg peffl'lit withiR 12 moRths after eoffiffieReiRg 

operatioR. Repealed . 

49 
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. 

CeHeraU· ... utherity: SDCL 34A 1 6, 34A 1 21. 

L~· lmplemeHted: SDCL 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: 

(1) All sources that are not included in§ 74:36:05:03; 

(2) Sources that operate a unit subject to 40 C.P.R. 60, Subpart AAA-Standards of 

Performance for New Residential Wood Heaters (July 1, 2005 July 1, 2009) are exempt from the 

~ * ermit ro ed the source is notre ired to obtain~~·~ rr 

ermit for a reason other than the source is sub'ect to . s a . em-ted • 

sources must still meet the a licable re uirements in 0 .t 

-'5 ~~~IT A)f2 .~ wtii; r+-

(3 Sources that operate a unit subject to 40 C.P.R. § 61.145, Standard for Demolition and 

Renovation (Jaly 1, 2005 July 1, 2009) are exempt from the obligation to obtain a Part 70 

·;f 

operating permit pn}~ded the source is not required to obtain a Part 70 operating permit for a ~ 

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. • 

50 
• General Authority: SDCL 34A-l-6, 34A-1-21. 

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

74:36:05:04.01. Insignificant activities. The following emission units are considered 

insignificant activities and are exempt from inclusion in a Part 70 operating permit unless the 

ificant activit 

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 intert}.al combustion engine, including engines in autos, trucks, tractors, 

airplanes, locomotives, and boats; 

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

( 4) A devise 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; 

( 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 UB:it ma-y E:ot be eoE:siaerea iE:sigillfieaE:t if a state 

owever the criteria ollutant emissions from the unit 

must be included in determinin · the source is a ma·or source; and 

• ~· 

51 
(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-H~rce is a major or ffiiE:or source. A unit m\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-l-6, 34A-l-21. 

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

74:36:05:06. Standard for issuance of a Part 70 operating permit. A Part 70 operating 

permit for a :aew source or permit Hl:oaifieatioa revision may be issued only if it has been shown 

that the operation of the :aew source or permit Hl:oaifieatioa revision will not prev 

defined in 40 C.F.R. § 51.100 (Jaly 1, 2005 July l, 2009). Each :aew source, el<istiE:g souree, ana 

pefffiit Hl:oElifieatioE: must comply with emission limits and other requirements of the act and ~ ">t 

Clean Air Act. A Part 70 operating permit must include reasonable conditions, including • 

52 
~ 

• adherence to plans and specifications, to assure compliance with the act,) 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. 

74:36:05:06.01. Fees required for operating permit. The applicant for iffi a Part 70 

operating permit fet: and the owner or operator of a source with a Part 70 souree 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 . 

• 

53 
74:36:05:07. Time period for operating permits and renewals. A pennit for an affected • 

source under Title IV of the Clean Air Act shall be for a fixed term o,t: v1 years. Operating 

i 

permits for all Part 70 sources shall be issued for a period up to five y ars)and all subsequent ;f, 

operating permits shall be for a period of five years. A permit issued for a s d 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 April22, 1993. 

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24. 

Law Implemented: SDCL 34A-1-21, 34A-1-24. • 

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 er a modifieation to an 

t:l*isting soUi'ee, e)(6efJt as prov-ided in subdivision (3), must submit a complete application to the 

department fl:O less than SiJ< months aefore aegiooing aemal 60fl:Stffietion. 1\:11 applieatien may ae 

saamitted in a sherter time frame if the applieant reeeives prior written appreval from the • 

54. 
• aepartHl:eH:t. I'or pffiJloses of this section, begiflfliag aema.J eoastmetioa means the initiation of 

physieal, oasite eoastmetioa, reeoastmetioa, or moaifieatioa aetivities oR a Hfl-it or ehange in 

method of operation that are ofperm:aneflt nature within 12 months after commencing operation; 

(2) A Part 70 source applying for a permit modification shall submit a complete 

application to the department within 12 months after commencing operation of the emission units 

~ Q} A Part 70 source applying for renewal of an operating permit must submit a 

complete application six months before the date of permit expiration. If a source submits a timely 

and complete application for renewal of a permit, the terms and conditions of the existing permit 

remain in effect until the renewal permit has been issued or denied. This right to operate pending 

action on an application is extinguished if the applicant fails to submit on time the information 

• identified in§ 74:36:05:12; 

~ .{±} Part 70 sources required to obtain approval under§ 112(g) of the Clean Air Act or 

te have a PSD preconstruction permit or NSR preconstruction permit nnaer the preeoastmotioa 

review program aaaer part C or D of Title I of the Clean 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 moffifieatios. before commencing operation; 

t41 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 

55 
~ .{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-l-6, 34A-l-21. 

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

Note: A Part 70 source applying for an initial operating permit or a permit modification • 

must obtain a construction permit in accordance with§§ 74:36:09, 74:36:10, or 74:36:20 before 

commencing construction of the source or permit modification. 

applicatio 

within 60 days after its receipt and shall notify the applicant in writing of its 

determination. If the department does not notify the applicant that the application is inc9mplete 

within 60 days after receipt of the application, the applicant may consider the application 

complete. At any time during the processing of the application, the department may request, in 

writing, additional information necessary to evaluate or take final action on the application . 

• 

56 
• 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 additim'l:al 20 working days after receipt of an incomplete notification or request 

for additional information to submit the refii1:1ested information, unless an extension beyond the 

20 working days is approved by the department. The department shall determine the adequacy of 

the applicant's response to each incomplete item within 20 days after receipt of the response and 

shall notify the applicant in writing if the application is or is not complete. 

Once a designated representative submits a timely and complete acid ram permit 

application, the owners or operators of the affected source and the affected units covered by the 

permit application are considered in compliance with the requirement to have an acid rain permit 

• until the final permit is issued, .provided th\any requested additional information is submitted 

during the permitting process. ·t\' 

- 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-1-21. 

Law Implemented: SDCL 34A-1-21. 

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: 

• 

57 
(1) General company information, including the company name and address or the plant 

name and address if different from the company name, the owner's name and agent, and the plant • 

site manager or contact; 

(2) A plant description in terms of the processes and products identified by the Standard 

Industrial Classification Code, 1987, including any associated with each alternate scenario 

identified by the source; 

(3) The following information on emissions: 

(a) All emissions of pollutants for which the source is major and all emissions of 

regulated air pollutants. The applicant must describe all emissions of regulated air pollutants 

emitted from any emissions unit, except when such units are exempt; 

(b) Identification and description of all emission peints 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 

• 

58 
• 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 mr pollution control emission limit 

requirements; 

(9) A review of fugitive emissions included in the same manner as stack emissions, 

whether or not the source is included in the list of sources contained in the definition of major 

source; 

(1 0) 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; 

59 
(14) Information necessary to define reasonably anticipated alternative operating • 

scenarios, to define permit terms and conditions pursuant to § 74:36:05:30, or to implement a 

federally enforceable emission cap; 

(15) A compliance plan that contains all of the following and is at least as stringent as that 

contained in any judicial consent decree or administrative order to which the source is subject: 

(a) A description of the compliance status of the source for all applicable requirements, 

including applicable requirements that will become effective during the term of the permit; 

(b) A description of the requirements for which the source is not in compliance at the 

time of permit issuance and a narrative description and a compliance schedule of how the source 

will achieve compliance with such requirements. The compliance schedule must include a 

statement that progress reports will be submitted at least once every six months; and 

(c) A statement that the source will continue to demonstrate compliance with applicable • 

requirements; 

(16) A certification of compliance by a responsible official that addresses all air pollution 

control requirements applicable to the source. A certification of compliance for an affected 

source subject to Title N 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; • 

60 
• (d) A statement identifying the condition of the permit that is the basis of the 

certification, indicating the compliance status, and identifying whether compliance is continuous 

or intermittent; and 

(e) A statement indicating the source's compliance status with any applicable enhanced 

monitoring and compliance certification requirements of the Clean Air Act; 

(17) A certification by a responsible official of the truth, accuracy, and completeness of 

any application form, report, or compliance certification submitted to the department. This 

certification and any other required certification must state that, based on information and belief 

formed after reasonable inquiry, the statements and information in the documents are true, 

accurate, and complete; and 

(18) Any other information requested by the department after submission of an application 

• for a permit to operate a Part 70 source which is relevant to determine compliance of the source 

with the Clean Air Act. 

• 

An application for a renewal of an operating permit for a Part 70 source may refer to 

previously submitted material. 

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 

21 SDR 119, effective January 5, 1995. 

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

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

61 
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. 

74:36:05:16.01. 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 i*affi facility and mailing address; 

(4) The date the operating permit was granted and on which it will expire; 

(5) A number for administrative reference; 

(f>i A Th::~tod pmon "' offi= '"poniDblo fo< the "'"'""''' opomtion; 

t9-J---A...stat~anting 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 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 

an7 Clean Air Act and including the following: 

o/ (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 

62 

• 

• 

• 
• (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 m 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; 

63 
(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 

(10) If applicable, a condition prohibiting emissions exceeding any allowances that the 

source lawfully holds, exceedances of applicable emission rates, and the use of any allowance 

prior to the year for which it was allocated under the Title IV program of the Clean Air Act; 

(11) A severability clause asserting the continued validity of permit requirements if any 

portions of the permit are challenged; 

(12) Provisions stating the following: 

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

64 

• 
• revocation and reissuance, or modifieation permit revision, or fer 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. E~<isting permit eonditions v1ill not be affeeted by 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 modifying 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 

65 
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; 

• 

66 
• (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 

with40 C.P.R. Part 70.6(d) {Jlily 1, 2(:)(:)5 July 1, 2009); 

(18) Provisions for permit emission exceedances due to emergencies that are in accordance 

with the requirements in 40 C.P.R. Part 70.6(g) (Jli1y 1, 2(:)05 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 

• ~h~ r~.ct\Y / 

/

\ . luY-f~ ,/ 

74:36:05:17. Public participation in permi:w.· rocess. All o e att g permit issuance 

~ ..) ~*- proceedings, including renewals, permit modificati n and reopeni ~ fi a Part 70 source, 

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

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

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

except as provided in this chapter, must provide an opportunity for pub tc 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: 

67 
(1) A brief statement describing the faeility 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-1-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

74:36:05:18. Public and affected state review of draft permit. During the public 

comment period, any interested person or affected state may submit written comments on the • 

68 
• 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 April4, 1999. 

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

Law Implemented: SDCL 34A-1-21. 

• 74:36:05:20.01. Final permit decision -- Notice to interested persons. The department 

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

draft permit. The department shall notify, in writing, the applicant and each person or affected 

state that submitted written comments or requested notice of the final permit decision. The notice 

shall include reference to the procedures for contesting the final permit decision and requesting a 

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

means proposing a aew, modified, or reaewed permit, denying a permit, or terminating a permit. 

The proposed aew, modified, or reB:ewed Part 70 operating permit wrtt{be 

~~ submitted to 

EPA within 30 days of notifying the applicant and each person or affected state that submitted 

• 

69 
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-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 sooree operating 

permit, including any application for g 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. 

70 

• 

• 
• 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. 

74:36:05:21.01. 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 pffi:Jlish a pffi:Jlie 

• Retiee as reE!ffired ay § 74:36:95:17 a,nd take eommeRts frem the pffi:Jlie eR the nwised peFRlit 

ermit 

amendment minor · ermit amendment or ermit modification as a 

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. 

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

• Law Implemented: SDCL 34A-1-21. 

71 
74:36:05:28. Permit expiration. Permit expiration terminates the source's right to operate • 

under the Part 70 operating permit unless a timely and complete renewal application has been 

submitted to the department. 

Source: 19 SD R 157, effective April 22, 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. 

74:36:05:30. 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 

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 w~ ~ do not violate any applicable requirements or 'f., 

contravene federally enforceable permit terms and conditions, such as monitoring, including test 

methodst'/ecordkeeping;- reporting;- pr compliance certification requirements. For each such !( ;r. - }_ -

72 
• 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. 

General Authority: SDCL 34A-1-6, 34A-l-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 applieant's submittal of an application. The application must 

• specify ~he requested amendment ana the reasons for it permit revision is an administrative 

~ 73 
./\ 

' 

ermit amendment a mmor ermit amendment or a ermit modificatio . The application shall 

'\. ___ .. // 

contain the necessary information required for an administrative permit amendment, minor • 

=it runondmont o' ennit modifiooti n' ) >I 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:32. Administrative permit amendment required. An administrative permit 

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

An application for an administrative permit amendment shall contain a description of the change 

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

permit amendment. 

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

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

Law Implemented: SDCL 34A-l-21. 

74:36:05:38. Department deadline to approve minor permit amendment. +he 

department may Hot is sao a fiHal miHor poFHl:it amendment wtil after EPA's 4 5 day rO'iiow or 

l:lfltil EPA, has aotifiod tho departrflent iliat EPA will aot obj est to ilio issaaaeo of tho miHor 

poFHl:it amoadmeat. The department shall take the following final action on a proposed minor 

• 

74 
• permit amendment within 90 days after receipt of a complete application for a minor permit 

amendment or 15 days after the end of EPA's 45-day review period, whichever is later: 

(1) Issue the minor permit amendment as proposed; 

(2) Deny the minor permit amendment application; 

(3) Determine that the requested minor permit amendment should be processed as a permit 

modification; or 

(4) Revise the proposed minor permit amendment and transmit the revised amendment to 

EPA. 

The department is not required to public notice a minor permit amendment; but the final 

• permit decision for a minor permit amendment must be submitted to EPA for a 45-day review. 

The department may not issue a final permit for a minor permit amendment until after EPA's 45-

day review or until EPA has notified the department that EPA will not object to the issuance of 

the minor permit amendment. The source may implement a proposed revision that is considered 

a minor permit amendment seven days after submitting a complete application. 

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

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:41. 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 

75 
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 April 22, 1993. 

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, • 

moaifieatiofl revision, or revocation and reissuance. 

Source: 19 SDR 157, effective April22, 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, moaifieatiofl revision, or 

revocation and reissuance of the permit by EPA after the permittee receives 30 days written 

• 

76 
• 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 April22, 1993. 

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

Law Implemented: SDCL 34A-l-21. 

74:36:05:46. Permit termination, modification, revocation, and reissuance by 

department. The department shall may terminate, moaify 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 April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

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 

77 
(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 

~ construcdr 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-I-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. 

CHAPTER 74:36:07 

NEWSOURCEPERFORMANCESTANDARDS 

Section • 

78 
• 

• 

• 

74:36:07:01 

74:36:07:02 

74:36:07:03 

74:36:07:04 

74:36:07:05 

74:36:07:06 

New source performance standards. 

Standards of performance for fossil fuel-fired steam generators. 

Standards of performance for electric utility steam generators. 

Standards of performance for industrial, commercial, and institutional steam 

generating units. 

Standards of performance for small industrial, commercial, and institutional 

steam generating units. 

Standards of performance for incinerators. 

74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators 

constructed on or before June 20, 1996. 

74:36:07:06.02 Standards of performance for hospital/medical/infectious waste incinerators for 

which construction is commenced after June 20, 1996. 

74:36:07:07 Standards of performance for municipal waste combustors. 

74:36:07:07.01 Standards of performance for municipal combustors constructed after September 

20, 1994. 

74:36:07:08 

74:36:07:09 

74:36:07:10 

74:36:07:11 

74:36:07:12 

74:36:07:13 

Ash disposal requirements. 

Standards of performance for portland cement plants. 

Standards of performance for asphalt concrete plants. 

Repealed. 

Standards of performance for storage vessels of petroleum liquids constructed 

after June 11, 1973, and before May 19, 1978. 

Standards of performance for storage vessels of petroleum liquids constructed 

after May 18, 1978, and before July 24, 1984. 

79 
74:36:07:14 

74:36:07:15 

74:36:07:16 

74:36:07:17 

74:36:07:18 

74:36:07:19 

74:36:07:20 

74:36:07:21 

74:36:07:22 

Standards of performance for volatile organic liquid storage vessels (including 

petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984. 

Standards of performance for sewage treatment plants. 

Standards of performance for coal preparation plants. 

Standards of performance for grain elevators. 

Standards of performance for stationary gas turbines. 

Standards of performance for lime manufacturing plants. 

Standards of performance for metallic mineral processing plants. 

Standards of performance for pressure-sensitive tape and label surface coating 

operations. 

Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry. 

74:36:07:22.01 Standards of performance for equipment leaks of VOC in the svnthetic organic 

74:36:07:23 

74:36:07:24 

74:36:07:25 

74:36:07:26 

74:36:07:27 

74:36:07:28 

chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006. 

Standards of performance for bulk gasoline terminals. 

Standards of performance for new residential wood heaters. 

Standards of performance for petroleum dry cleaners. 

Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations. 

Standards of performance for nonmetallic mineral processing plants. 

Standards of performance for magnetic tape coating facilities. 

80 

• 

• 

• 
• 

• 

• 

74:36:07:29 

74:36:07:30 

74:36:07:31 

74:36:07:32 

74:36:07:33 

74:36:07:34 

74:36:07:35 

74:36:07:36 

74:36:07:37 

74:36:07:38 

74:36:07:39 

74:36:07:40 

74:36:07:41 

74:36:07:42 

Operating requirements for wire reclamation furnaces. 

Monitoring requirements for wire reclamation furnaces. 

Standards of performance for graphic arts industry -- Publication rotogravure 

printing. 

Standards of performance for volatile organic compound emissions from 

synthetic organic chemical manufacturing industry (SOCMI) reactor 

processes. 

Standards of performance for calciners and dryers in mineral industries. 

Existing municipal solid waste landfill. 

Plan submittal by existing municipal solid waste landfills. 

Collection system . 

Control system. 

Compliance schedule for existing municipal solid waste landfills. 

Existing municipal solid waste landfill operational standards for collection and 

control systems. 

Existing municipal solid waste landfill compliance provisions. 

Existing municipal solid waste landfill monitoring provisions. 

Existing municipal solid waste landfill reporting and recordkeeping. 

74:36:07:42.01 Additional reporting for existing municipal solid waste landfills. 

74:36:07:43 

74:36:07:44 

74:36:07:45 

74:36:07:46 

Standards of performance for new municipal solid waste landfills. 

Standards of performance for nitric acid plants. 

Standards of performance for sulfuric acid plants. 

Standards of performance for petroleum refineries. 

81 
74:36:07:46.01 Standards of performance for petroleum refineries for which construction, • 

74:36:07:47 

74:36:07:48 

74:36:07:49 

74:36:07:50 

74:36:07:51 

74:36:07:52 

74:36:07:53 

74:36:07:54 

74:36:07:55 

74:36:07:56 

74:36:07:57 

74:36:07:58 

74:36:07:59 

74:36:07:60 

74:36:07:61 

74:36:07:62 

74:36:07:63 

reconstruction, or modification commenced after May 14,2007. 

Standards of performance for secondary lead smelters. 

Standards of performance for secondary brass and bronze production plants. 

Standards of performance for primary emissions from basic oxygen process 

furnaces for which construction commenced after June 11, 1973. 

Standards of performance for secondary emissions from basic oxygen process 

steelmaking facilities for which construction commenced after January 20, 

1983. 

Standards of performance for primary copper smelter. 

Standards of performance for primary zinc smelter. 

Standards of performance for primary lead smelter. 

Standards of performance for primary aluminum reduction plant. 

Standards of performance for wet-process phosphoric acid plant. 

Standards of performance for superphosphoric acid plant. 

Standards of performance for diammonium phosphate plant. 

Standards of performance for triple superphosphate plant. 

Standards of performance for granular triple superphosphate storage facility. 

Standards of performance for ferroalloy production plant. 

Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. 

Standards of performance for kraft pulp mills. 

Standards of performance for glass manufacturing plant. 

82 

• 

• 
• 

• 

• 

74:36:07:64 

74:36:07:65 

74:36:07:66 

74:36:07:67 

74:36:07:68 

74:36:07:69 

74:36:07:70 

74:36:07:71 

74:36:07:72 

74:36:07:73 

74:36:07:74 

74:36:07:75 

74:36:07:76 

Standards of performance for surface coating of metal furniture. 

Standards of performance for lead-acid battery manufacturing plant. 

Standards of performance for automobile and light duty truck surface coating 

operations. 

Standards of performance for phosphate rock plants. 

Standards of performance for ammonium sulfate manufacture. 

Standards of performance for industrial surface coating -- Large appliances. 

Standards of performance for metal coil surface coating. 

Standards of performance for asphalt processing and asphalt roofing 

manufacture. 

Standards of performance for beverage can surface coating indu 

Standards of performance for rubber tire manufacturi 

Standards of performance for volatile 

polymer manufacturing industry. 

Standards of performance for flexible vinyl and urethane coating and printing. 

Standards of performance for equipment leaks ofVOC in petroleum refineries. 

74:36:07:76.01 Standards of performance for equipment leaks ofVOC in petroleum refineries. 

74:36:07:77 

74:36:07:78 

74:36:07:79 

74:36:07:80 

Standards of performance for synthetic fiber production facility. 

Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry air oxidation unit process. 

Standards of performance for equipment leaks ofVOC from onshore natural gas 

processing plant. 

Standards of performance for onshore natural gas processing. 

83 
74:36:07:81 

74:36:07:82 

74:36:07:83 

74:36:07:84 

74:36:07:85 

74:36:07:86 

74:36:07:87 

74:36:07:88 

74:36:07:89 

74:36:07:90 

Standards of performance for wool fiberglass insulation manufacturing plant. 

Standards of performance for VOC emissions from petroleum refinery 

wastewater system. 

Standards of performance for industrial surface coating -- Surface coating of 

plastic parts for business machines. 

Standards of performance for polymeric coating of supporting substrates facility. 

Standards of performance for small municipal waste combustion units for which 

construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001. 

Standards of performance for commercial and industrial solid waste incineration 

units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001. 

Standards of performance for other solid waste incineration units for which 

construction commenced after December 9, 2004, or modification or 

reconstruction commenced on or after June 16,2006. 

Standards of performance for stationary compression ignition internal 

combustion engines. 

Standards of performance for stationary combustion turbines. 

Standards of performance for stationary spark ignition internal combustion 

engines. 

84 

• 

• 

• 
• 74:36:07:01. New source performance standards. The general provisions for new 

source performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, (Jlily 1, 2006 

July I, 2009). For the purposes of this chapter, "administrator" means the secretary ef..-the 

~j ~ derartment, except for those authorities .wffi4~ot be delegated to the state, in which case 

"administrator" means both the administrator of the Environmental Protection Agency and the 

secretary oHhe derartment. 

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:08:43, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 

• 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The 

standards of performance for fossil fuel-fired steam generators are those in 40 C.F.R. §§ 60.40 to 

60.46, inclusive, (Jlily 1, 2006 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:09:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

• January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

85 
2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR • 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

standards of performance for electric utility steam generators are those in 40 C.F.R. §§ 60.40Da 

to 60.49Da, inclusive, (J\*ly 1, 2QQ6 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:10:15, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, • 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:04. Standards of performance for industrial, commercial, and institutional 

steam generating units. The standards of performance for industrial, commercial, and 

institutional steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (J1olly 1, 

:2006 July 1, 2009). 

• 

86 
• 

• 

• 

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:24:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:05. Standards of performance for small industrial, commercial, and 

institutional steam generating units. The standards of performance for small industrial, 

commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40c to 60.48c, 

still meet the a licable 

Source: 19 SDR 157, effective Apri122, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

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

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

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

87 
74:36:07:06. Standards of performance for incinerators. The standards of performance • 

for incinerators are those in 40 C.P.R. §§ 60.50 to 60.54, inclusive, (Ally 1, 2006 July I, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from§ 74:26:11:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste • 

incinerators constructed on or before June 20, 1996. 40 C.P.R. Part 60, Subpart Ce (July 1, 

2006 July 1, 2009), is incorporated into this rule by reference. Designated facilities under tlris-

~l ~ shall comply with the requirements for state plan approval in 40 C.P.R. §§ 60.32e to 

60.38e, inclusive, (Jaly 1, 2006 July 1, 2009). 

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to cease operation shall notify the department within six 

months of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. 

The written notification shall inform the department of when the unit will be shutdown. The 

• 

88 
• shutdown date may not exceed one year after EPA's approval of the state plan for 

hospital/medical/infectious waste incinerators. 

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to comply with the requirements of this section shall submit a 

compliance plan within six months of state plan approval that meets the following deadlines: 

(1) Submit a Part 70 operating permit application and design drawings of the air pollution 

control device to the department within one year of state plan approval; 

(2) Submit a copy of the purchase order or other documentation indicating an order has 

• been placed for the major components of the air pollution control device within 15 months of 

state plan approval; 

(3) Begin initiation of site preparation for installation of the air pollution control device 

within 2 years after state plan approval; 

( 4) Complete installation of the air pollution control device within 30 months after state 

plan approval; and 

(5) Conduct a performance test within 33 months after state plan approval. 

• 

89 
The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (Jaly 1, 2006 • 

July 1, 2009) within one year after state plan approval. The owner or operator shall comply with 

the remaining requirements in this section within three years after state plan approval or by 

September 15,2002, whichever is earlier. 

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:06.02. Standards of performance for hospital/medical/infectious waste • 

incinerators for which construction is commenced after June 20, 1996. The standards of 

performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, 

are those in 40 C.F.R. §§ 60.50c to 60.58c (Jaly 1, 200e July l, 2009). 

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

90 
• 

• 

• 

74:36:07:07. Standards of performance for municipal waste combustors. The 

standards of performance for municipal waste combustors are those in 40 C.P.R. §§ 60.50a to 

60.59a, inclusive, (Jlily 1, 2009 July 1, 2009). 

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 

18 SDR 90, effective November 24, 1991; transferred from§ 74:26:26:01, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 

101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 

13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

74:36:07:07.01. Standards of performance for municipal combustors constructed 

after September 20, 1994. The standards of performance for municipal waste combustors 

constructed after September 20, 1994, or modified or reconstructed after June 19, 1996, are those 

in 40 C.F.R. §§ 60.50b to 60.59b, inclusive, {Jlily 1, 2009 July 1, 2009). 

Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007 . 

General Authority: SDCL 34A-1-6. 

91 
Law Implemented: SDCL 34A-1-18. 

74:36:07:09. Standards of performance for portland cement plants. The standards of 

performance for portland cement plants are those in 40 C.P.R. §§ 60.60 to 60.66, inclusive, (.fuly 

I, 2009 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:12:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:10. Standards of performance for asphalt concrete plants. The standards of 

performance for asphalt concrete plants are those in 40 C.P.R. §§ 60.90 to 60.93, inclusive, (.fuly 

1, 2009 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:13:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

92 

• 

• 

• 
• 

• 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:12. Standards of performance for storage vessels of petroleum liquids 

constructed after June 11, 1973, and before May 19, 1978. The standards ofperfonnance for 

storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978, 

are those in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2006 July 1, 2009). A source that 

Exem ted sources must still meet the a 

~{~Ju~ly~1,~2~00~9~)·~------------------------------------------------~~ 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:14:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:13. Standards of performance for storage vessels of petroleum liquids 

• constructed after May 18, 1978, and before July 24, 1984. The standards of perfonnance for 

93 
storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984, • 

are those in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009 July 1, 2009). A source 

~.115a (July 1, 2~0~=)·~------------------

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:20:19, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, • 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:14. Standards of performance for volatile organic liquid storage vessels 

(including petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984. The standards of performance for volatile 

organic liquid storage vessels (including petroleum liquid storage vessels) for which 

construction, reconstruction, or modification commenced after July 23, 1984, are those in 0 

ermit if -k. 

94 
-3; 

• the unit is not reguired to install controls and prg%ded the source is not reguired ~tain a Part ~ 

• 

• 

sources must still meet the a 

L~~)·-----=====~------------~-----

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:25:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

74:36:07:15. Standards of performance for sewage treatment plants. The standards of 

performance for sewage treatment plants are those in 40 C.P.R. §§ 60.150 to 60.156, inclusive, 

(July 1, 2009 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from§ 74:26:15:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007 . 

General Authority: SDCL 34A-1-6. 

95 

* ) 

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

74:36:07:16. Standards of performance for coal preparation plants. The standards of 

performance for coal preparation plants are those in 40 C.P.R. §§ 60.250 to 60.254, inclusive, 

(J1:1ly 1, 2006 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:16:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:17. Standards of performance for grain elevators. The standards of 

performance for grain elevators are those · C.P.R. §§ 60.300 to 60.304, inclusive, (J1:1ly 1, 

ermit for a :1 

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

• 

• 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:17:06, 19 SDR 157, • 

96 
• effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:18. Standards of performance for stationary gas turbines. The standards of 

performance for stationary gas turbines are those in 40 C.F.R. §§ 60.330 to 60.335, inclusive, 

(July 1, 2006 July I, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

• 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:19:07, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

• 

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:19. Standards of performance for lime manufacturing plants. The standards 

of performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, 

inclusive, (July 1, 2006 July 1, 2009) . 

97 
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; • 

transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:20. Standards of performance for metallic mineral processing plants. The 

standards of performance for metallic mineral processing plants are those in 40 C.F.R. §§ 60.380 

to 60.386, inclusive, (July 1, 2006 July l, 2009). 

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

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

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:21. Standards of performance for pressure-sensitive tape and label surface 

coating operations. The standards of performance for pressure-sensitive tape and label surface 

98 

• 

• 
• coating operations are those in 40 C.P.R. §§ 60.440 to 60.447, inclusive, (July 1, 2006 July 1, 

2009). 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic 

• organic chemicals manufacturing industry. The standards of performance for equipment leaks 

of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.P.R. 

• 

§§ 60.480 to 60.489, inclusive, (July 1, 2006 July 1, 2009). 

Source: 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; 33 SDR217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

99 
74:36:07:22.01. Standards of performance for equipment leaks of VOC in the • 

synthetic organic chemicals manufacturing industry for which construction, 

reconstruction, or modification commenced after November 7, 2006. The standards of 

performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing 

indust 

\ 

Source: \~ 

""' General Authority: SDCi:'S. 

Law Implemented: SDCL 34A-1-18. 

or modification commenced after November 7 

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of • 

performance for bulk gasoline terminals are those in 40 C.F.R. §§ 60.500 to 60.506, inclusive, 

(J~ly 1, 2006 July 1, 2009). 

Source: 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; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

100 
• 74:36:07:24. Standards of performance for new residential wood heaters. The 

standards of performance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 

60.539b, inclusive, (JHly 1, 2006 July 1, 2009). 

Source: 19 SDR 157, effective April22, I993; 2I SDR II9, effective January 5, I995; 23 

SDR I06, effective December 29, I996; 26 SDR I68, effective June 27, 2000; 30 SDR 26, 

effective September I, 2003; 31 SDR I01, effective January 2, 2005; 32 SDR 209, effective June 

I3, 2006; 33 SDR 2I7, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-I-I8 . 

• 74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of 

performance for petroleum dry cleaners are those in 40 C.F.R. ~ §§ 60.620 to 60.625, inclusive, 

Source: I9 SDR I 57, effective April22, 1993; 2I SDR 119, effective January 5, I995; 23 

SDR I06, effective December 29, I996; 30 SDR 26, effective September I, 2003; 31 SDR IOI, 

effective January 2, 2005; 32 SDR 209, effective June I3, 2006; 33 SDR 217, effective June I3, 

2007 . 

• General Authority: SDCL 34A-I-6. 

101 
Law Implemented: SDCL 34A-1-18. • 

74:36:07:26. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry (SOCMI) distillation operations. The standards of 

performance for VOC emissions from synthetic organic chemical manufacturing industry 

(SOCMI) distillation operations are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, (July 1, 

~ July 1, 2009). 

Source: 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; 33 SDR 217, effective June 13,2007. • 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:27. Standards of performance for nonmetallic mineral processing plants. 

The standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. 

§§ 60.670 to 60.676, inclusive, (July 1, 2006 July 1, 2009). 

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:23:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, • 

102 
• 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:28. Standards of performance for magnetic tape coating facilities. The 

standards of performance for magnetic tape coating facilities are those in 40 C.F.R. §§ 60.710 to 

60.718, inclusive, (July 1, 2006 July 1, 2009). 

Source: 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; 33 SDR 217, effective June 13, 2007. 

• 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

rotogravure printing. The standards of performance for publication rotogravure printing in the 

graphic arts industry are those in 40 C.F.R. §§ 60.430 to 60.435, inclusive, (July 1, 2006 July l, 

2009) . 

103 
Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, • 

1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:32. Standards of performance for volatile organic compound emissions 

from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The 

standards of performance for volatile organic compound emissions from synthetic organic 

chemical manufacturing industry reactor processes are those in 40 C.P.R. §§ 60.700 to 60.707, 

inclusive, (July 1, 2006 July l, 2009). 

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; • 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:33. Standards of performance for calciners and dryers in mineral 

industries. The standards of performance for calciners and dryers in mineral industries are those 

in 40 C.P.R.§§ 60.730 to 60.736, inclusive, (July 1, 2006 July l, 2009). 

• 

104 
• Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an 

existing municipal solid waste landfill that meets the following conditions shall comply with 

§§ 74:36:07:35 to 74:36:07:42, inclusive: 

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional 

• design capacity available for future waste deposition; 

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 

2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or cubic 

meters. Density conversions must be documented and submitted with the report; and 

(3) The landfill has a nonmethane organic compound emission rate of 50 megagrams a year 

or more. The calculation of the landfill nonmethane organic compound emission rate must meet 

the requirements of 40 C.P.R. § 60.754 (Jl:lly 1, 2006 July 1, 2009), to determine the landfill 

nonmethane organic compound emission rate . 

• 

105 
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; • 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:36. Collection system. The department shall approve the collection and control 

system plan if it is equivalent to or meets the conditions provided in 40 C.P.R. § 60. 752(b )(2)(ii) 

(July 1, 2006 July l, 2009), and the control requirements in§ 74:36:07:37. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; • 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:37. Control system. The department shall approve the control system if it is 

equivalent to or meets one ofthe following requirements: 

(1) An open flare designed and operated in accordance with the parameters established in 

40 C.F.R. § 60.18 (July 1, 2006 July l, 2009); • 

106 
• 

• 

• 

(2) A control system designed and operated to reduce nonmethane organic compounds by 

98 percent by weight; or 

(3) An enclosed combustor designed and operated to either reduce nonmethane organic 

compounds by 98 percent by weight or the outlet nonmethane organic compound concentration 

to 20 parts per million as hexane by volume, dry basis at three percent oxygen, or less. 

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:39. Existing municipal solid waste landfill operational standards for 

collection and control systems. The owner or operator of an existing municipal solid waste 

landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for 

collection and control systems in 40 C.F.R. § 60.753 (hily 1, 2006 July 1, 2009). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

107 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. § 60.755 (July 1, 2006 July l, 

2009). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:41. Existing municipal solid waste landf"ill monitoring provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the monitoring provisions in 40 C.F.R. § 60.756 (J-aly 1, 2006 July 1, 

2009). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

108 

• 

• 

• 
• effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping. 

The owner or operator of an existing municipal solid waste landfill that meets the requirements 

of§ 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.P.R. 

§§ 60.757 and 60.758 (July 1, 2006 July 1, 2009). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

• 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound 

emission rate report within 90 days of the effective date of EPA's approval of the state's § 111 (d) 

plan required in the Clean Air Act and annually or every five years thereafter in accordance with 

• 40 C.P.R.§ 60.757(b) (July 1, 2006 July 1, 2009). 

109 
Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 

74:36:07:43. Standards of performance for new municipal solid waste landf"Ills. The 

standards of performance for municipal solid waste landfills that commenced construction, 

reconstruction, or modification on or after May 29, 1991, are those in 40 C.F.R. §§ 60.751 to 

60.759, inclusive, (laly 1, 2006 July l, 2009). Physical or operational changes made to existing 

• 

municipal solid waste landfills solely to comply with §§ 74:36:07:34 to 74:36:07:42, inclusive, • 

or activities required by or conducted pursuant to a CERCLA, RCRA, or state remedial action 

are not considered construction, reconstruction, or modification for purposes of this section. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

110 
• 74:36:07:44. Standards of performance for nitric acid plants. The standards of 

performance for nitric acid plants are those in 40 C.P.R. §§ 60.70 to 60.74, inclusive, (July 1, 

~ July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:45. Standards of performance for sulfuric acid plants. The standards of 

performance for sulfuric acid plants are those in 40 C.P.R.§§ 60.80 to 60.85, inclusive, (July 1, 

~ July I, 2009) . 

• Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:46. Standards of performance for petroleum refmeries. The standards of 

performance for petroleum refineries are those in 40 C.P.R.§§ 60.100 to 60.108, inclusive, (My 

1, 200e July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

' 

General Authority: SDCL 34A-l-6 . 

• Law Implemented: SDCL 34A-l-18. 

111 
74:36:07:46.01. Standards of performance for petroleum refmeries for which 

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

of performance for petroleum refineries for which construction, reconstruction, or modification 

commenced after May 14,2007, are those in 40 C.P.R.§ 60, Subpart Ja, (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:47. Standards of performance for secondary lead smelters. The standards of 

performance for secondary lead smelters are those in 40 C.P.R. §§ 60.120 to 60.123, inclusive, 

(July 1, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:48. Standards of performance for secondary brass and bronze production 

plants. The standards of performance for secondary brass and bronze production plants are those 

in 40 C.F.R. §§ 60.130 to 60.133, inclusive, (July 1, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

112 

• 

• 

• 
• 

• 

• 

Law Implemented: SDCL 34A-l-18. 

74:36:07:49. Standards of performance for primary emissions from basic oxygen 

process furnaces for which construction commenced after June 11, 1973. The standards of 

performance for basic oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144, 

inclusive, (JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:07:50. Standards of performance for secondary emissions from basic oxygen 

process steelmaking facilities for which construction commenced after January 20, 1983. 

The standards of performance for basic oxygen process steelmaking facilities are those in 40 

C.F.R. §§ 60.140a to 60.145a, inclusive, (JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:51. Standards of performance for primary copper smelter. The standards of 

performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, 

(JHly 1, 2006 July 1, 2009). 

113 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:52. Standards of performance for primary zinc smelter. The standards of 

performance for primary zinc smelters are those in 40 C.F.R. §§ 60.170 to 60.176, inclusive, 

(JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:53. Standards of performance for primary lead smelter. The standards of 

performance for primary lead smelters are those in 40 C.F.R. §§ 60.180 to 60.186, inclusive, 

(fuly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

114 

• 

• 

• 
• 

• 

• 

74:36:07:54. Standards of performance for primary aluminum reduction plant. The 

standards of performance for primary aluminum reduction plants are those in 40 C.F.R. 

§§ 60.190 to 60.195, inclusive, (July 1, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The 

standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. 

§§ 60.200 to 60.204, inclusive, (July 1, 2006 July l, 2009) . 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:56. Standards of performance for superphosphoric acid plant. The standards 

of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 60.210 to 60.214, 

inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

115 
74:36:07:57. Standards of performance for diammonium phosphate plant. The 

standards of performance for diammonium phosphate plants are those in 40 C.P.R. §§ 60.220 to 

60.224, inclusive, (Jffiy 1, 2006 July 1. 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:58. Standards of performance for triple superphosphate plant. The 

standards of performance for triple superphosphate plants are those in 40 C.F.R. §§ 60.230 to 

• 

60.234, inclusive, (fuly 1, 2006 July 1, 2009). • 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:59. Standards of performance for granular triple superphosphate storage 

facility. The standards of performance for granular triple superphosphate storage facilities are 

those in 40 C.F.R. §§ 60.240 to 60.244, inclusive, (Jffiy 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

116 

• 
• Law Implemented: SDCL 34A-I-18. 

74:36:07:60. Standards of performance for ferroalloy production plant. The standards 

of performance for ferroalloy production plants are those in 40 C.P.R. §§ 60.260 to 60.266, 

inclusive, (Jt!ly 1, 2QQe July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-I-18. 

74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen 

• decarburization vessels constructed after August 17, 1983. The standards of performance for 

electric arc furnaces and argon-oxygen decarburization vessels are those in 40 C.P.R. §§ 60.270a 

• 

to 60.276a, inclusive, (Jtdy 1, 2QQ6 July l, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:62. Standards of performance for kraft pulp mills. The standards of 

performance for kraft pulp mills are those in 40 C.P.R. §§ 60.280 to 60.285, inclusive, (July 1, 

2006 July I, 2009) . 

117 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:63. Standards of performance for glass manufacturing plant. The standards 

of performance for glass manufacturing plants are those in 40 C.P.R. §§ 60.290 to 60.296, 

inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:64. Standards of performance for surface coating of metal furniture. The 

standards of performance for surface coating of metal furniture are those in 40 C.F .R. § § 60.310 

to 60.316, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:65. Standards of performance for lead-acid battery manufacturing plant. 

The standards of performance for lead-acid battery manufacturing plants are those in 40 C.F .R . 

§§ 60.370 to 60.374, inclusive, (Jaly 1, 2006 July 1, 2009). 

118 

• 

• 

• 
• 

• 

• 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:66. Standards of performance for automobile and light duty truck surface 

coating operations. The standards of performance for automobile and light duty truck surface 

coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, (Jaly 1, 2006 July 1, 

2009). 

Source: 33 SDR 217, effective June 13, 2007 . 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:67. Standards of performance for phosphate rock plants. The standards of 

performance for phosphate rock plants are those in 40 C.F.R. §§ 60.400 to 60.404, inclusive, 

(Jaly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

119 
74:36:07:68. Standards of performance for ammonium sulfate manufacture. The • 

standards of performance for ammonium sulfate manufacture are those in 40 C.P.R.§§ 60.420 to 

60.424, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:69. Standards of performance for industrial surface coating -- Large 

appliances. The standards of performance for industrial surface coating of large appliances are 

those in 40 C.P.R. §§ 60.450 to 60.456, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:70. Standards of performance for metal coil surface coating. The standards 

of performance for metal coil surface coating are those in 40 C.P.R. §§ 60.460 to 60.466, 

inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

120 

• 

• 
• 74:36:07:71. Standards of performance for asphalt processing and asphalt roofmg 

manufacture. The standards of performance for asphalt processing and asphalt roofing 

manufacture are those in 40 C.P.R. §§ 60.470 to 60.474, inclusive, (Jl:lly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:72. Standards of performance for beverage can surface coating industry. 

The standards of performance for beverage can surface coating industry are those in 40 C.F.R. 

• §§ 60.490 to 60.496, inclusive, (July 1, 2006 July 1, 2009). 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The 

standards of performance for rubber tire manufacturing industry are those in 40 C.P.R. §§ 60.540 

to 60.548, inclusive, (July I, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007 . 

General Authority: SDCL 34A-1-6. 

121 
Law Implemented: SDCL 34A-l-18. 

74:36:07:74. Standards of performance for volatile organic compound emissions 

from polymer manufacturing industry. The standards of performance for polymer 

manufacturing industry are those in 40 C.P.R. §§ 60.560 to 60.566, inclusive, (Jaly 1, 2006 July 

l, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and • 

printing. The standards of performance for flexible vinyl and urethane coating and printing are 

those in 40 C.P.R.§§ 60.580 to 60.585, inclusive, (J11ly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum 

refmeries. The standards of performance for equipment leaks in petroleum refineries are those in 

40 C.P.R.§§ 60.590 to 60.593, inclusive, (Jlliy 1, 2006 July 1, 2009). 

122 

• 
• 

• 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum 

refmeries. The standards of performance for equipment leaks in petroleum refineries for which 

construction, reconstruction, or modification commenced after November 7, 2006, are those in 

40 C.P.R. § 60, Subpart GGGa, (July I, 2009). 

Source: 

General Authority: SDCL 34A-l-6 . 

Law Implemented: SDCL 34A-1-18. 

74:36:07:77. Standards of performance for synthetic fiber production facility. The 

standards of performance for synthetic fiber production facilities are those in 40 C.P.R. 

§§ 60.600 to 60.604, inclusive, (Jaly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:78. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry air oxidation unit process. The standards of performance 

123 
for synthetic organic chemical manufacturing industry air oxidation unit processes are those in 40 

C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:79. Standards of performance for equipment leaks of VOC from onshore 

natural gas processing plant. The standards of performance for equipment leaks from onshore 

natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (July I, 2009 

July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:80. Standards of performance for onshore natural gas processing. The 

standards of performance for onshore natural gas processing are those in 40 C.F.R. §§ 60.640 to 

60.648, inclusive, (July I, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

124 

• 

• 

• 
• 74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing 

plant. The standards of performance for wool fiberglass insulation manufacturing plants are 

those in 40 C.P.R. §§ 60.680 to 60.685, inclusive, (Ally 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:82. Standards of performance for VOC emissions from petroleum refmery 

wastewater system. The standards of performance for petroleum refinery wastewater systems 

• are those in 40 C.P.R. §§ 60.690 to 60.699, inclusive, (Jtlly 1, 2006 July 1, 2009). 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:83. Standards of performance for industrial surface coating -- Surface 

coating of plastic parts for business machines. The standards of performance for the surface 

coating of plastic parts for business machines are those in 40 C.F.R. §§ 60.720 to 60.726, 

inclusive, (July 1, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

125 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:84. Standards of performance for polymeric coating of supporting 

substrates facility. The standards of performance for polymeric coating of supporting substrates 

facilities are those in 40 C.P.R.§§ 60.740 to 60.748, inclusive, (July 1, 2006 July 1,2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

74:36:07:85. Standards of performance for small municipal waste combustion units • 

for which construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001. The standards of performance for small 

municipal waste combustion units are those in 40 C.P.R. § 60, Subpart AAAA (J1:1ly 1, 2006 July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:86. Standards of performance for commercial or industrial solid waste 

incineration units for which construction commenced after November 30, 1999, or 

126 

• 
• modification or reconstruction commenced on or after June 1, 2001. The standards of 

performance for commercial solid waste incineration units are those in 40 C.F .R. § 60, Subpart 

· ecce (July 1, 1006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:87. Standards of performance for other solid waste incineration units for 

which construction commenced after December 9, 2004, or modification or reconstruction 

commenced on or after June 16, 2006. The standards of performance for other solid waste 

• incineration units are those in 40 C.F.R. § 60, Subpart EEEE (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:88. Standards of performance for stationary compression ignition internal 

combustion engines. The standards of performance for stationary compression ignition internal 

ermit for a reason other than ..{ 

shwd- T 11 r: 

127 
.L :r:- .:t ']::.. ']_ 

~·"" 

""'th~e'---"'so""ur=c=-e___,i"'"s-=su=>b'-'-.e"'c:..:.t_t""o>17"""·"'""'s""u"~'':]~a-"'.,_~E"'x,em=""te::o:d'----"s,_ou""r""c""es"---"m""'u"'s""t-'s""tt""'·n~m""e,_,e"'t-'t""h~e-a=..'""h'-"'c=ab""'l""e *e 

requi<emenu. in ~~J!,UulfflZOOOlc 0J TTfT • ) 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:89. Standards of performance for stationary combustion turbines. The 

standards of performance for stationary combustion turbines are those in 40 C.F.R. §§ 60.4300 to 

60.4420, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. • 

Law Implemented: SDCL 34A-1-18. 

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

Exem ted sources must still meet the 

• 

128 
• 

• 

• 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

CHAPTER 74:36:08 

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

Section 

74:36:08:00 

74:36:08:01 

74:36:08:02 

Administrator defined. 

General provisions -- National emission standards for hazardous air pollutants. 

Emission standards for asbestos air pollutants. 

74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) ofbenzene. 

74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels. 

74:36:08:02.03 Emission standards for benzene emissions from benzene transfer operations. 

74:36:08:02.04 Emission standards for benzene waste operations. 

74:36:08:03 General provisions -- National emission standards for hazardous air pollutants 

for source categories. 

74:36:08:03.01 Requirements for control technology determinations for major sources in 

accordance with Clean Air Act sections 112(g) and 112(j). 

74:36:08:04 National perchloroethylene air emission standards for dry cleaning facilities. 

129 
74:36:08:05 

74:36:08:06 

74:36:08:07 

74:36:08:08 

74:36:08:09 

74:36:08:10 

74:36:08:11 

74:36:08:12 

74:36:08:13 

74:36:08:14 

74:36:08:15 

74:36:08:16 

74:36:08:17 

74:36:08:18 

74:36:08:19 

National emission standards for organtc hazardous atr pollutants from the 

synthetic organic chemical manufacturing industry. 

National emission standards for organic hazardous air pollutants from synthetic 

organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater. 

National emission standards for organic hazardous air pollutants for equipment 

leaks. 

National emission standards for organic hazardous air pollutants for certain 

processes subject to negotiated regulations for equipment leaks. 

National emission standards for chromium emissions from hard and decorative 

chromium electroplating and chromium anodizing tanks. 

National emission standards for ethylene oxide emissions from sterilization 

facilities. 

National emission standards for industrial process cooling towers. 

National emission standards for gasoline distribution facilities (bulk gasoline 

terminals and pipeline breakout stations). 

National emission standards for halogenated solvent cleaning. 

National emission standards for wood furniture manufacturing operations. 

National emission standards for aerospace manufacturing. 

National emission standards for tanks. 

National emission standards for containers. 

National emission standards for surface impoundments. 

National emission standards for individual drain systems. 

130 

• 

• 

• 
• 

• 

• 

74:36:08:20 National emission standards for oil-water separators and organic-water 

separators. 

74:36:08:20.01 National emission standards for closed vent systems, control devices, recovery 

devices, and routing to a fuel gas system or a process. 

74:36:08:20.02 National emission standards for equipment leaks. 

74:36:08:21 

74:36:08:22 

74:36:08:23 

74:36:08:24 

74:36:08:25 

74:36:08:26 

74:36:08:27 

74:36:08:28 

74:36:08:29 

74:36:08:30 

74:36:08:31 

74:36:08:32 

facilities. 

74:36:08:33 

manufacturing . 

National emission standards for hazardous air pollutants from the portland 

cement manufacturing industry. 

National emission standards for hazardous air pollutants for pesticide active 

ingredient production. 

National emission standards for the printing and publishing industry. 

National emission standards for oil and natural gas production facilities. 

National emission standards for natural gas transmission and storage facilities. 

National emission standards for secondary aluminum production. 

National emission standards for publicly owned treatment works. 

National emission standards for solvent extraction for vegetable oil production. 

National emission standards for paper and other web coating. 

National emission standards for municipal solid waste landfills. 

National emission standards for surface coating of metal furniture. 

National emission standards for integrated iron and steel manufacturing 

National emission standards for brick and structural clay products 

131 
74:36:08:34 

74:36:08:35 

operations. 

74:36:08:36 

74:36:08:37 

74:36:08:38 

74:36:08:39 

74:36:08:40 

74:36:08:41 

74:36:08:42 

74:36:08:43 

74:36:08:44 

74:36:08:45 

74:36:08:46 

74:36:08:47 

74:36:08:48 

74:36:08:49 

74:36:08:50 

National emission standards for asphalt processing and asphalt roofing 

manufacturing. 

National emission standards for flexible polyurethane foam fabrication 

National emission standards for engine test cells/stands. 

National emission standards for surface coating of miscellaneous metal parts and 

products. 

National emission standards for reinforced plastic composites production. 

National emission standards for stationary combustion turbines. 

National emission standards for stationary reciprocating internal combustion 

engines. 

National emission standards for industrial, commercial, and institutional boilers 

and process heaters. 

National emission standards for polyvinyl chloride and copolymers production. 

National emission standards for coke oven batteries. 

National emission standards for pulp and paper industry. 

National emission standards for group I polymers and resins. 

National emission standards for epoxy resins production and non-nylon 

polyamides production. 

National emission standards for secondary lead smelting. 

National emission standards for phosphoric acid manufacturing plants. 

National emission standards for phosphate fertilizers production plants. 

National emission standards for petroleum refineries. 

132 

• 

• 

• 
• 

• 

• 

74:36:08:51 

74:36:08:52 

74:36:08:53 

74:36:08:54 

74:36:08:55 

74:36:08:56 

74:36:08:57 

74:36:08:58 

74:36:08:59 

74:36:08:60 

74:36:08:61 

74:36:08:62 

74:36:08:63 

74:36:08:64 

74:36:08:65 

74:36:08:66 

74:36:08:67 

74:36:08:68 

National emission standards for off-site waste and recovery operations. 

National emission standards for magnetic tape manufacturing operations. 

National emission standards for primary aluminum reduction plants. 

National emission standards for chemical recovery combustion sources at kraft, 

soda, sulfite, and stand-alone semi chemical pulp mills. 

National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations. 

Generic maximum achievable control technology standards. 

National emission standards for steel pickling -- HC1 process facilities and 

hydrochloric acid regeneration plants. 

National emission standards for mineral wool production. 

National emission standards for hazardous waste combustors. 

National emission standards for pharmaceutical production. 

National emission standards for group IV polymers and resins. 

National emission standards for wool fiberglass production. 

National emission standards for manufacture of amino/phenolic resins. 

National emission standards for polyether polyols production. 

National emission standards for primary copper smelting. 

National emission standards for primary lead smelting. 

National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units. 

National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese. 

133 
74:36:08:69 

74:36:08:70 

74:36:08:71 

74:36:08:72 

74:36:08:73 

74:36:08:74 

74:36:08:75 

74:36:08:76 

74:36:08:77 

74:36:08:78 

74:36:08:79 

74:36:08:80 

74:36:08:81 

74:36:08:82 

74:36:08:83 

74:36:08:84 

74:36:08:85 

74:36:08:86 

74:36:08:87 

74:36:08:88 

National emission standards for the manufacture of nutritional yeast. 

National emission standards for plywood and composite wood products. 

National emission standards for non-gasoline organic liquids distribution. 

National emission standards for miscellaneous organic chemical manufacturing. 

National emission standards for wet-formed fiberglass mat production. 

National emission standards for surface coating of automobiles and light duty 

trucks. 

National emission standards for surface coating of metal cans. 

National emission standards for surface coating oflarge appliances. 

National emission standards for printing, coating, and dyeing of fabrics and 

other textiles. 

National emission standards for surface coating of plastic parts and products. 

National emission standards for surface coating of wood building products. 

National emission standards for surface coating of metal coil. 

National emission standards for leather finishing operations. 

National emission standards for cellulose products manufacturing. 

National emission standards for boat manufacturing. 

National emission standards for rubber tire manufacturing. 

National emission standards for lime manufacturing plants. 

National emission standards for semiconductor manufacturing. 

National emission standards for coke ovens -- Pushing, quenching, and battery 

stacks. 

National emission standards for iron and steel foundries. 

134 

• 

• 

• 
• 

• 

• 

National emission standards for site remediation. 

National emission standards for miscellaneous coating manufacturing. 

National emission standards for mercury cell chlor-alkali plants. 

National emission standards for clay ceramics manufacturing. 

74:36:08:89 

74:36:08:90 

74:36:08:91 

74:36:08:92 

74:36:08:93 National emission standards for flexible polyurethane foam fabrieatien 

eperatieRs production. 

National emission standards for hydrochloric acid production. 

National emission standards for friction materials manufacturing facilities. 

National emission standards for taconite iron ore processing. 

National emission standards for refractory products manufacturing. 

National emission standards for primary magnesium refining. 

74:36:08:94 

74:36:08:95 

74:36:08:96 

74:36:08:97 

74:36:08:98 

74:36:08:99 National emission standards for polyvinyl chloride and copolymers production 

area sources. 

74:36:08:100 National emission standards for primary copper smelting area sources. 

74:36:08:101 National emission standards for secondary copper smelting area sources. 

74:36:08:102 National emission standards for primary nonferrous metals area sources-- Zinc, 

cadmium, and beryllium. 

74:36:08:103 National emission standards for hospital ethylene oxide sterilizers. 

74:36:08:104 National emission standards for electric arc furnace steelmaking facility area 

sources. 

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

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

and pipeline facilities. 

135 
74:36:08:107 National emission standards for gasoline dispensing facilities. 

74:36:08:I08 National emission standards for paint stripping and miscellaneous surface coating 

area sources. 

74:36:08:I09 National emission standards for acrylic and modacrylic fiber production area 

sources. 

74:36:08: II 0 National emission standards for carbon black production area sources. 

74:36:08:III National emission standards for chemical manufacturing area sources- chromium 

compounds. 

74:36:08:II2 National emission standards for flexible polyurethane foam production and 

fabrication area sources. 

7 4:36:08:113 National emission standards for lead acid battery manufacturing area sources . 

74:36:08:II4 National emission standards for wood preserving area sources. 

74:36:08:II5 National emission standards for clay ceramic manufacturing area sources. 

74:36:08:II6 National emission standards for glass manufacturing area sources. 

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

sources. 

74:36:08: II8 National emission standards for plating and polishing area sources. 

74:36:08:II9 National emission standards for nine metal fabrication and finishing area sources. 

74:36:08: I20 National emission standards for ferroalloys production area sources. 

74:36:08:I2I National emission standards for aluminum, copper, and other nonferrous foundry 

area sources. 

136 

• 

• 

• 
• 74:36:08:01. General provisions -- National emission standards for hazardous air 

pollutants. The general provisions for the national emission standards for hazardous air 

:anffi; ~7'~ 0(~'~: "::"~(July I, 200~ i 

Source: 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; 26 SDR 168, 

effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 

2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

• 74:36:08:02. Emission standards for asbestos air pollutants. The emission standards 

for asbestos air pollutants are those in 40 C.F:R. § 61, Subpart M (Jt1ly 1, 2006 July 1, 2009). 

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 

95, effective December 2, 1991; transferred from§ 74:26:22:02, 19 SDR 157, effective April22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective July 27, 2000; 30 SDR 26, effective 

September I, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 

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

• General Authority: SDCL 34A-l-6. 

137 
Law Implemented: SDCL 34A-1-6, 34A-l-19. • 

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources) 

of benzene. The emission standards for equipment leaks of benzene are those in 40 C.P.R. ;;/:. C9"""' •Lm, ;ae~.-,~ €JW¥ I, a"""!Ul~ (, I, S .,!ii--/)1 (16 I' , .. Q. 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.02. Emission standards for benzene emissions from benzene storage 

ission standards for benzene emissions from benzene stora e vessels are those in ;t. 

Source: 

General Authoritv: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer 

operations. The emission standards for benzene emissions from benzene transfer operations are 

i 

Source: • 

138 
• General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.04. Emission standards for benzene waste operations. The emission 

Subpart FF (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

• 74:36:08:03. General provisions -- National emission standards for hazardous air 

pollutants for source categories. The general provisions for the national emission standards for 

hazardous air pollutants for source categories are those in 40 C.P.R. Parts 63.1 to 63.15, 

-~~(JH!y,,,""'~ "(,3 sh""A c~ I I )-C'"P'1) ~ 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

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

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19 . 

• 

139 
74:36:08:03.01. Requirements for control technology determinations for major 

sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for 

control technology determinations for major sources in accordance with Clean Air Act sections 

112(g) and 112(j) are those in 40 C.F.R.-§i-93.40, 93.41, anEl93.42(e) to 93.59, iB:eklsi're;_j( 

~ (Jffiy 1' 2009 it%Pt-)A L 9 & 31 5 vf-RJ B c k ~ )-?>2?'1) • 

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

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

General Authority: SDCL 34A-1-6. 

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

74:36:08:04. National perchloroethylene air emission standards for dry cleaning 

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are 

those in 40 C.F.R. §§ 93.320 to 93.325, iB:elusi¥e;&~Jtl!t¢$;t'\M\(Jm) 1, 2r'Hl6 ~1/l~W®- X 

Dry eleaniB:g faeilities that are eoB:siElereEl area sourees are B:ot required to submit a Part 70 

operatiag permit applieatioB: until Deeem-ber 9, 2005. 1\n area souree must still meet the 

A source 

• 

• 
• Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

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

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. 

Cross-Reference: Complete application, § 74:36:05:09. 

74:36:08:05. National emission standards for organic hazardous air pollutants from 

the synthetic organic chemical manufacturing industry. The national emission standards for 

• organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are 

those in 40 C.F.R. § 63, Subpart F (Jaly 1, 2006 July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

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

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. 

74:36:08:06. National emission standards for organic hazardous air pollutants from 

• synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

141 
operations, and wastewater. The national emission standards for organic hazardous air 

pollutants from synthetic organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater are those in 40 C.P.R. § 63, Subpart G (July 1, 2009 July 1, 

2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

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

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

General Authority: SDCL 34A-1-6. 

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

74:36:08:07. National emission standards for organic hazardous air pollutants for 

equipment leaks. The national emission standards for organic hazardous air pollutants for 

equipment leaks are those in 40 C.P.R. § 63, Subpart H (July 1, 2009 July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

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

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

General Authority: SDCL 34A-1-6. 

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

142 

• 

• 

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

· certain processes subject to negotiated regulations for equipment leaks. The national 

emission standards for organic hazardous air pollutants for certain processes subject to the 

negotiated regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I (July 1, 2006 

July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

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

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

General Authority: SDCL 34A-1-6 . 

• Law Implemented: SDCL 34A-1-6, 34A-l-19. 

74:36:08:09. National emission standards for chromium emissions from hard and 

decorative chromium electroplating and chromium anodizing tanks. The national emission 

standards for hard and decorative chromium electroplating and chromium anodizing tanks are 

those in 40 C.F.R. § 63, Subpart N (July 1, 2006 July 1, 2009). An area soUFee that falls under 

these reEfuireHlents is not reEfUirea to submit a Part 70 operating peFlllit applieation until 

• 

143 
Exem ted sources must still meet the a 

Deeoffitive ebTomit:lfl'l eleetroplatiHg operatioHs or ebTomitHH atiodiziHg operatioHs that use 

fume suppressants aHd aeeorative ebTomitHH eleetroplatisg operatioHs that use a tri'raleHt 

emomitHH bath that iHSOFJ9orates a wettiHg ageHt as a bath iHgredieHt are e~<eHl:flt from the Part 70 

operatiHg permit program. EK6Hl:j9tea sourees FHUst still meet the applieable re~iremeHts iH 4 0 

C.F.R. § 63, Subpart N (J!ily 1, 2006). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, • 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

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

Cross-Reference: Operating permits for part 70 sources, § 74:36:05. 

74:36:08:10. National emission standards for ethylene o · e emissions from 

sterilization facilities. The national emission standards for ethyl 

facilities are those in 40 C.F.RG~g,~~:r-&Bfrl:;-ffiffil~~~~~~¥-~ily-1-,--;Wflfj 

_____ .(· C {pl; {,~ 0 Cir-b II )-Ov1") . l ,_ 2 I - 144 
• 

• 

• 

>( 

.): 

moot tho app!ioablo 'oguiremonts In 40 VOJ> ~~~~ ~.J 0 Jc 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:11. National emission standards for industrial process cooling towers. The 

national emission standards for industrial process cooling towers are those in 40 C.F.R. § 63, 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

145 
General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. • 

74:36:08:12. National emission standards for gasoline distribution facilities (bulk 

gasoline terminals and pipeline breakout stations). The national emission standards for 

gasoline distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those 

in 40 C.F.R. § 63, Subpart R (Ju-ly I, 2006 July 1, 2009). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. • 

74:36:08:13. National emission standards for halogenated solvent cleaning. The 

national emission standards for halogenated solvent cleaning are those in 40 C.F.R. § 63, Subpart 

T (J\4)' 1, 2006 July 1, 2009). An area seUTee that falls under these reEfuirements is not reEfuired 

• 

146 
• 

• 

• 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:14. National emission standards for wood furniture manufacturing 

operations. The national emission standards for wood furniture manufacturing operations are 

those in 40 C.P.R.§ 63, Subpart JJ (July 1, 2009 July 1, 2009) . 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:15. National emission standards for aerospace manufact ring. The national 

emission standards for aerospace manufacturing are those in 40 C.P.R. 

2006 July 1, 2009) . 

147 
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; • 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:16. National emiss· standards for tanks. The national emission standards 

for tanks-- level1 are thos ·n 40 C.F.~3.9QQ to 93.997, iaehisive,fotp~att;$ Pt~ly ?(< 

1, 2QQ6 #Jyt>zttm!fti he national emission standards for tanks --level2 are those in 40 C.F.R. 

@.lQeQ to 93.1Q66, iae!t~sive~ IJ;3l ~~ (J1:1ly 1, 2QQ6~. 

(ii> 1 Su~Ww(Shhl! KX/0~· 

Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:17. National enuss10n standards for containers. The national em1sswn 

'""d""' foe rontoh"" ru-e tho" in 4D C.F.@.9>Q le 63.928, "'""'""'· !114~.P)' ;k 

'Qt~ly 1, 2QQ6 J~J( -~ ~ 7 I 5 drr!~-Jf p p ( ~ I, }=>--& i) . 

148 

• 

• 
• Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:18. National emission standaJ."_~_ioi:-SuF-face-i:liiJliUUndme&ts.._.: 

iRelHsive, 63, Subpart 00 (fuly 1, 2006 July l, 2009). 

Source: 25 SDR 123, effective April4, 1999; 30 SDR 2 , effective September 1, 2003; 31 

• SDR 101, effective January 2, 2005; 32 SDR 209, effectiv June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

• effective June 13, 2007. 

149 
General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. • 

74:36:08:20. National emission standards for oil-water separators and organic-water 

separators. The national emission standards for oil-water separators and organic-water 

separators_are those in 40 C.F.R. §§ 93.1040 to 63.1049, ieei-asi•,ze, 63, Subpart VV U~)09 ~ 

~~ - ~ Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. • 

74:36:08:20.01. National emission standards for closed vent systems, control devices, 

recovery devices, and routing to a fuel gas system or a process. The national emission 

standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas 

system or a pro_cess-~ in 40 C.F.R. §§ 93.980 to 93.999, ieelusive, 63, Subpart SS (July 1, *-

C:U009) 

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. • 

150 
• Law Implemented: SDCL 34A-l-6, 34A-1-19. 

• 

• 

74:36:08:20.02. National emission standardsf~r ~qui ment leaks. The national 

ruiltt=alrtl'o>rr equipment leaks -- control level 1 are those in 40 C.F.R. §§ 63.1000 to 

~----

63.1018, iRelasive, 63, Subpart TT (Jaly 1, 2006 July 1, 2009). The national emiss· 

for equipment leaks-- controllevel2 are those in 40 C.F.R. § 63, Subpart UU (Jaly 1, 2006 July 

1, 2009). 

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

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

74:36:08:21. National emission standards for hazardous air pollutants from the 

portland cement manufacturing industry. The national emission standards for the portland 

cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (Jaly 1, 2006 July 1, 

2009). 

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

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

151 
74:36:08:22. National emission standards for hazardous air pollutants for pesticide 

active ingredient production. The national emission standards for pesticide active ingredient 

production are those in 40 C.F .R. § 63, Subpart MMM (Jl-lly 1, 200€i July 1, 2009). 

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

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

• 

74:36:08:23. National emission standards for the printing and publishing industry. • 

The national emission standards for the printing and publishing industry are those in 40 C.F.R. 

§ 63, Subpart KK (Jlily 1, 2009 July 1, 2009). 

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:24. National emission standards for oil and natural gas production 

facilities. The national emission standards for oil and natural gas production facilities are those 

152 

• 
• 

• 

• 

ermit if the unit is not >1 

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:25. National emission standards for natural gas transmission and storage 

facilities. The national emission standards for natural gas transmission' and storage facilities are 

those in 40 C.P.R.§ 63, Subpart HHH (July 1, 2006 July 1, 2009). 

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. 

74:36:08:26. National emission standards for secondary aluminum production. The 

national emission standards for secondary aluminum production are those in 40 C.P.R. § 63, 

Subpart RRR (Jllly 1, 2006 July 1, 2009). 

153 
Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. 

74:36:08:27. National emission standards for publicly owned treatment works. The 

national emission standards for publicly owned treatment works are those in 40 C.P.R. § 63, 

Subpart VVV (hlly 1, 2009 July 1, 2009). 

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:28. National emission standards for solvent extraction for vegetable oil 

production. The national emission standards for solvent extraction of vegetable oil production 

areJ)lose-1n40-C.F:R. §§ 93.2830 to 93.2872, iBeltisi·re, 63, Subpart GGGG (J&ly 1, 2009 July 1, 

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

154 

• 

• 

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

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

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

• 74:36:08:30. National emission standards for municip~!solid was~~dfills. 'J;'he 

\ 

emission standards for municipal solid waste landfills are those in 40 C.P.R. §§ 93.1930 t 

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:31. National emission standards for surface coating of metal furniture. The 

·onal emission standards for surface coating of metal furniture are those in 40~.F.R . 

• §§ 93.4880 to 93.4981, iBelusive, 63, Subpart RRRR (laly 1, 2009 July 1, 2009). \ 

) 

155 
Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:32. National emission standards for integrated iron and steel 

manufacturing ,~aciJjtiesr-+he-~ emission standards for integrated iron and steel 

manuf~ctuii~;:e those in 40 C.F.J3._.~3i7gO ts e3.n52, inelusive, 63, S~bp~~~ 

, July 1, 2009). ) 

--

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:33. National emission standards for brick and structural clay products 

manufacturing. The national emission sta~m.-dsJor brick and structura 

· g are those in 40 C.F.R. §§ 63.8380 t:s 93.8515, inelusive, 63, Subpart JJJJJ (July 1, 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

156 

• 

• 

• 
• 

• 

• 

General Authority: SDCL 34A-1-6. 

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

74:36:08:34. National emission standards for asphalt processing and asphalt roofmg 

manufacturing. The national emissi tandards for asphatcprr;ro5lc;ee~·lg--aru:~~ 

ufacturing are those in 40 C.F.R. §§ 93.8980 to 93.8998, iBelasiYe, 63, Subpart LLLLL (Jaly 

1, 2009 July l, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

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

74:36:08:35. National emission standards for flexible polyurethane foam fabrication 

oper ti~se in 40 C.F.R. §§ 93.8780 to 93.8830, iaelasi'ie, 63, Subpart MMMMM (Jaly 

1, 2009 July l, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

157 
74:36:08:36. National emission standards for engine test cells/stands. The_national /-----------·---···----........ '• -------~~---- .. ~------------- ·····-·-----.. --

emission standar s'f:r engine test cells/s~~ds are those in 4Q C:F.R.§§ 63.9280 to 63.9375, 

----------------~ 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08~tiorra-remission standards for surface coating of miscella:~~ 

parts an~_pfoducts. The national emission standards for surface coating of miscellaneous metal '·, h 

d products as published in 40 C.P.R. §§ 63.3880 to 63.3981, iael1:1sive, 63, Subpart • 

MM 

-----------------------~ 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:38. -~ e · IOn standards for reinforced 

production. The national/ mission standards for reinforced plastic composites production 

/ 

I 

those in 40 C.:F:.R. §§ 63.5780 to 63.5935, iael1:1sive, 63, Subpart WWWW (ll:lly 1, 2006 ?.tJ :!.I-~ 

2009). • 

158 
• Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:39. Nationa~ion__~tandards for stationary combustion turbines. The 

natiorull emi"ion •tan .n(fmc •t•tioruuy oombu•tion twbin"' ""' thooe in 40 C.;~.~ >(:_ 

~~~++.~· 'i€-Htst\'. 'e<, 63, Subpart YYYY-(July 1, 2009 July 1, 2009). \ 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6 . 

• Law Implemented: SDCL 34A-l-6, 34A-l-19. 

" - -- ~------

74:36:08:40. National emission standards for stationary reclprocating internal 

combustion engines. The national emission standards for stationary reciprocating int~~~. .V 

'\ ~ 

) combustion engines are those in 40 C.F.R. §§ 93.9580 te 93.9975, inelusive, 63, Subpart ZZZZ 

(July 1, 200.9 July l, 2009). 

""' 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

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

• 

159 
74:36:08:41. National emission standards for industrial, commercial, and 

institutional boilers and process ers. The na · emission standards for industrial, • 

commercial, and instituti al boilers and process heaters are~ose in 40 C.P.R. §~, \fSource: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. 

74:36:08:42. National enuss1on standards for polyvinyl chlori®-and-eopoJymers 

production. The nationa ~~fu;-p;;i)';;kyrehton~o•n<r oopolymern prod~·) ~ 

are those in 40 .F.R. §§ e3.210 to e3.217, iaelusi¥e, 63, Subpart J (JHly 1, 2006 July 1, 2009). /////. 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:43. National emission standards for coke oven batteries. The national 

emission standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (Jrny 1, 2006 

July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. • 

160 
• Law Implemented: SDCL 34A-1-18. 

74:36:08:44. National emission standards for pulp and paper industry. The national 

emission standards for pulp and paper industry are those in 40 C.P.R. § 63, SubpartS, (Jl:!ly 1, 

W96 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:45. National emission standards for group I polymers and resins. The 

• national emission standards for group I polymers and resins are those in 40 C.P.R. § 63, Subpart 

U, (Jaly 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:46. National emission standards for epoxy resins production and non-nylon 

polyamides production. The national emission standards for epoxy resins production and nonnylon polyamides production are those in 40 C.P.R.§ 63, Subpart W, (Jaly 1, 2009 July 1, 2009) . 

• Source: 33 SDR 217, effective June 13, 2007. 

161 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:47. National emission standards for secondary lead smelting. The national 

emission standanisA~;d~~~lt~~g ___.. ..... ar~-~hose in 40 C.F.R. §~~~--tt:Hf~~ 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

74:36:08:48. National emission standards for phosphoric acid manufacturing plants. • 

The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. 

§ 63, Subpart AA (July 1, 2008 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:49. National emission standards for phosphate fertilizers production plants. 

The national emission standards for phosphate fertilizers production plants are those in 40 C.F.R. 

§ 63, Subpart BB (July 1, 2008 July 1, 2009). 

• 

162 
• 

• 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:50. National emission standards for petroleum refmeries. The national 

emission standards for petroleum refineries are those in 40 C.P.R. § 63, Subpart CC (July 1, 2009 

July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:51. National emission standards for off-site waste and recovery operations. 

The national emission standards for off-site waste and recovery operations are those in 40 C.P.R. 

§ 63, Subpart DD (July 1, 2009 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:52. National emission standards for magnetic tape manufacturing 

operations. The national emission standards for magnetic tape manufacturing operations are 

those in 40 C.P.R.§ 63, Subpart EE (July 1, 2006 July l, 2009). 

163 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:53. National emission standards for primary aluminum reduction plants. 

The national emission standards for primary aluminum reduction plants are those in 40 C.F.R. 

§ 63, Subpart LL (July 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:54. National emission standards for chemical recovery combustion sources 

at kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission 

standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone 

semichemical pulp mills are those in 40 C.F.R. § 63, Subpart MM (lely 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

164 

• 

• 

• 
• 

• 

• 

74:36:08:55. National emission standards for ethylene manufacturing process units--

Heat exchange systems and waste operations. The national emission standards for heat 

exchange systems and waste operations are those in 40 C.F.R. § 63, Subpart XX (fuly 1, 2006 

July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

chievable control technology standards are those in 40 C.P.R. §~~:-l-1:1~&-e~-±+'h' 

ffi&ffisi¥e,, 63, Subpart YY (JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:57. National emission standards for steel pickling -- HCl process facilities 

and hydrochloric acid regeneration plants. The national emission standards for HCl process 

facilities and hydrochloric acid regeneration plants are those in 40 C.P.R. § 63, Subpart CCC 

(lHly 1, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

165 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:58. National emission standards for mineral wool production. The national 

emission standards for mineral wool production are those in 40 C.P.R. § 63, Subpart DDD (ffily 

1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

74:36:08:59. National emission standards for hazardous waste combusters. The • 

national emission standards for hazardous waste combusters are those in 40 C.P.R. § 63, Subpart 

EEE (July 1, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:60. National emission standards for pharmaceutical production. The 

national emission standards for pharmaceutical production are those in 40 C.P.R. § 63, Subpart 

GGG (July 1, 2006 July 1, 2009). 

166 

• 
• 

• 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:61. National emission standards for group IV polymers and resins. The 

national emission standards for group IV polymers and resins are those in 40 C.F.R. § 63, 

Subpart JJJ (J1:Ily 1, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:62. National emission standards for wool fiberglass production. The national 

emission standards for wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN 

(J1:1ly 1, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:63. National emission standards for manufacture of amino/phenolic resins. 

The national emission standards for the manufacture of amino/phenolic resins are those in 40 

C.F.R. § 63, Subpart 000 (J1:1ly 1, 2006 July l, 2009). 

167 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:64. National emission standards for polyether polyols production. The 

national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart 

PPP (JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:65. National emission standards for primary copper smelting. The national 

emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (My 

1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

168 

• 

• 

• 
• 74:36:08:66. National emission standards for primary lead smelting. The national 

emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT (fuly 1, 

~July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:67. National emission standards for petroleum refmeries -- Catalytic 

cracking, catalytic reforming, and sulfur recovery units. The national emission standards for 

catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those 

• in 40 C.F.R. § 63, Subpart UUU (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:68. National emission standards for ferroalloy production 

Ferromanganese and silicomanganese. The national emission standards for ferromanganese 

and silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX (July 1, 2006 July 1, 

2009) . 

• Source: 33 SDR 217, effective June 13, 2007. 

169 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:69. National emission standards for the manufacture of nutritional yeast. 

The national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. 

§ 63, Subpart ecce (Jaly 1, 2006 July 1. 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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74:36:08:70. National emission standards for plywood and composite wood products. • 

The national emission standards for plywood and composite wood products are those in 40 

C.F.R. § 63, Subpart DDDD (Jaly 1, 2006 July I. 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:71. National emission standards for non-gasoline organic liquids 

distribution. The national emission standards for non-gasoline organic liquids distribution are 

those in 40 C.F.R. § 63, Subpart EEEE (Jaly 1, 2006 July l, 2009). 

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Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:72. National emission standards for miscellaneous organic chemical 

manufacturing. The national emission standards for miscellaneous organic chemical 

manufacturing are those in 40 C.P.R. § 63, Subpart PPPP (Jt!ly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18 . 

74:36:08:73. National emission standards for wet-formed fiberglass mat production. 

The national emission standards for wet-formed fiberglass mat production are those in 40 C.P.R. 

§ 63, Subpart HHHH (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:74. National emission standards for surface coating of automobiles and 

light duty trucks. The national emission standards for surface coating of automobiles and light 

duty trucks are those in 40 C.P.R. § 63, Subpart IIII (July 1, 2006 July l, 2009). 

171 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:75. National emission standards for surface coating of metal cans. The 

national emission standards for surface coating of metal cans are those in 40 C.F .R. § 63, Subpart 

KKKK (laly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:76. National emission standards for surface coating oflarge appliances. The 

national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, 

Subpart NNNN (Jtdy 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

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74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics 

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics 

and other textiles are those in 40 C.F.R. § 63, Subpart 0000 (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:78. National emission standards for surface coating of plastic parts and 

products. The national emission standards for surface coating of plastic parts and products are 

those in 40 C.F.R. § 63, Subpart PPPP (lely l, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:79. National emission standards for surface coating of wood building 

products. The national emission standards for surface coating of wood building products are 

those in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

173 
74:36:08:80. National emission standards for surface coating of metal coil. The 

national emission standards for surface coating of metal coil are those in 40 C.F.R. § 63, Subpart 

SSSS (JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:81. National emission standards for leather rmishing operations. The 

national emission standards for leather finishing operations are those in 40 C.F.R. § 63, Subpart 

TTTT (Jlily 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:82. National emission standards for cellulose products manufacturing. The 

national emission standards for cellulose products manufacturing are those in 40 C.F.R. § 63, 

Subpart UUUU (Jffiy 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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• Law Implemented: SDCL 34A"l-18. 

74:36:08:83. National emission standards for boat manufacturing. The national 

emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV (lely 1, 

~ July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:84. National emission standards for rubber tire manufacturing. The national 

• emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX 

(JHly 1, 2.006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:85. National emission standards for lime manufacturing plants. The national 

emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA 

(lely 1, 2.006 July 1, 2009) . 

• Source: 33 SDR 217, effective June 13, 2007. 

175 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:86. National emission standards for semiconductor manufacturing. The 

national emission standards for semiconductor manufacturing are those in 40 C.P.R. § 63, 

Subpart BBBBB (Jaly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

• 

74:36:08:87. National emission standards for coke ovens-- Pushing, quenching, and • 

battery stacks. The national emission standards for coke ovens are those in 40 C.P.R. § 63, 

Subpart CCCCC (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:88. National emission standards for iron and steel foundries. The national 

emission standards for iron and steel foundries are those in 40 C.P.R.§ 63, Subpart EEEEE (July 

1, 2006 July l, 2009). 

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Source: 33 SDR 2I7, effective June I3, 2007. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-I-18. 

74:36:08:89. National emission standards for site remediation. The national emission 

standards for site remediation are those in 40 C.P.R.§ 63, Subpart GGGGG (July 1, 2006 July I, 

2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-I-I8 . 

74:36:08:90. National emission standards for miscellaneous coating manufacturing. 

The national emission standards for miscellaneous coating manufacturing are those in 40 C.P.R. 

§ 63, Subpart HHHHH (July 1, 2006 July I, 2009). 

Source: 33 SDR 2I7, effective June 13,2007. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-I-I8. 

74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The 

national emission standards for mercury cell chlor-alkaii plants are those in 40 C.P.R. § 63, 

Subpart IIIII (July 1, 2006 July I, 2009). 

177 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:92. National emission standards for clay ceramics manufacturing. The 

national emission standards for clay ceramics manufacturing are those in 40 C.P.R. § 63, Subpart 

KKKKK (July 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:93. National emission standards for flexible polyurethane foam fabrieatiaB 

eperatiaBs production. The national emission standards for flexible polyurethane foam 

fabrieatioa operatioas production are those in 40 C.P.R. § 63, Subpart MMMMM III (Jaly 1, 

~July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

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74:36:08:94. National emission standards for hydrochloric acid production. The 

national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart 

NNNNN (JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:95. National emission standards for friction materials manufacturing 

facilities. The national emission standards for friction materials manufacturing facilities are those 

in 40 C.F.R. § 63, Subpart QQQQQ (J~:dy 1, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:96. National emission standards taconite iron ore processing. The national 

emission standards for taconite iron ore processing are those in 40 C.F.R. § 63, Subpart RRRRR 

(JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-l-18. 

179 
74:36:08:97. National emission standards for refractory products manufacturing. 

The national emission standards for refractory products manufacturing are those in 40 C.P.R. 

§ 63, Subpart SSSSS (J1-ody 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:98. National emission standards for primary magnesium ref'ming. The 

national emission standards for primary magnesium refining are those in 40 C.F.R. § 63, Subpart 

TTTTT (J\tly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:99. National emission standards for polyvinyl chloride and copolymers 

production area sources. The national emission standards for polyvinyl chloride and 

copolymers production area sources are those in 40 C.F .. § 

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Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:100. National emission standards for primary copper smelting area sources. 

The national emission standards for primary copper smelting area sources are those in 40 C.F.R. 

§ 63, Subpart EEEEEE (J~ly 1, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:101. National emission standards for secondary copper smelting area 

sources. The national emission standards for secondary copper smelting area sources are those in 

40 C.F.R. § 63, Subpart FFFFFF (J~ly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18 . 

181 
74:36:08:102. National emission standards for primary nonferrous metals area • 

sources -- Zinc, cadmium, and beryllium. The national emission standards for primary 

nonferrous metals area sources are those in 40 C.F.R. § 63, Subpart GGGGGG (July 1, 2006 July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The 

obtain a Part 70 o 

Exem ted sources must still meet the a 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

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