# •
•RECE\VED MAR2 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 considerthe 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, 74:36:04:04, 74:36:04:06, 74:36:04:07' 74:36:04:09, 74:36:04:10, 74:36:04:12, 74:36:04:12.01 ' 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 , 74:36:05:17, 74:36:05:18, 74:36:05:20.01' 74:36:05:20.03, 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 sec tions 74:36:10:02, 74:36:10:03.01, 74:36:10:05, 74:36:10:07 through 74:36:10:10)

j. revising chapter 74:36:11 (e.g. revising section 74:36:11:01); k. revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 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 pr oposed amendments will be to adopt re vision 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 MinorandTitle V airquality 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 orby submitting written commentsto 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.

Afterthe hearing, the board will considerall 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 ofthe proposed rules may be obtained without charge from the Kyrik Rombough, Natural Resources Engineering Director South Dakota Department of Environment and Natural Resour ces 523 East Capitol, Joe Foss Building Pierre, South Dakota 57501 (605) 773-3151

-s- Steven M. Priner Steven M Pirner, Secretary Departmentof Environment and Natur al Resour ces 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 ofthe notice attached to this affidavit to the list ofpersons attached to this affidavit. 

### I further swear that the attached list is a true and correct list ofall persons who have requested advance notice of rule-making proceedings by the Department ofEnvironment and Natural Resources.

Subscribed and sworn to before me this

# J!L day of 

### (\1\tu·c:h ,20 

## to.

# 6~~..~ Notary Public- South Dakota (Seal) My Commission expires ,20_. BRENDAA('IDEI!iON, NekuyNtk NlfCOIIIfllisai011Exprw

October26,2010

# •
• 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 SouthDakotaDepartment ofEnvironment andNatural Resources (DENR) is proposing revisions to the Administrative Rules ofSouthDakota (ARSD) Article 74:36- Air Pollution Control Program. The effect ofthe proposed amendments will be to adoptrevision to federal regulations. Byadopting the proposed amendments, the South Dakota air pollution control program rules will continue to comply with the federal regulations, and South Dakotawill maintain approval ofits air quality program. EPAhas passed several new federal standards that affect South Dakota since the DENR last revised the Administrative Rules ofSouth 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 permitprogram. The rules are being amended to include a new construction permitprogram and amending the Minor and Title V air quality operating permitprograms to remove the construction sections. Enclosed is the public notice for the public hearing that will be held bythe Board ofMinerals 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 daylighttime. The purpose ofthe public hearing is to receive and consider testimony on the adoption ofamendments to Administrative Rules ofSouthDakota, Article 74:36 - Air Pollution Control Program. Copies ofthe 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 onthe proposedrevisions. 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 ForestRd 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 BasinElectric Power Company 1717 Interstate Avenue Bismarck, ND 58501 Blaise Emerson BH Council ofLocal Govts PO Box 9686 Rapid City, SD 57709-9686 Tim Rogers BlackHills Corporation PO Box 1400 Rapid City, SD 57709-1400 Everett E Hoyt 

## Aslack Hills Fly Fishers W4422 Carriage Hills Dr Rapid City, SD 57702 Dean Berger Black Hills National Forest 1019North 5th Street Custer, SD 57730-8214 Darrel Hoyer BlackTop Paving Company PO DrawerF Sioux Falls, SD 57101 Charles Monson Board ofMinerals & 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
BlackHills Corporation PO Box 1400 Rapid City, SD 57709-1400

Black Hills Group - Sierra Club PO Box 1624 Rapid City, SD 57709-1624 Nancy Hilding BlackHills Regional Multiple Use Coalit POBox 788 Black Hawk, SD 57718 Delvin Deboer Board ofCertification 914 17thAveS Brookings, SD 57006-4091 LeeM McCahren Board ofMinerals & Environment PO Box297 Vermillion, SD 57069-0297.ichardC Sweetman Board ofMinerals and Environment 1809 North Terin Circle Sioux Falls, SD 57107 TimothyJohns Board ofMinerals and Environment 203 West Main Street Lead, SD 57754 Robert Duxbury Board ofMinerals and Environment 21030 373rd Avenue Wessington, SD 57381 Linda Hilde

• Board ofMinerals and Environment 104 Woodland Drive Madison, SD 57042-0019 JeffBroin Broin Enterprises PO Box 330 Scotland, SD 57059 Dennis Bucher Bureau ofLand Management 310 Round Up Belle Fourche, SD 57717-1618 John Carlson Carlson Construction**~?Box** 1832 wvvinner, SD 57580 Glenn B1umhardt Board ofMinerals and Environment 2014 6th Ave Box 134 Bowdle, SD 57428-0134 Peter Bullene Board ofMinerals and Environment 301 20th Avenue SE Watertown, SD 57201 Dennis Landguth Board ofMinerals and Environment 613 AltaVista 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 85250AFugene Houg

## ~ity ofYankton 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 SouthernRailroad 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 POBox 84140 Sioux Falls, SD 57118 Rodney Todd DakotaBlock Company POBox2920 Rapid City, SD 57709-2920 Dixie Hendricks DakotaRural Action POBox 549 Brookings, SD 57006 Lynn Anderson Dakota, Minnesota& Eastern 337 22nd Avenue South Brookings, SD 57006 Larry Johnson Dustcoating 4463 50th StNE Buffalo, MN 55313-3722 William McCollam Ellsworth AFB 28 CES/CEV 2013 ScottDrive Ellsworth AFB, SD 57706 Amy Platt SP-AR EPA Region VIII 1595 Wynkoop Street Denver, CO 80202• Scott LaFond FisherIndustries PO Box 1034 Dickinson, ND 58602 ClaraLangdon 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 5100 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 ofAtmospheric Sciences 501 EStJoseph Street Rapid City, SD 57701.ColinJensen Irving F Jensen Company Inc PO Box 1618 Sioux City, lA 51102 MarciaBowes JamirReclamation 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 200E Center Madison, SD 57042 Jay**V~** Den Top LGEverist 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 DakotaUtilities 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 & DakotaAveS Huron, SD 57350 Terry Graumann OtterTail 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 120North 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 PatGray Pope & Talbot Inc POBox 850 Spearfish, SD 57783-0850 Hugh Dodson Raven Industries 181JNEAvenue Sioux Falls, SD 57104-0359• Sharon Chaples Royal C Johnson Veterans Hospital PO Box 5046 Sioux Falls, SD Steve Hasenohrl SD Dept ofAg Div ofWildlife 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 .RapidCity, SD 57709-0397 Rebecca Cradduck SD Assoc ofHealth Care Organizations 3708 Brooks Place Suite 1 Sioux Falls, SD 57106 Steve Willard SDElectric Utility Company POBox 247 Pierre, SD 57501-0247 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 ofGovernments 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 StN 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
WharfResources Mining Co 10928 WharfRoad Lead, SD 57754 Superintendent Wind Cave National Park 26611 US Highway 385 .otSprings, SD 57747-9430 Mike Lipp St Lukes Midland Regional Medical Center 305 South State Street Aberdeen, SD 57401 Nanette Dailey State ofSouth Dakota 700 E BroadwayAvenue 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, OK74101 John Chelstrom Xcel Energy 414Nicollet 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 55379Message Page 1of 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 ofEnvironment and Natural Resources (DENR) is proposing revisions to the Administrative Rules ofSouth Dakota (ARSD) Article 74:36- Air Pollution Control Program. The effect ofthe proposed amendments will be to adopt revisionto federal regulations. By adopting the proposed amendments, the South Dakota air pollution control programrules will continue to comply with the federal regulations, and South Dakotawill maintain approval ofits air quality program. EPA has passed several new federal standards that affect South Dakota since the DENR last revised the Administrative Rules ofSouth 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 operatingpermitprogram. The rules are being • amended to include a newconstructionpermitprogram and amending the Minor and Title V air quality operating permitprograms to remove the construction sections.


# • Enclosed is the public notice for the publichearing that will be held by the Board ofMinerals and Environment onApril15, 2010, in the Matthew Environmental Education and Training Center, Joe Foss Building, Pierre, South Dakota at 10:15 a.m. central daylighttime. The purpose ofthe public hearing is to receive and considertestimony on the adoption ofamendments to Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program. Copies ofthe proposed amendments may be obtained, without charge, by calling LitaMagedanz 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 ADMINISTRATIVEPROCEDURES ACT FISCAL NOTE PreparedbySubmittingAgency NAME Department ofEnvironment & Natural Resources Environmental Services Air Quality BFM 50. 10

PROPOSED RULE: Revisions to ARSD 74:36 Hearing Date: Apri/15, 2010 FISCAL IMPACTSTATEMENT : The proposedrule changes will have minimal impact to all entities. No additionalstaffingor resources are needed . FISCAL NOTE SUMMARY : COSTINCREASES(DECREASES) State Agencies:

TOTAL LocalSubdivisions:

TOTAL SmallBusinesses

TOTAL REVENUEINCREASES(DECREASES)

Revenue Increases (Decreases) State, Local & SmallBusiness :

TOTAL First- YearImpact Continuous-Yearly Impact

$0 $0

$0 $0

$0 $0

$0 $0 $0 $0

ofpr o es; separate sections for : 1) explanation ofrules effect, i.e. whatprocedures, schedules, activities, etc. will change with its adoption 2) statistics used , and theirsource, 3) assumptions that were made to arrive atfiscal impact, 4) computati ons that were made, 5)smallbusiness impact statement RevisedJune 2004

# •
•
• SouthDakota Sen. JeanHunhoff, Chair 

# Legislative Research

Council RECEIVED MAR 2 2 

### 2010 Rep. Shantel Krebs, Vice Chair JamesFry,Director DEPT. OF ENVIRONMENT AND NATURAL RESOURCES, SECRETARY'S OFFICE DougDecker, Code Counsel March 18,2010 Mr. JoeNadenicek South DakotaDepartment ofEnvironment and Natural Resources 523 East Capitol Avenue Pierre, South Dakota 57501 Dear Mr. Nadenicek: The South Dakota Board ofMinerals and Environment has proposed the amendment, adoption, or repeal ofrules 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 -AirPollution Control, which are scheduled for hearingon April 15, 2010. We have reviewed the proposed rules andapprove them for legality with the following exception: -Beginning with ARSD 74:36:05:04, numerous sections use the term "this subpart" referringto CFR citations in the rule section. A more specific reference to the CFR subpart should be provided. This may be a shortened version ofthe CFR citation provided atthe beginning ofeach section ofsubdivision. (See the attached for and style recommendations.) This letter is based on a preliminary review ofyour rules. Attached are yourrules edited for form and style pursuantto SDCL 1-26-6.5 and directions for submittingthe final draft ofthe rules. Ifyou have any questions, please don'thesitate to call me orthe staffmember who has reviewed yourrule. Sincerely yours,

# ~**Doug~ Code~:~~**  DD:TM Cc: Kyrik Rombough, DENR

State Capitol, 500EastCapitol, Pierre, SD 57501-5070 605!773=325-1-•-l'ax6051773-4576 http://legis.state sd.us

# •
•
• DIRECTIONS FOR SUBMITTING THEFINALDRAFT 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, September28, November 17, and December 20. A. FINAL DRAFT TO LEGISLATIVE RESEARCH COUNCIL: Whenthefinal draft of the adopted rules is broughtto this office for signature for legality and for form and style, please include the following items: 1. The editedcopy ofthe first draft; 2. One legible copy ofthe 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 ofoverstrikes and underscores; 3. The original Form#11 which containsthe signature ofthe officer empoweredto adoptthe rules orthe signatures ofa majority ofthe members ofa board or commission which has the rule-making authority; and 4. Copies ofthe following: a. The minutes ofall public hearings, (asummary ofthe minutes ifneeded); and b. The affidavit ofmailingto Rules Committee members - Form #12. B. SERVICE ON COMMITTEE: The following information is tobe served onthe interim Rules Review Committee at leastfive days before the committee meeting date: 1. The final draft ofthe adopted rules (three-holed punched and numberedby page); 2. The minutes ofthe public hearing; a. Include a summary ofthe hearing ifa verbatim transcript is used; b. Include a summary ofany subsequenthearing ifthe public hearing is continued orfinal

action is taken ata later date; 3. A summary ofthe written comments or copies ofthe written comments; 4. The Impact Statement on Small Business; 5. The Fiscal Note; and 6. Agency financial resource information ifthe agency proposes a rule to increase a fee. First class mail, e-mail, orboth 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 ofthe rules with the Secretary ofState's Office. Although it is notrequired by statute, the Secretary ofState's Office would like to have a copy ofthe approval signature sheet with the filing ofthe final draft and the certificate.

# •
•
•

# • ARTICLE 74:36 AIRPOLLUTION CONTROL PROGRAM
Chapter 74:36:01 Definitions. 74:36:02 Ambient air quality. 74:36:03 Airquality episodes. 74:36:04 Operatingpermits for minor sources. 74:36:05 Operatingpermits for Part 70 sources. 

# • 74:36:06 Regulated airpollutant emissions. 74:36:07 New sourceperformance standards. 74:36:08 National emission standards forhazardous airpollutants. 74:36:09 Prevention ofsignificant deterioration. 74:36:10 New sourcereview. 74:36:11 Performancetesting. 74:36:12 Control ofvisible emissions. 74:36:13 Continuous emission monitoring systems. 74:36:14 Variances, Repealed. 74:36:15 Openburning, Transferred orRepealed. 74:36:16 Acidrainprogram. 

# • 74:36:17 Rapid City street sanding and deicing.74:36:18 Regulations for state facilities inthe Rapid Cityarea. 

# • 74:36:20 Mercurybudgettrading program, Repealed. Construction ermits for new sources ormodificatio s

# ~ 74:36:19

CHAPTER74:36:01 DEFINITIONS

Section 74:36:01:01 Definitions. 

# • 74:36:01:02 Repealed. 74:36:01:03 Administrativepermit amendment defined. 74:36:01:04 Affected states defined. 74:36:01:05 Applicablerequirements ofthe CleanAirAct 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 ofsources 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 weightrate defined. Repealed. Regulated airpollutant defined. Responsible official defined. Repealed. Municipal solidwaste landfill defined. Existing municipal solid waste landfill defined.

## J-~1.~--uf.:_ 

# , 74:36:01:20 Physical change in orchange in themethod ofoperationx**....:~__,fl----** 74:36:01 :21 Commenced construction defined. 

### 74:36:01:01. Defmitions. Unless otherwise specified, the terms used in this articlemean: (1) "Act," chapter 34A-1 ofthe SouthDakotaCodified Laws; (2) "Acidrain permit," a legallybinding written document orportion ofa document that is issued by the department and specifies the acid rain program requirements applicable to an affected source and to the owners and operators and the designated representative ofthe affected source; (3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution control and emissionsreductionprogram established inaccordance with TitleIV ofthe 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 CleanAir Act; (6) "Affected unit," a unit that is subject to any ofthe emission reduction requirements or emission limits pursuantto TitleIV ofthe CleanAirActorchapter74:36:16; (7) "Air pollutant," one or a combination ofthe regulated air pollutants listed in§ 74:36:0 (8) "Allowable emissions," the emissionrate calculatedusing the maximum rated capacity of a source unless the source is subject to federally enforceable limits which restrict operating rate, hours ofoperation, orboth, and the most stringent ofthe following: (a) The applicable new sourceperformance standards in chapter74:36:07; (b) The applicable national emission standards in chapter74:36:08; (c) Any applicable emission limitations specified in this article, including those with a future compliance date; 

# • (d) The emissionrate specified as a permitcondition; or (e) The applicable standards in40 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 publichas access; (10) "ASTM," the American Societyfor Testing and Materials; (11) "Board," theBoard ofMinerals and Environment; (12) "Btu," Britishthermal unit; (13) "CO," carbonmonoxide; (14) "Chairman," chairman oftheboard; 

### (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 orreduces emissions; (18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead; (19) "Department," the South DakotaDepartment ofEnvironment and Natural Resources; (20) "Designated representative," the responsible person or official authorized by the owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to the unit and the submission ofand compliance with permits, permit applications, and • compliance plans for theunit; (21) "Draft permit," the version of a permit for which the department offers public participation or affected statereview; (22) "Emissions allowable under the permit," a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit, including work practice standards, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject; (23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a single unit; 

# •

5(24) "Emission uniJ' 

## 9t "Unit," any part or activity ofa 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) ofthe a6t Clean Air Act; (25) "EPA," the Environmental Protection Agency; (26) "Equivalent method," any method ofsampling and analysis for an air pollutant which has a consistent and quantitatively known relationship to the reference methodunder specified conditions; (27) "Existing source," a source thathas an approved state-issued variance orpermit; (28) "Facility," a building, structure, or installation ofpollutant-emitting activities which belongto the same industrial grouping, located on one ormore contiguous or adjacent properties and under the control of the same person or of persons under common control, except the activities of a water-borne vessel. Pollutant-emitting activities are part ofthe same industrial • grouping ifthey belong to the same major group, i.e., have the same two-digit code, as described inthe Standard Industrial ClassificationManual, 1987; (29) "Federally enforceable," all limits and conditions that are enforceable by the administrator of EPA pursuant to federal law. These limits and conditions include those requirements 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 ofthis term does not impede the department's authorityunder state law to enforce these limits and conditions; (30) "Final permit" the version of an operating permit issued by the permitting authority for a source thathas 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 ofburning fuel or other combustible material for the primary purposes ofproducingheat orpower byindirect 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," apermit issuedbythe board in accordance with SDCL 34A-l56 thatmaybe 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 ordesigner's guaranteed maximum input, whichever is greater;**~** .Q2} 

### "Incinerator," a furnace used to bum solid waste to reduce the volume ofthe wastebyremoving its combustible material;**~** QQ} 

### "Malfunction," any sudden and unavoidable failure of air pollution control equipment orprocess equipment or ofaprocess to operate in anormal orusual manner, butnot a failure caused entirely or inpartbypoor maintenance, careless operation, preventable equipment breakdown, or any other cause within the control ofthe owner or operator ofthe source;**~** Q1). 

### "Minor source," a source whose potential emissions of a criteria pollutant are less than 100 tons ayear and which does notmeet the definition ofaPart 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 oflight and obscure the view ofan object in the background; f44j (42) "Openburning," the burning ofany 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, orchimney; f#1.(±;U "Operating permit," a written authorization issued by the board or the secretary for the eoHstmetion oroperation ofa 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 ofpermits 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 widerange ofsizes; 

### 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 § 74:36:01:10;

8 

# •

# • administrative permit amendment, or minorpermit 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 ofthe foregoing; 

### fM1 (52) "PMlO," particulate matter with an aerodynamic diameter less than or equal to a nominal tenmicrometers as measuredbyan 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 ofthe public notice period and after considering any public comments, including those from affected states; 

# •**~(54)** 

### "PSD," prevention ofsignificant deterioration; 

### \'+)

# €0»!00;**~** 

## 00 "Salvage operation," an operation conducted in whole or m part for the reclaiming ofproduct ormaterial;**~** .(21} 

### "Secretary," the secretary ofthe South Dakota Department ofEnvironment and Natural Resources or an authorized representative;**~** 

## 00 "Shutdown," the cessation of operation of any control equipment, process equipment, orprocess for anypurposes; 

### 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 CleanAirAct;**~** {Q1} "Start-up," the setting into operation of any control equipment, process equipment, orprocess for anypurpose; 

## f641 (62) "Title I," Title I ofthe Clean AirActAmendments, provisions for attainment and maintenance ofnational ambient air quality standards; (95) "Title II," Title II efthe Clean Air Aet i\mendmefl:ts, J3Fovisions relating to mobile soarees; (96) "Title

### III," Title

### III ofthe**Cleat~** AirAet.AmeRclmeRts, R&l'larclol:ls airJ3olll:1taRts; 

### f9+1.(Ql) "Title IV," Title IV ofthe CleanAirActAmendments, acid deposition control; 

### f681 (64) "Title V," TitleV ofthe CleanAirActAmendments,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 CleanAir,",et Amendmefl:ts, miseellaReol:ls**J3fO'V~sions;** (72) "Title IX," Title IX ofthe CleaR AirAetAmeRamefl:ts, e!eaR airreseareh; (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 issuedbytheboard to operate a minor source in an attainment areathat is notin compliance withcertainportions ofthe 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 havebeeR 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
11methm<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, orliRear**co~letely**flaoriRated alkaRes; (b) Cyelic, bFaRched, orliRear**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 in40 C.F.R. § 51.100(s) (July I, 2009) ) .:!<- f781 @ "Wire reclamation furnace," a furnace that uses either direct or indirect heat transferto salvage nonferrous metals throughthethermal destruction ofsolidwaste materials; 

### f791 (69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measuredbyan applicable'reference orequivalent method; (8G1 (70) "S02," sulfur dioxide; iffid f8Bflll"N02," nitrogen dioxid'* and (72) "Construction permit," a written authorization issued bytheboard or the secretary for the construction and operation ofa new source ormodificationto an existing sourcex • .(( 

# •

12

# • Source: 

### SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01,7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:01, 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 ofManagement and Budget. Copies maybe obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87- 100012. Cost: $31. 74:36:01:05. Applicable requirements of the Clean Air Act defined. 

### Applicable requirements ofthe Clean Air Act include all ofthe following as they applyto emissions units in aPart 70 source, unless the context oftheClean Air Actrequires otherwise: (1) Any standard or other requirement provided for in the applicable implementation plan • approved or promulgated by EPA through rulemaking under Title I ofthe Clean Air Act that 13implements the relevant requirements ofthe Clean Air Act, including any revisions to that plan • promulgated inPart 52 of40 C.P.R. (Jaly 1, 2005 July 1. 2009); (2) Any term or condition of any preconstruction permits issued pursuant to regulations approved through rulemakingunderTitle I, including Parts C or D, ofthe 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 ofthe Clean Air Act, including any requirement concerning accident preventionunder§ 112(r)(7) ofthe Clean AirAct; (5) Any standard or other requirement ofthe acidrain program under Title IV ofthe Clean Air Act or theregulations promulgated under it; (6) Any monitoring, reporting, and certification requirements established pursuant to § 504(b) or 114(a)(3) ofthe CleanAirAct; 

# • (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) ofthe Clean AirAct; (9) Any standard or other requirement for tank vessels, under § 183(f) ofthe Clean Air Act; (10) Any standard or other requirement ofthe program to control air pollution from outer continental shelfsources, under§ 328 ofthe Clean AirAct; (11) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI ofthe Clean Air Act, unless the administrator ofthe EPA has determined that such requirements need notbe contained in a Part70 operatingpermit; and 

# •

14

# • (12) Anynational ambient air quality standard orincrement orvisibilityrequirementunder Part C ofTitle I ofthe Clean Air Act, but only as it would apply to temporary sources permitted pursuantto§ 504(e) ofthe 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 SDR209, 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 ofoperation ofa source thatresults in at least one ofthe following: (1) An increase in the amount ofan air pollutant emitted bythat source or inthe emission ofan airpollutantnotpreviously emitted; (2) A significant change to existing monitoring, reporting, or recordkeeping requirements inthepermit; (3) The change requires or changes a case-by-case determination ofan emission limit or other standard, a source-specific determination for temporary sources of ambient impacts, or a visibility orincrement analysis; or (4) The change seeks to establish or change apermit 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 15a modification under anyprovision ofTitle I, or an alternative emissions limit approvedpursuant • to regulations promulgatedunder§ 112(i)(5) ofthe CleanAirAct. 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 January2, 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 ora change inthemethod ofoperation does notincludethe following: (1) Routine maintenance, repair, and replacement; (2) Use ofan alternative fuel orraw material because ofan orderunder§§ 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on January 1, 1993, orbecause ofa natural gas curtailment plan pursuant to the Federal Power Act as in effect on January 1, 1993; (3) Use ofan alternative fuel becauseofan orderorrule under§ 125 ofthe CleanAirAct; (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, or40 C.F.R. § 51.166 (July 1, 2005 July 

### 1. 2009); (6) Anychange ofownership at a source; (7) Theuse ofan alternative fuel orraw materialbya sourcewhichthe 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), orunderregulations approved pursuantto 40 C.F.R. Part 51, SubpartI, or40 C.F.R. § 51.166 (July 1, 2005 July 1, 2009); and (8) The use of an alternative fuel or raw material which the source is approved to use • under a permit issued under 40 C.F.R. § 52.21 (July 1, 2005 July 1, 2009) or under regulations approved pursuantto 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 operatorhas all necessarv construction approvals orpermits and has: (1) Begun, or caused to begin, a continuous program ofactual on-site construction ofthe new source ormodification to the existing source; or 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 ofthe source. Source: General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. CHAPTER74:36:02 AMBIENT AIRQUALITY 

# •
Section 74:36:02:01 Air qualitygoals. 74:36:02:02 Ambient air quality standards. 74:36:02:03 Methods ofsampling and analysis. 74:36:02:04 Air qualitymonitoringnetwork. 74:36:02:05 Ambient airmonitoring 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 ofair pollution above which the ambient air would limit the attainment ofthe goals specified in § 74:36:02:01. These standards apply to the entire state of South Dakota, and no person may cause these standards to be exceeded. The standards include normal background levels ofairpollutants. 

### Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:02, 7 SDR 4, effectiveJuly27, 1980; transferred from § 44:10:02:02, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective • January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effectiveJanuary2, 2005; 32 SDR 209, effectiveJune 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 equivalentmethod designated in accordance with40 C.F.R. Part 53 

### (JI:lly 1, 2005 July 1, 2009). 

# •

19Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from • § 34:10:02:11,7 SDR4, 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 qualitymonitoring network as required by40 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 ofmonitoring activities and results shall be retained for a minimum of three years. Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR I01, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. GeneralAuthority: 

### SDCL 34A-l-6, 34A-l-15. Law Implemented: 

### SDCL 34A-l-15. CHAPTER74:36:03 

# • AIRQUALITY EPISODES



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

74:36:03:01. Air pollution emergency episode. 

### The proclamation of an air pollution emergency episode and its extent shall be made bythe 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 

# •

21pollutants in anyplaceis attaining orhas attained levels which could, ifsuchlevels are sustained orexceeded, lead to a substantial threat to the health ofthe public. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:22, 7 SDR 4, effective July27, 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 January2, 2005; 32 SDR209, effective June 13, 2006. GeneralAuthority: SDCL 34A-l-6, 34A-l-15. LawImplemented: 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 in40 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, effectiveJanuary2, 2005; 32 SDR209, effective June 13, 2006. GeneralAuthority: SDCL 34A-l-6, 34A-l-15. LawImplemented: SDCL 34A-l-15. CHAPTER74:36:04

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 OPERATINGPERMITS FORMINOR SOURCES

Applicability. PennitMinor source operatingpermitrequired. Minor source operatingpermit exemption. Operatingpermit Emission unit exemptions. Minor source operatingpermit variance. Standard for issuance ofoperatingpermit. Timeperiod for operatingpermits and renewals. Timelyand complete application for operatingpermitrequired. Required contents ofcomplete application for operatingpermit. Applicantrequired to supplement or correct application. Permit application-- Completenessreview. Timeperiod for department's recommendation. Departmeat's reeommenaatien on operatingpermit. Repealed. Publicparticipationinpermittingprocess. Publicreview ofdepartment's draftpermit. Final permitdecision-- Noticeto interestedpersons. Right to petition for contested casehearing. Contents ofoperatingpermit. Operatingpermit expiration. 2374:36:04:17 74:36:04:18 74:36:04:19 74:36:04:20 74:36:04:20.01 74:36:04:20.02 74:36:04:20.03 74:36:04:20.04 74:36:04:21 74:36:04:22 74:36:04:23 74:36:04:24 Renewal ofoperatingpermit. Operatingpermitrevision. Administrative permit amendment. Procedures for administrative permit amendments. Minorpermit amendmentrequired. Requirements for minorpermit amendment. Applicationfor minorpermit amendment. Department deadline to approve minorpermit amendment. Permitmodifications. Source status change-- New permitrequired. Reopening operatingpermit for cause. Procedures to reopen operatingpermit. 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 ofoperatingnoncompliance-- Contents. Petition for contested case on alleged violation. Repealed. Circumventionofemissionsnot allowed. General permits. Secretarymayrequire 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 ofair pollutants into the ambient air until the applieablepreeonstruetion a construction pennit orminor source operating pennithas beenissued bytheboard 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. 

# • LawImplemented: 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 orless per year ofany criteriapollutant, except lead, before the application ofcontrol 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. 2574:36:04:03. Operatiag permit Emission unit exemptions. The following sourees or emission units are exempt from ohtaiaiaginclusion in a minor source operatingpermitunless 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 preconstructionpermit, orNSRpreconstructionpermit}( ! .1(::: (1) A faeility operatiag aa iaeiaerator or One ormore incinerators ofless than 100 pounds perhour combinedburning capacitythat combustmunicipal orhousehold waste; (2) A mobile internal combustion engine, including those in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipmentused exclusively for chemical orphysical analysis; (4) A HBit fueled byBatura! gas that is ased !*elasivelyfor spaee heatiag; 

## W{1} A unit that has a heat input capability ofnot more than 3,500,000 Btus per hour, except for units fueled with wood or coal; 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, orpavingparking lots; and (7) An emergeaeyeleetrieal geBerator poweredbypetroleHHl: prodl:lets; (8) A, facility that has thepoteBtial to emit 25 toas or less peryear ofany eri:teriapolffitaBt,**e~<eept** lead, before the applieatioa ofeontrol eqllipmeat; (9) A anit fueled bywaste 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 ofcontrol equipment. However, the criteria pollutant emissions

# .~L.)b from the unit mustbeincluded 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, erbusifless. A 

### seHFee erAn 

### emission unit that is exempt from permitting

### UfiEler suaaivisiefls (1) 

### te

## fl% iHclusive, must still meet the visible emissionrestriction in §74:36:12:01. Source: 

### SL 1975, ch 16, § 

### 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:16, 7 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. LawImplemented: 

### 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 mayrequest a variance from applicable emission standards. The variancewill 

### aHow

# ~ 

# -*

27the minor source to operate in noncompliance with applicable emission standards. A minor • source is eligible for a variance ifit is located within an areathat is in attainment for all regulated air pollutants for which the source is requesting a variance. The minor source may notreceive a variance if the source obtained a minor source operating permit by accepting federally enforceablepermit conditions to prevent the source from needing a Part 70 operatingpermit. The owner or operator desiring to obtain a variance must submit an application. The application must include the same provisions required by§ 74:36:04:07, the requirements and a compliance plan for which a variance is requested, and the facts relevant to establishing the burden ofproofrequired under SDCL 34A-1-27. The compliance plan must outline the steps that will betaken to comeinto compliance and the completion date for each step. 

# • The board shall hold a hearing on the department's recommendation on a request for a variance. Anyperson affected bythe recommendation or 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 mayeithef 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: 

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

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

### operating permit for a HeW 

### source or permit rnoaifieation 

### revision maybe issued only ifit has been shown that the operation ofthe 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 byairpollution 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 otherrequirements ofthe 

## -& act andAClean Air Act. The minor source operating permit must include reasonable conditions, including adherenceto plans and specifications, to assure compliance withthe act,eeanAirAct, and any other conditionsjustifiedunder SDCL 34A-1-19.

### ~ Source: 

### 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; transferred from §44:1O:OI :I2, effective July I, 198I; I0 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 29May 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 ifit meets the time limits specified inthis section. An application is completeifitmeets therequirements in§ 74:36:04:07.
A minor source applying for an initial operatingpermit 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 ofthe emissionunit(s) involved withthe modificatiolJ.(.
A minor source applying for renewal of a an operating permit shall submit a complete application 90 days before the date ofpermit expiration. If an existing source submits a timely and complete application for renewal ofan operating permit within this time limit, the source's existingpermit does not expireuntil therenewal permithas been issued or denied. Theterms 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 ofthe source orpermitmodification. 

# • 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 informationto be considered a complete application: (1) General company information, including the company name and address or the plant name and address ifdifferent from the company name, the owner's name and agent, and theplant sitemanager or contact; (2) A description oftheplant and its processes and products; (3) The following information on emissions: (a) Identification and description ofall emission

### peffi!s units; (b) Fuels, fuel use, aedrawmaterials,

### ttSed and productionrates; 

# • (c) Identification and description ofair pollution control equipment; 31(d) Limitations on source operation affecting emissions or anyworkpractice standards, where applicable, for all regulated airpollutants; (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 pollutantsregulated at the source; (4) A copy ofanypreparedplans andthe specifications ofanyequipment orother facilities whichmay affect the source, includingpollution control devices; (5) An abatement strategies plan, ifrequired bychapter 74:36:03; (6) A signed and notarized certification ofapplicant form; (7) Theresults ofany air dispersion modelingrequiredbythe department; (8) Theresults ofany stack performancetestingrequired bythe department; (9) Any other information requested by the department which is relevant to determining compliance with the act orthe Clean AirAct. The application mustbe signedbytheresponsible official or designated representative. An application for therenewal ofan operatingpermitmayreferto apreviously submitted application ifthereare 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.GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-12, 34A-1-21. 74:36:04:08. Applicant required to supplement or correct application. Ifthe applicant is aware that the application is incomplete or that any relevant facts or information contained in 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, LawImplemen 74:36:04:09. Permit application -- Completeness review. The department shall conduct a completenessreview ofeachpermit applicationreceived, as follows: (1) Within 30 days after submission of an application for an initial operating permit, f! permitmodification, or a renewal ofan operatingpermit for a minor source, the department shall notifY the applicant in writing whether or not the application is complete or incomplete. Ifthe department does not notifY the applicant that the application is incomplete within 30 days after 

# • receipt of the application, the application is considered complete. The department may at any 33time during the processing ofthe application request, in writing, additional information necessary 

# • to evaluate ortake final action onthe application; (2) Ifthe application is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to 

### 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 approvedbythe 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 writingifthe awlicationis orisnot 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 ofan operating permit, a permit modification, or a renewal for an operatingpermit for a minor source within 90 days after the submission ofa 

### 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 ofthe application without waiting for a department recommendation. The petition must conform to the requirements ofarticle 74:09. 

### Source: SL 1975, ch 16, § 

### 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:08.01, 34:10:01:11, 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:11, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:11, 19 SDR 157, effective 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 ofa eoffifllete applieation for an operatingpeHllit ora renewal ofan operatiRgpeffflit 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 withthe 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. 3574:36:04:12. Public participation in permitting process. The department shall mail a copy of the draft permit for a minor source to the applicant. The department shall publish a public notice ofthe draft permit once in a legal newspaper in the county where the source is located. The notice must include a briefstatement describing the 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 statementthat a person may submit comments or contestthe draftpermitwithin 30 days afterthe publication ofthe notice; describe the procedures a personmustfollow to contestthe draft permit and request a hearing in accordance with article 74:09; and a statement describing where copies ofthe draft permit or other information may be obtained. The department shall provide to the interestedparties a 30-daynotice ofanyhearing 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 applicablerequirements ofthis article orthe requirements ofthe 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 ofthe end ofthe public comment period on a draft permit. The department shall notify, in writing, the applicant and eachperson 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 ofthis section, the final permit decision means proposing anew, modified, or renewed permit, denying a permit, orterminating apermit. 

# • 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 ofthe final permit decision exceptunder the following conditions: (1) A later effective date is specified inthe final permit decision; (2) A contested case hearing isrequested; 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 ofthe publicnotice 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 operatiagpermit for a minor source shall include the following: (1) The signature ofeitherthe secretaryorthe chairman; (2) The name ofthe person, company, political subdivision, agency, or institution granted a permit; (3) Thetype ofoperation; (4) The

### J*aE:t facilitv andmailing address; (5) The date the operatingpermitwas granted and on which itwill expire; (6) A number for administrative reference; (7) Thename ofa designated person or officerresponsible for the source's operation; 38 

# •
•
•• (8) A statement granting an operating permit bythe board or

### secret~d any conditions that theboard orsecretarymayimposeto ensure compliance withthe act and/Clean AirAct;**~** I (9) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements ofthe act

## ~- anfCleanAirAct; (10) Monitoring and relatedrecordkeeping and reporting requirements; (11) A severability clause to ensure the continued validity of the various permit requirements ifanyportions ofthepermit are challenged; and (12) Provisions statingthe following: (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, permit termination, • revocation and reissuance, er medifieatien permit revision, or 

### fer denial of a permit renewal application; (b) The operating permit maybe 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 exclusiveprivilege; and (d) Thepermittee shall provide any information, includingrecords, requested inwriting

## ~ by the department to determine *(cause exists for medifying revising, revoking and reissuing, reopening, orterminatingthepermitorto 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. GeneralAuthority: 

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

### 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 applicationhas 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 operatingpermitissuance. Source: 

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

### 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 maybe 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, orpermitmodification. 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

### ~"' immediatelyupon notifying the department. The department shall determine-4£/an administrative**~** permit amendment is applicable to the proposed revision within 15 days ofreceiving a request for a permit revision. The department shall issue administrative permit amendments without the proceduralrequirements applicable to obtaining aa operating!!permitmodification. 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 bythe secretary. A source may request a minor permit amendment under §§ 74:36:04:20.02 to 74:36:04:20.04, inclusive,
41for a change that does not constitute a modification and is not prohibited under any applicable requirementunder TitleI ofthe Clean AirAct. 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 afterreceipt ofa complete application for the amendment: (1) Issue theminorpermit amendment as proposed; (2) Denythe minorpermit amendment application; or (3) Determine that the requested minor permit amendment shouldbeprocessed as apermit 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 minorpermit amendments without theprocedural requirements applicable to obtaining an operating.!!permitmodification. Source: 21 SDR 119, effectiveJanuary5, 1995; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. 42 

# •
•
•

# •
•
• LawImplemented: 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 ofthe operatingpermit orthe department determines that the operatingpermitmustberevised to assure**~/** 

# - compliance with the applicablerequirements ofthis article and the Clean Air Act. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. LawImplemented: 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 ofthis article or nonpayment of any outstanding enforcement penalty. Source: 19 SDR 157, effectiveApril22, 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 airpollution sources thatmeets the following: 43(1) 

### Involve the same or substantially similar types ofoperations; (2) Require the same or similartype ofair emission limits; and (3) Require the same or similarrecordkeeping and monitoring. If a general permit has been issued by the secretary, all sources covered by the general permit shall apply for permission to operate under the general permit. Such sources may not

# ~strucdr operate until they are granted coverage under the general permit, or until they obtain an individual permit ifrequired bythe secretary. Source: 

### 30 SDR 26, effective September 1, 

### 2003. GeneralAuthority: 

### 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.

CHAPTER74:36:05

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 OPERATINGPERMITS FORPART 70 SOURCES



### Applicability. Pefl'l'l:it Part 70 operating permitrequired. Sources required to obtain aPart 70 operatingpermit. PSD or NSRpreeoHstnletioH ]9efl'l'l:itreqmred. Repealed. Sources exempt from obtaining a Part 70 operatingpermit. Insignificant activities. Transferred. Standard for issuance ofa Part 70 operatingpermit. 74:36:05:06.01 Fees required for operating permit. 74:36:05:07 Time period for operatingpermits and renewals. 74:36:05:08 Timely and complete application for operatingpermitrequired. 74:36:05:09 Complete application. 74:36:05:10 and 74:36:05:11 Transferred. 74:36:05:12 Required contents ofcomplete application. 74:36:05:13 Applicantrequired to supplement or correct application. 74:36:05:14 Repealed. 74:36:05:15 Deadline for final action onpermit application. 74:36:05:16 Statement ofbasis for recommended permit conditions. 74:36:05:16.01 Operatingpermitrequirements. 4574:36:05:17 Publicparticipationinpermittingprocess. 

# • 74:36:05:18 Public and affected statereview ofdraftpermit. 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 EPAreview ofPart 70 operatingpermit. 74:36:05:21 EPAobjection to issuance ofoperatingpermit. 74:36:05:21.01 Departmentresponse to EPAobjection. 74:36:05:22 Departmentfailure to meet EPA objection deadline. 74:36:05:23 Publicpetitionto EPAonthe 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 Permitrenewal. 74:36:05:30 Permitflexibility. 74:36:05:31 Permit amendment -- Applicationrequired. 74:36:05:32 Administrativepermit amendmentrequired. 74:36:05:33 Procedure for administrativepermit amendments. 74:36:05:34 Minorpermit amendmentrequired. 74:36:05:35 Requirements for minorpermit amendments. 74:36:05:36 Application for minorpermit amendment. 74:36:05:37 Notification ofEPAand affected states required. 

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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 Departmentdeadlineto approve minorpermit amendment. Permitmodifications. Reopening operatingpermitfor cause. Procedures toreopenpermit. Reopeningpermit for causebyEPA. EPAreview ofproposeddetermination. Department failure to submitproposed determination. Repealed. Permit termination, modification, revocation, and reissuance by department. Notice ofoperatingnoncompliance -- Contents. Circumvention ofemissions not allowed. Petition for contested caseon allegedviolation. Repealed. Federal enforceability ofpermit conditions. General permits. Secretarymayrequire anindividualpermit.

74:36:05:01. Applicability. The requirements ofthis chapter apply to all Part 70 sources relfl:lirea to obtain a Part 70 operatingpermit.

47Source: 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 ofair pollutants into the ambient air or any equipment which prevents or controls the emission ofair pollutants into the ambient air until the applieable preeoastruetioa a construction permit, PSD preconstruction permit, NSR preconstruction permit, or Part 70 operating permithas been issued bytheboard orthe 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 operatingpermitrequired, § 74:36:05:08. 74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required to obtain a Part 70 operatingpermitincludethe following: 

# •

48

# • (1) Anymajor source; (2) Any source, including an area source, subject to a standard orregulation promulgated under§ 111 ofthe CleanAirActunless otherwise specified in§ 74:36:07; (3) Any source, including an area source, subject to a standard orregulation promulgated under § 112 ofthe Clean Air Act, except for a source that is solely subject to the regulations or requirements of§ 112(r) orunless otherwise specified in § 74:36:08; (4) Anyaffected source subjectto Title IV ofthe CleanAirAct; and (5) Any source in a source category designated by the administrator ofthe EPA through the CleanAirActpursuantto TitleV ofthe Clean AirAct. 

### 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 ofthe 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.

49Source: 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 operatingpermit: (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 roed the source is notre iredto**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 January2, 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 preconstructionpermit orNSRpreconstruction permit: (I) One or more incinerators ofless than 100 pounds perhour combined burning capacity that combustmunicipal orhousehold waste; (2) A mobile intert}.al combustion engine, including engines in autos, trucks, tractors, airplanes, locomotives, and boats; 

# • (3) Laboratory equipment used exclusivelyfor chemical orphysical analysis; (4) A devise or apparatus unit that has a heat input capability ofnot more than 3,500,000 Btusperhour, except for units fueled withwood orcoal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, orpavingparking lots; (7) A unit that has the potential to emit two tons orless per year ofany criteriapollutant before the application ofcontrol equipment. A UB:it ma-y E:ot be eoE:siaerea iE:sigillfieaE:t ifa state owever the criteria ollutant emissions from the unit must be included indeterminin · 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 unitm\notbe considered insignificant if a state orfederal 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 applicabilityoforto impose an applicablerequirement. Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effectiveJanuary2, 2005. General Authority: SDCL 34A-l-6, 34A-l-21. 

# • LawImplemented: SDCL 34A-l-12, 34A-l-21. 74:36:05:06. Standard for issuance ofa Part 70 operating permit. A Part 70 operating permit for a :aew source orpermit Hl:oaifieatioa revision maybe issued onlyifithasbeen shown that the operation ofthe :aew source orpermit 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 ofthe 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 conditionsjustifiedunder SDCL 34A-1-19. Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May21, 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, effectiveJune 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 operatingpermit fet: and the owner oroperator ofa source with a Part 70 souree operatingpermit 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. GeneralAuthority: 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 ofthe Clean Air Act shall be for a fixed term o,t: v1years. Operating 

### i permits for all Part 70 sources shall be issued for a period up to five y ars)and all subsequent 

### ;f, operatingpermits shall be for a period offive years. A permit issued for a s d waste incinerator subjectto therequirements of§ 129(e) ofthe CleanAirAct shallbe for a period notto exceed 12 years and shallbereviewedbythe department everyfive 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: SDCL34A-1-6, 34A-1-21, 34A-1-24. 

# • LawImplemented: SDCL34A-1-21, 34A-1-24. 

### 74:36:05:08. Timely and complete application for operating permit required. A personwho owns oroperates a Part 70 sourcerequired tohave an operatingpermitmust submit a timely and complete application. An application is timely ifit meets the time limits specified in this section. An application is complete if it meets the requirements in §§ 74:36:05:12 and 74:36:05:13. Thetime limits are set as follows: (1) A source applying for its initial Part 70 operating permit 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 ofthis section, begiflfliag aema.J eoastmetioa means the initiation of physieal, oasite eoastmetioa, reeoastmetioa, or moaifieatioa aetivities oR a Hfl-it or ehange in method ofoperation 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 ofthe emission units**~** Q} A Part 70 source applying for renewal of an operating permit must submit a complete application six months beforethe date ofpermit expiration. Ifa source submits a timely and complete application for renewal ofa permit, the terms and conditions ofthe existingpermit remain in effect until the renewal permithas been issued or denied. This right to operate pending action on an application is extinguished ifthe applicant fails to submit on time the information • identified in§ 74:36:05:12;**~** .{±} Part 70 sources required to obtain approval under§ 112(g) ofthe Clean Air Act or te have a PSD preconstruction permit or NSR preconstruction permit nnaer the preeoastmotioa review program aaaerpart C or D ofTitle I ofthe Clean Air Aetmust 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. Ifan existing operatingpermit for a Part 70 source would prohibit such construction or the change in operation, the source must obtain a the applicable construction permit, PSD preconstructionpermit, or NSR preconstruction permitmoffifieatios. 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 ofthe effective date ofEPA's approval ofthe state's 

### § 111(d) plan required in the Clean AirAct. 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. GeneralAuthority: SDCL 34A-l-6, 34A-l-21. LawImplemented: 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 ofthe source orpermit modification.
applicatio within 60 days after its receipt and shall notify the applicant in writing ofits determination. Ifthe 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 ofthe application, the department may request, in writing, additional information necessaryto evaluate ortake 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 ofan incomplete notification orrequest for additional information to submit the refii1:1ested information, unless an extension beyond the 20 working days is approved bythe department. The department shall determine the adequacy of the applicant's response to each incomplete item within 20 days after receipt ofthe response and shall notifythe applicant inwriting ifthe application is oris not complete. Once a designated representative submits a timely and complete acid ram permit application, the owners or operators ofthe affected source and the affected units covered bythe 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 duringthepermittingprocess. 

# ·t\' 

# - Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 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 ifdifferent from the companyname, the owner's name and agent, andtheplant site manager or contact; (2) A plant description in terms ofthe processes and products identified by the Standard Industrial Classification Code, 1987, including any associated with each alternate scenario identifiedbythe source; (3) Thefollowing 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 suchunits are exempt; (b) Identification and description ofall emissionpeintsunits described in subsection (a) of this subdivision in sufficient detail to establish the basis for fees and the applicability of • requirements ofthe CleanAirAct; (c) Emissions rates in total tons per year and in any other terms necessary to establish compliance consistentwiththe applicable standardreference testmethod; (d) Fuels, fuel use, rawmaterials, productionrates, and operating schedules; (e) Identification and description of air pollution control equipment and compliance monitoring devices or activities; (f) Limits on source operation affecting emissions or any work practice standards, as applicable for all regulated airpollutants; (g) For all pollutants regulated at the source, other information required by any applicable requirements including information related to stack height limits, such as the location 

# • 58

### • of emissions units, flow rates, building dimensions, and stack parameters, including height diameter, andplume temperature; and


# •
• (h) Calculations on which the items inthis subdivision arebased; (4) One copy of any prepared plans and the specifications of any equipment or other facilities thatmayaffectthe source, includingpollution control devices; (5) An abatement strategies plan, ifrequiredbychapter 74:36:03; (6) A signed and notarized certification ofapplicant form, as provided bythe department; (7) The results ofany air dispersion modeling or stack performance testing required bythe 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 ofsources contained in the definition ofmajor source; (10) A description of or reference to any applicable test method for determining compliance with each applicable requirement; (11) Any additional information that may be necessary to implement and enforce other requirements ofthe CleanAirAct orto determine the applicability ofsuch requirements; (12) An explanation ofany proposed exemptions from otherwise applicable requirements; (13) The use of standardized forms for acid rain portions of permit applications and complianceplans;

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 complianceplan that contains all ofthe following and is at least as stringent as that containedin anyjudicial consent decree or administrative orderto whichthe sourceis subject: (a) A description ofthe compliance status ofthe source for all applicable requirements, including applicable requirements that will become effective duringtheterm ofthe permit; (b) A description ofthe requirements for which the source is not in compliance at the time ofpermitissuance and a narrative description and a compliance schedule ofhow the source will achieve compliance with such requirements. The compliance schedule must include a statementthatprogress reports will be submitted at least once every six months; and (c) A statementthat the source will continueto demonstrate compliance with applicable • requirements; (16) A certification ofcompliance by a responsible official that addresses all air pollution control requirements applicable to the source. A certification of compliance for an affected source subject to Title 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 certificationrequirement ofthe CleanAirAct and mustinclude: (a) A statement indicating methods used to determine compliance, including monitoring, recordkeeping andreportingrequirements, and testmethods; (b) A statement that compliance certifications will be submitted at least annually or at otherdesignated times for the duration ofthepermitto the department; (c) A statementthat the source is in compliancewith 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 orintermittent; and (e) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certificationrequirements ofthe Clean AirAct; (17) A certification by a responsible official ofthe truth, accuracy, and completeness of any application form, report, or compliance certification submitted to the department. This certification and any other required certification must statethat, based on information and belief formed after reasonable inquiry, the statements and information in the documents are true, accurate, and complete; and (18) Any otherinformation requested bythe department after submission ofan application • for a permit to operate a Part 70 source which is relevant to determine compliance ofthe source with the Clean 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, effectiveJanuary 5, 1995. GeneralAuthority: 

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

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

61Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies maybe obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no PB 87- 100012. Cost: $31. 74:36:05:16.01. Operating permit requirements. Each permitissued for the operation of a Part 70 source must contain: (1) The name ofthe person, company, political subdivision, agency, or institution granted apermit; (2) The type ofoperation; (3) The

## i*affi facility and mailing address; (4) The date the operatingpermit was granted and on which itwill expire; (5) A number for administrative reference; 

# (f>i

# A

# Th::~tod pmon "'offi='"poniDblofo< the "'"'""''' opomtion;

## t9-J---A...stat~anting an operating permit by the board or secretary and any conditions that theboard or secretarymayimpose 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 ofthe act an7Clean AirAct and includingthe following: 

# o/ (a) Thereference ofauthority for eachterm or condition; (b) The applicable requirements from the Clean AirAct and from Title IV requirements of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent and incorporatingbothinto thepermit; and 62 

# •
•
•

# • (c) Ifan alternative emission limit is approved in the state implementation plan (SIP), provisions to ensure that the alternative emission limit in the permit issuance, renewal, orpermit modification process has been demonstrated to be equivalent to the applicable emission limit in the state implementation plan and is quantifiable, accountable, enforceable, and based on replicableprocedures; (9) Monitoring and related recordkeeping and reporting requirements, consisting ofat least the following: (a) All emissions monitoring and analysis procedures, alternative approved methods or test methods required under the applicable requirements, including procedures and methods in § 

### 504(b) or 114(a)(3) ofthe CleanAirAct; (b) Ifthe applicable requirement does not require periodic testing or instrumental or • noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit. Such


# • monitoring requirements must assure use ofterms, test methods, units, averaging periods, and other statistical conventions consistent with the applicablerequirement; (c) As necessary, documentation of the use, maintenance, and if appropriate, installation ofmonitoring equipment ormethods; (d) Documentation ofthe following: (i) The date, place as defined m the permit, and time of sampling or measurements; (ii) The date ordates analyses were performed; (iii) The companyor entitythatperformed the analyses; (iv) The analytical techniques ormethods used; 63(v) 

### Theresults ofsuch analyses; and (vi) The operating conditions as existing at the time of sampling or measurement; (e) Recordkeeping andreportingrequirements that complywith the following: (i) Submission ofreports ofany required monitoring must occur at least every six months. Reports must clearlyidentify all deviations from permitrequirements and conditions. All required reports mustbecertifiedbyaresponsible official; and (ii) Deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations and any corrective actions or preventive measures taken must be promptly reported and certified by a responsible official; and 

# •

(f) 

### Requirements for retention ofmonitoring records and all supporting documentation • for at least five years from the date of the monitoring sample, measurement, report, or application; and (10) If applicable, a condition prohibiting emissions exceeding any allowances that the source lawfully holds, exceedances of applicable emission rates, and the use ofany allowance prior to the year for which itwas allocatedunderthe Title IV program ofthe Clean AirAct; (11) A severability clause asserting the continued validity ofpermit requirements if any portions ofthepermit are challenged; (12) Provisions stating the following: (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, permit termination,

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 necessaryto cease or reduce the permitted activityinorderto maintain compliance; (c) Thepermit maybemodified, revised, revoked and reissued, reopened, orterminated for cause.**E~<isting** permit eonditions 

### v1ill not be affeeted by the The filing ofa request by the permittee for a permit modifieation revision, revocation and reissuance, or termination or of a notification ofplanned changes oranticipated noncompliance does not stay any permit condition; (d) The permit does not convey property rights ofany sort or any exclusive privilege; and (e) Thepermittee mustprovide any information, includingrecords, requested inwriting • by the department to determine whether cause exists for modifying revising, revoking and reissuing, reopening, orterminatingthepermit orto determine compliance; (13) Terms and conditions for reasonably anticipated operating scenarios identified bythe source in its application and approved by the department. The terms and conditions mustrequire the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record ofthe scenario under which it is operating and must ensure that the terms and conditions ofeach such alternative scenario meet all requirements ofthe Clean AirAct; (14) Compliancerequirements that containthe 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
65consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted • annually from the date ofpermitissuance to the department and EPA; (b) Inspection and entryrequirements thatrequire the permittee to allow the department oran authorizedrepresentative to performthe following: (1) Enter upon the permittee's premises where a Part 70 source is located or emissions-related activityis conducted or whererecords mustbekept under the conditions ofthe permit; (2) Have access to and copy, at reasonable times, any records that must be kept undertheconditions ofthepermit; (3) Inspect at reasonable times any facilities, equipment, practices, or operations regulated orrequiredunderthe permit; and (4) As authorized by the Clean Air Act, sample or monitor at reasonable times • substances or parameters for the purpose of assuring compliance with the permit or applicable requirements; (c) A compliance plan in accordance with subdivision 74:36:05:12(15), including progress reports on noncompliance indicating the dates that compliance will be achieved or the dates that compliance was achieved as referred to in a schedule ofcompliance. The report must state an explanation for not attaining dates of compliance and must be submitted to the department semiannuallyormore frequently as requiredbythe department; and (d) A compliance certificationin accordance with subdivision 74:36:05:12(16); (15) A conditionrequiring a Part 70 source to payanyrequired 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 bythe applicable requirements ofthe CleanAir 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 withtherequirements in 40 C.P.R. Part 70.6(g) (Jli1y 1, 2(:)05 July 1, 2009); and (19) All applicable requirements ofthe 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 onthe draftpermit. The department shall publish the public notice on the draft permit once in a legal newspaper in the county where the source is located. The public notice must include the • following: 67

# • (1) A briefstatement describing the faeility source, including the name and address ofthe permittee; (2) The activity or activities involved inthe permit action; (3) The emissions change involved in any permit modification; ( 4) The department's recommendation andthereasons for it; (5) A statement that a person may submit comments or contest the draft permit within 30 days after publication ofthe notice. The statement shall also describe the procedures a person must follow to contest the draft permit and request a hearing in accordance with article 74:09; and (6) A statement describing where copies ofthe draft permit or other information may be obtained. 

# • The department shall provide to the interested parties a 30-day notice of any hearing to contest a draftpermit. 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 casehearingmustbein writing and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are notbased on applicable requirements ofthis article orthe requirements ofthe CleanAirAct. 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 effectivedate changed to March 15, 1995; 25 SDR 123, effectiveApril4, 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 ofthe end ofthe public commentperiod on a draft permit. The department shall notify, in writing, the applicant and each person or affected state that submitted written comments orrequested notice ofthe final permit decision. The notice shall include reference to the procedures for contesting the final permit decision and requesting a hearingin accordance with article 74:09. Forthe purpose ofthis section, the final permitdecision means proposing a aew, modified, orreaewed permit, denying apermit, orterminating a permit.

# ~~ The proposed aew, modified, or reB:ewed Part 70 operating permit wrtt{be submitted to EPA within 30 days ofnotifying the applicant and each person or affected state that submitted 

# •
69written comments or requested notification of the final permit decision except under the • following conditions: (1) A later effective date is specified inthe final permitdecision; (2) A contested casehearingis requested; or (3) No comments or request for changes in the draft permit were received during the public notice period on the draft permit. In this case, the draft permit automaticallybecomes the final permit decision and the proposed Part 70 operatingpermit is submittedto EPA. Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 125, effectiveFebruary9, 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 ofPart 70 operating permit. The department shall submit to EPA a copy ofeach permit application for an operating permit for a Part 70 sooree operating permit, including any application for g permitmodification at the time the application is received by the department, minutes of the proceedings of a contested case hearing, the draft permit, comments from the public or affected states on the draft permit and the department's response, the proposed Part 70 operating permit, and the final permit after EPA review. The department may, in agreement with EPA, submit a permit application summary form and any relevant portion ofthe permit application or complianceplan.

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. LawImplemented: 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 orjustify its position on the proposed Part 70 operating permit to EPA. Ifthe department decides to revise the proposed Part 70 operating permit, it shall 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 ermitmodification as a Ifthe EPA concurs with the revised proposed Part 70 operatingpermit or the department's justification, the department shall issue a final permit and submit it to the EPA. Ifthe EPA does not concur, theEPAisresponsible 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. 

# • LawImplemented: 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 submittedto the department. Source: 19 SD R 157, effective April 22, 1993. GeneralAuthority: SDCL34A-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 withoutrequiring a permit revision before the source makes those changes ifthe change is not a modification under any provision ofTitle I of the CleanAir 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 ofthe proposed changes. The source, the EPA, and the department shall attach each such notice to its copy oftherelevant permit.

# ~ Permitted sources maymake changes

## w~do not violate any applicable requirements or'f., contravene federally enforceable permit terms and conditions, such as monitoring, includingtest methodst'/ecordkeeping;- reporting;- pr compliance certification requirements. For each such !(

# ;r.

- }_ 

# - 72• change, the written notice must include a briefdescription ofthe change within the permitted facility, the date onwhich the change will occur, any change in emissions, and anypermitterm or conditionthat is no longer applicable as aresult ofthe change Ifa permit applicant requests it, the department must issue permits that contain terms and conditions, including all requirements under § 74:36:05:16.01, allowing for the trading of increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent ofotherwise applicable requirements. The permit applicant must includeinits permit application theproposed 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 inemissions will complywith the terms and conditions ofthepermit. Source: 19 SDR 157, effectiveApril22, 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 canbe applied for at anytime bythe applieant's submittal ofan application. The applicationmust 

# • 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



### =itrunondmont o' ennitmodifiooti 

### n' ) 

## >I Source: 19 SDR 157, effective April22, 1993. 

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

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

### 74:36:05:32. Administrative permit amendment required. An administrative permit amendment maybe issued for a revision to a permit meeting the requirements of§ 74:36:01:03. An application for an administrative permit amendment shall contain a description ofthe change and documentation supporting the applicant's claim the revision qualifies as an administrative • permit amendment. 

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

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

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

### 74:36:05:38. Department deadline to approve minor permit amendment. +he department may Hot issao a fiHal miHor poFHl:it amendment wtil after EPA's 45 day rO'iiow or l:lfltil EPA, has aotifiod tho departrflent iliat EPA will aot objest 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 ofEPA's 45-dayreview period, whichever is later: (1) Issue the minorpermit amendment as proposed; (2) Denythe minorpermit amendment application; (3) Determine that the requested minorpermit amendment should beprocessed as apermit 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 minorpermit amendmentuntil after EPA's45- day review or until EPA has notified the department that EPA will not object to the issuance of the minor permit amendment. The source mayimplement a proposed revision that is considered a minorpermit amendment seven days after submitting a complete application. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21. 74:36:05:41. Procedures to reopen permit. Reopening a permit shall follow the 

# • procedural requirements to issue an initial permit and shall affect only those parts ofthe permit 75for 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. LawImplemented: SDCL 34A-1-21. 74:36:05:42. Reopening permit for cause by EPA. Within 90 days after EPAnotifies the department and permittee that cause exists to terminate, modify revise, or revoke and reissue a permit, the department shall submit to EPA a proposed determination of termination, • moaifieatiofl revision, orrevocation and reissuance. Source: 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:44. Department failure to submit proposed determination. Department failure to submit a proposed determination within the 90-dayperiod in§ 74:36:05:42 orfailure to resolve the objection in § 74:36:05:43 will result in termination, 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 hearingbyEPA onthe proposed action. Source: 19 SDR 157, effective April22, 1993. GeneralAuthority: 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 ofthe Clean Air Act orthis article or for nonpayment ofa fee. Invalidation ofthe acid rain portion of an operating permit does not affect the continuing validity of the rest of the • operating permit, nor does invalidation of any other portion ofthe operating permit affect the continuing validity ofthe acid rain portion ofthepermit. 

# • 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 mayissue a general permit to a category of airpollution sources thatmeets the following: (1) Involve the same or substantially similartypes ofoperations; (2) Require the same or similartype ofair emission limits; and
77

### (3) Requirethe same or similarrecordkeeping andmonitoring. 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

# ~ construcdroperate until they are granted coverage under the general permit, or until they obtain an individual permit ifrequired bythe 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.



### CHAPTER74:36:07 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 ofperformance for fossil fuel-fired steam generators. Standards ofperformance for electricutility steam generators. Standards of performance for industrial, commercial, and institutional steam generatingunits. Standards of performance for small industrial, commercial, and institutional steam generating units. Standards ofperformance for incinerators. 74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators constructed on orbefore June 20, 1996. 74:36:07:06.02 Standards ofperformance for hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. 74:36:07:07 Standards ofperformance for municipal waste combustors. 74:36:07:07.01 Standards ofperformance 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 ofperformance for portland cementplants. Standards ofperformance for asphalt concreteplants. Repealed. Standards ofperformance for storage vessels ofpetroleum liquids constructed after June 11, 1973, and beforeMay 19, 1978. Standards ofperformance for storage vessels ofpetroleum liquids constructed after May 18, 1978, andbefore July24, 1984.
7974:36:07:14

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 ofperformance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July23, 1984. Standards ofperformancefor sewage treatmentplants. Standards ofperformance for coal preparationplants. Standards ofperformance for grain elevators. Standards ofperformance for stationarygas turbines. Standards ofperformance for lime manufacturingplants. Standards ofperformance for metallicmineral processingplants. Standards ofperformance for pressure-sensitive tape and label surface coating operations. Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicals manufacturing industry. 74:36:07:22.01 Standards ofperformance for equipment leaks ofVOC 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 afterNovember 7, 2006. Standards ofperformance for bulkgasoline terminals. Standards ofperformance for new residential woodheaters. Standards ofperformance for petroleum drycleaners. Standards ofperformance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations. Standards ofperformance for nonmetallic mineral processingplants. Standards ofperformance 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 Operatingrequirements for wirereclamation 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 ofperformance for calciners and dryers inmineral industries. Existingmunicipal solid waste landfill. Plan submittalbyexisting municipal solid waste landfills. Collection system. Control system. Compliance schedule for existingmunicipal solid waste landfills. Existing municipal solid waste landfill operational standards for collection and control systems. Existing municipal solid waste landfill complianceprovisions. Existing municipal solid waste landfill monitoring provisions. Existingmunicipal solid waste landfillreporting andrecordkeeping. 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 ofperformance for new municipal solid waste landfills. Standards ofperformance for nitric acid plants. Standards ofperformance for sulfuric acid plants. Standards ofperformance for petroleumrefineries. 8174:36:07:46.01 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 ofperformance for secondarylead smelters. Standards ofperformance for secondarybrass andbronzeproductionplants. Standards of performance for primary emissions from basic oxygen process furnaces for which construction commenced afterJune 11, 1973. Standards ofperformance for secondary emissions from basic oxygen process steelmaking facilities for which construction commenced after January 20, 1983. Standards ofperformance forprimarycopper smelter. Standards ofperformance for primaryzinc smelter. Standards ofperformance for primarylead smelter. Standards ofperformance for primary aluminum reductionplant. Standards ofperformance for wet-process phosphoric acid plant. Standards ofperformance for superphosphoric acid plant. Standards ofperformance for diammonium phosphateplant. Standards ofperformance for triple superphosphateplant. Standards ofperformancefor granulartriple superphosphate storage facility. Standards ofperformance for ferroalloyproductionplant. Standards of performance for electric arc furnaces and argon-oxygen decarburizationvessels constructed afterAugust 17, 1983. Standards ofperformance for kraftpulp mills. Standards ofperformance for glass manufacturingplant. 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 ofperformancefor surface coating ofmetal furniture. Standards ofperformance for lead-acidbatterymanufacturingplant. Standards ofperformance for automobile and light duty truck surface coating operations. Standards ofperformance for phosphaterockplants. Standards ofperformance for ammonium sulfatemanufacture. Standards ofperformance for industrial surface coating -- Large appliances. Standards ofperformance for metal coil surface coating. Standards of performance for asphalt processing and asphalt roofing manufacture. Standards ofperformance for beverage can surface coating indu Standards ofperformance for rubbertiremanufacturi Standards of performance for volatile polymer manufacturing industry. Standards ofperformance for flexible vinyl andurethane coating and printing. Standards ofperformance for equipmentleaks ofVOC inpetroleumrefineries. 74:36:07:76.01 Standards ofperformance for equipment leaks ofVOC in petroleum refineries. 74:36:07:77 74:36:07:78 74:36:07:79 74:36:07:80 Standards ofperformance for synthetic fiber productionfacility. Standards ofperformance for VOC emissions from synthetic organic chemical manufacturing industry air oxidationunitprocess. Standards ofperformance for equipment leaks ofVOC from onshore natural gas processingplant. Standards ofperformance for onshore natural gasprocessing. 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 ofperformance for wool fiberglass insulationmanufacturingplant. 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 ofperformance for polymeric coating ofsupporting substrates facility. Standards ofperformance for small municipal waste combustion units for which construction commenced after August 30, 1999, or modification or reconstruction commenced after June 6, 2001. Standards ofperformance for commercial and industrial solid waste incineration units for which construction commenced after November 30, 1999, or modificationorreconstruction 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 ofperformance 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 ofthe 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 ofperformance for fossil fuel-fired steam generators are those in40 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, 852000; 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: SDCL34A-1-18. 74:36:07:03. Standards of performance for electric utility steam generators. The standards ofperformance 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 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:04. Standards ofperformance for industrial, commercial, and institutional steam generating units. The standards of performance for industrial, commercial, and institutional steam generatingunits are those in40 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, effectiveJune 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, effectiveJune 13, 2007. 

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

### Law Implemented: SDCL 34A-1-18. 87

# • 74:36:07:06. Standards ofperformance for incinerators. The standards ofperformance for incinerators are thosein 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 ofa 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 ofa hospital/medical/infectious waste incinerator constructed on or before June 20, 1996, that decides to comply with the requirements ofthis section shall submit a compliance plan within six months ofstateplan approval that meets the following deadlines: (1) Submit a Part 70 operating permit application and design drawings ofthe air pollution control deviceto the departmentwithin one year ofstateplan approval; (2) Submit a copy ofthe purchase order or other documentation indicating an order has • been placed for the major components ofthe air pollution control device within 15 months of state plan approval; (3) Begin initiation of site preparation for installation ofthe air pollution control device within 2 years after state plan approval; ( 4) Complete installation ofthe air pollution control device within 30 months after state plan approval; and (5) Conduct aperformance testwithin 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 oneyear 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. GeneralAuthority: 

### 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, effectiveJune 13, 2007. General Authority: 

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

### SDCL 34A-1-18. 

# •
90

# •
•
• 74:36:07:07. Standards of performance for municipal waste combustors. The standards ofperformance 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, effectiveNovember 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 January2, 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 orreconstructed after June 19, 1996, are those in40 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. 91Law 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 ofperformance 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 

# •
•
•

# •
• GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:07:12. Standards of performance for storage vessels of petroleum liquids constructed afterJune 11, 1973, and before May 19, 1978. The standards ofperfonnance for storage vessels ofpetroleum 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 ofperfonnance for 93

### storage vessels ofpetroleum 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 ofperformance 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 ofperformance 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 SDR209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. General Authority: SDCL34A-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 SDR209, effectiveJune 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 ofperformance 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).

97Source: 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 ofperformance 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. LawImplemented: SDCL 34A-1-18. 74:36:07:21. Standards of performance for pressure-sensitive tape and label surface coating operations. The standards ofperformance 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 January2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:22. Standards ofperformance for equipment leaks ofVOC in the synthetic • organic chemicals manufacturingindustry. The standards ofperformance 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, effectiveJune 13, 2006; 33 SDR217, effectiveJune 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:

# \~

# ""' GeneralAuthority: SDCi:'S. LawImplemented: SDCL 34A-1-18. or modification commenced after November 7

74:36:07:23. Standards ofperformance 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 

# •

100

# • 74:36:07:24. Standards of performance for new residential wood heaters. The standards ofperformance 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 SDR209, effective June I3, 2006; 33 SDR2I7, effective June 13, 2007. 

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

### Law Implemented: SDCL 34A-I-I8. 

# • 74:36:07:25. Standards ofperformance 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 I57, 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, effectiveJune 13, 2006; 33 SDR217, effective June 13,2007. • 

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

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

### 74:36:07:27. Standards of performance for nonmetallic mineral processing plants. The standards ofperformance 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 ofperformance 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 SDR209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. 

# • GeneralAuthority: 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 ofperformance 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, effectiveJune 13, 2006; 33 SDR 217, effective June 13, 2007. 

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

### LawImplemented: 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, effectiveJune 13, 2006; 33 SDR217, effectiveJune 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 ofperformance for calciners and dryers in mineral industries are those in40 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 sinceNovember 8, 1987, orhas additional • design capacityavailable 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 inmegagrams orcubic meters. Densityconversions mustbe documented and submitted with thereport; and (3) The landfill has a nonmethane organic compound emissionrate of50 megagrams a year or more. The calculation ofthe 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 emissionrate. 

# •

105Source: 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 ifit is equivalent to ormeets 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 equivalentto ormeets one ofthefollowing 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 percentbyweight; 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 permillion as hexanebyvolume, drybasis atthree percent oxygen, orless. 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. GeneralAuthority: 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 in40 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. 107GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:40. Existing municipal solid waste landfill compliance provisions. Theowner 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. Existingmunicipal 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. GeneralAuthority: 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 ofan existing municipal solid waste landfill that meets the requirements of§ 74:36:07:34 shall meetthereporting 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 ofthe effective date ofEPA's approval ofthe 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). 109Source: 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, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18 74:36:07:43. Standards ofperformance 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, ormodification for purposes ofthis 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. GeneralAuthority: 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, effectiveJune 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 in40 C.P.R.§§ 60.100 to 60.108, inclusive, (My 1, 200e July 1, 2009). 

### Source: 33 SDR 217, effectiveJune 13, 2007.

' 

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

# • Law Implemented: SDCL 34A-l-18. 11174:36:07:46.01. Standards of performance for petroleum refmeries for which construction, reconstruction, or modification commenced after May 14, 2007. The standards ofperformance for petroleum refineries for which construction, reconstruction, or modification commenced after May 14,2007, are those in40 C.P.R.§ 60, Subpart Ja, (July 1,2009). Source: GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:47. Standards ofperformance 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, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:07:48. Standards of performance for secondary brass and bronze production plants. The standards ofperformance for secondarybrass and bronzeproductionplants are those in40 C.F.R. §§ 60.130 to 60.133, inclusive, (July 1, 2006 July l, 2009). Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-l-6. 112 

# •
•
•

# •
•
• LawImplemented: 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, effectiveJune 13, 2007. 

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

### LawImplemented: 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 ofperformance for basic oxygen process steelmaking facilities are those in 40 C.F.R. §§ 60.140ato 60.145a, inclusive, 

### (JHly 1, 2006 July 1, 2009). 

### Source: 33 

### SDR 217, effective June 13, 2007. 

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

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

### 74:36:07:51. Standards ofperformance 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). 113Source: 33 SDR 217, effectiveJune 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. GeneralAuthority: 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. GeneralAuthority: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:56. Standards ofperformance 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 11574:36:07:57. Standards of performance for diammonium phosphate plant. The standards ofperformance 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:58. Standards of performance for triple superphosphate plant. The standards ofperformance 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:59. Standards of performance for granular triple superphosphate storage facility. The standards ofperformance for granular triple superphosphate storage facilities are those in40 C.F.R. §§ 60.240 to 60.244, inclusive, 

### (Jffiy 1, 2006 July 1, 2009). Source: 33 SDR 217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. 116 

# •

# • Law Implemented: SDCL 34A-I-18. 74:36:07:60. Standards ofperformance 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 SDR217, effective June 13,2007. General Authority: SDCL 34A-I-6. LawImplemented: 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 ofperformance for electric arc furnaces and argon-oxygen decarburization vessels are those in40 C.P.R. §§ 60.270a 

# • to 60.276a, inclusive, (Jtdy 1, 2QQ6 July l, 2009). Source: 33 SDR217, effective June 13,2007. General Authority: SDCL 34A-l-6. LawImplemented: 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, 2006July I, 2009).

117Source: 33 SDR217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:63. Standards ofperformance 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. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:07:64. Standards of performance for surface coating of metal furniture. The standards ofperformance for surface coating ofmetal furniture are those in40 C.F.R. § § 60.310 to 60.316, inclusive, (July 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:65. Standards of performance for lead-acid battery manufacturing plant. The standards ofperformance 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 ofperformance for automobile and light duty truck surface coating operations. The standards ofperformance 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. LawImplemented: 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 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

119

### 74:36:07:68. Standards of performance for ammonium sulfate manufacture. The • standards ofperformance 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 ofperformance for industrial surface coating oflarge appliances are those in40 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 ofperformance 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 in40 C.P.R. §§ 

### 60.470 to 60.474, inclusive, (Jl:lly 

### 1, 2006 July 1,

### 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:72. Standards of performance for beverage can surface coating industry. The standards ofperformance 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:73. Standards ofperformance for rubber tire manufacturing industry. The standards ofperformance 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. GeneralAuthority: SDCL 34A-1-6. 121

### LawImplemented: 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, effectiveJune 

### 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 

# •

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and • printing. The standards ofperformance 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, effectiveJune 

### 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum refmeries. The standards ofperformance for equipment leaks inpetroleumrefineries 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. 

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

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

### 74:36:07:76.01. Standards ofperformance for equipmentleaks ofVOC in petroleum refmeries. The standards ofperformance 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. 

### LawImplemented: 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. 

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

### LawImplemented: 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 ofperformance 123for synthetic organic chemical manufacturing industry air oxidation unit processes are those in40 C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 2009 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:79. Standards of performance for equipment leaks of VOC from onshore natural gas processing plant. The standards ofperformance for equipment leaks from onshore natural gas processingplants are those in40 C.F.R. §§ 60.630 to 60.636, inclusive, (July I, 2009 July 1, 2009). Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:80. Standards of performance for onshore natural gas processing. The standards ofperformance 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, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 124 

# •
•
•

# • 74:36:07:81. Standards ofperformance 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:82. Standards ofperformance for VOC emissions from petroleum refmery wastewater system. 

### The standards ofperformance 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:83. Standards of performance for industrial surface coating -- Surface coating ofplastic parts for business machines. 

### The standards ofperformance 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

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

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

### 74:36:07:84. Standards of performance for polymeric coating of supporting substrates facility. The standards ofperformance for polymeric coating ofsupporting substrates facilities are those in40 C.P.R.§§ 60.740 to 60.748, inclusive, (July 1, 2006 July 1,2009). 

### Source: 33 

### SDR 217, effective June 

### 13, 2007. 

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

### LawImplemented: 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, SubpartAAAA (J1:1ly 1, 2006 July 1, 2009). 

### Source: 33 

### SDR 217, effectiveJune 

### 13, 2007. 

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

### LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 ofperformance for other solid waste • incineration units are those in40 C.F.R. § 

### 60, SubpartEEEE (July 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:88. Standards of performance for stationary compression ignition internal combustion engines. The standards ofperformance 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 

# 0JTTfT • ) Source: 33 SDR217, 

### 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 ofperformance 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 SDR217, 

### 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: SDCL34A-l-18. CHAPTER74:36:08 NATIONAL EMISSIONSTANDARDS FORHAZARDOUS AIRPOLLUTANTS

Section 74:36:08:00 74:36:08:01 74:36:08:02 Administrator defined. General provisions -- National emission standards for hazardous airpollutants. Emission standards for asbestos airpollutants. 74:36:08:02.01 Emission standards for equipmentleaks (fugitive emission sources) ofbenzene. 74:36:08:02.02 Emission standards forbenzene 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 AirAct sections 112(g) and 112(j). 74:36:08:04 National perchloroethylene air emission standards for drycleaning facilities.

12974:36:08:05 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 negotiatedregulations for equipment leaks. National emission standards for chromium emissions from hard and decorative chromium electroplating and chromium anodizingtanks. National emission standards for ethylene oxide emissions from sterilization facilities. National emission standards for industrial process coolingtowers. National emission standards for gasoline distribution facilities (bulk gasoline terminals andpipelinebreakout 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 

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•

# •
•
• 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 routingto a fuel gas system or aprocess. 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 cementmanufacturing industry. National emission standards for hazardous air pollutants for pesticide active ingredient production. National emission standards for the printing andpublishingindustry. 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 aluminumproduction. National emission standards for publicly owned treatmentworks. National emission standards for solvent extraction for vegetable oil production. National emission standards for paper and otherweb coating. National emission standards for municipal solid waste landfills. National emission standards for surface coating ofmetal furniture. National emission standards for integrated iron and steel manufacturing National emission standards for brick and structural clay products

13174:36:08:34 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 ofmiscellaneous metal parts and products. National emission standards for reinforcedplasticcompositesproduction. National emission standards for stationarycombustion turbines. National emission standards for stationary reciprocating internal combustion engines. National emission standards for industrial, commercial, and institutional boilers andprocess heaters. National emission standards for polyvinyl chloride and copolymers production. National emission standards for coke ovenbatteries. National emission standards for pulp and paperindustry. National emission standards for group Ipolymers and resins. National emission standards for epoxy resins production and non-nylon polyamides production. National emission standards for secondarylead smelting. National emission standards for phosphoric acidmanufacturingplants. National emission standards for phosphate fertilizers productionplants. National emission standards for petroleumrefineries. 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 aluminumreduction plants. National emission standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemicalpulp 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 regenerationplants. 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 ofamino/phenolic resins. National emission standards forpolyetherpolyols production. National emission standards for primarycopper smelting. National emission standards for primarylead smelting. National emission standards for petroleum refineries -- Catalytic cracking, catalyticreforming, and sulfurrecoveryunits. National emission standards for ferroalloy production -- Ferromanganese and silicomanganese.
13374:36:08:69 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 ofnutritional 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 matproduction. National emission standards for surface coating of automobiles and light duty trucks. National emission standards for surface coating ofmetal cans. National emission standards for surface coating oflarge appliances. National emission standards for printing, coating, and dyeing of fabrics and othertextiles. National emission standards for surface coating ofplasticparts and products. National emission standards for surface coating ofwoodbuildingproducts. National emission standards for surface coating ofmetal coil. National emission standards for leatherfinishing operations. National emission standards for celluloseproducts manufacturing. National emission standards for boatmanufacturing. National emission standards for rubbertire manufacturing. National emission standards for limemanufacturingplants. 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 

# •
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•

# •
•
• National emission standards for siteremediation. National emission standards for miscellaneous coatingmanufacturing. National emission standards for mercurycell 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 manufacturingfacilities. National emission standards for taconite iron ore processing. National emission standards for refractoryproducts manufacturing. National emission standards for primarymagnesiumrefining. 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 secondarycopper smelting area sources. 74:36:08:102 National emission standards for primarynonferrous metals area sources-- Zinc, cadmium, andberyllium. 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. 13574:36:08:107 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:II0 National emission standards for carbonblackproduction 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. 74:36:08:113 National emission standards for lead acidbatterymanufacturing area sources. 74:36:08:II4 National emission standards for wood preserving area sources. 74:36:08:II5 National emission standards for clay ceramicmanufacturing 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 

# •
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•

# • 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-19. 

# • 74:36:08:02. Emission standards for asbestos air pollutants. The emission standards for asbestos airpollutants are those in40 C.F:R. 

### § 61, SubpartM (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. 

# • GeneralAuthority: SDCL 34A-l-6. 137

### LawImplemented: 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. GeneralAuthority: 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 evessels are those in

# ;t.

Source: GeneralAuthoritv: SDCL 34A-1-6. LawImplemented: 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

# • GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:02.04. Emission standards for benzene waste operations. The emission SubpartFF (July 1, 

### 2009). Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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~ II 

### )-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, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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-RJB

# 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 SDR217, effectiveJune 13, 2007. 

### GeneralAuthority: 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. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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, SubpartF (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. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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 141operations, and wastewater. The national emission standards for organic hazardous air pollutants from synthetic organic chemical manufacturing industryprocess 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. GeneralAuthority: 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 thosein40 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, effectiveJune 13, 2006; 33 SDR 217, effectiveJune 13, 2007. General Authority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. 

# • LawImplemented: 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 abath 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. GeneralAuthority: 

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

### SDCL 34A-1-6, 34A-1-19. Cross-Reference: 

### Operatingpermits 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. GeneralAuthority: 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 January2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 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, effectiveJune 13, 2006; 33 SDR 217, effective June 13, 2007. 

### GeneralAuthority: 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 in40 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.

### GeneralAuthority: 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 in40 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. 2006July 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. @.lQeQto 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: 

### 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. GeneralAuthority: 

### 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

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

# • LawImplemented: 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. GeneralAuthority: SDCL 34A-l-6. 

# • LawImplemented: 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. GeneralAuthority: 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 SDR209, effective June 13, 2006; 33 SDR217, 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 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

### GeneralAuthority: 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, SubpartMMM (Jl-lly 1, 200€iJuly 

### 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, effectiveJune 

### 13,2007. GeneralAuthority: SDCL 

### 34A-1-6. LawImplemented: 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, effectiveJune 

### 13, 2007. General Authority: SDCL 

### 34A-1-6. LawImplemented: 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 ifthe unit is not >1

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 in40 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 SDR209, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, SubpartRRR (Jllly 1, 2006 July 1, 2009). 153Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 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, SubpartVVV 

### (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 SDR217, 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 ofvegetable 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, effectiveJune 13, 2006; 33 SDR217, 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 SDR209, effectiveJune 13, 2006; 33 SDR217, 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 in40 C.P.R. §§ 93.1930 

# t

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR217, 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 ofmetal furniture. The ·onal emission standards for surface coating of metal furniture are those in**40~.F.R**. 

# • §§ 93.4880 to 93.4981, iBelusive, 63, SubpartRRRR (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, effectiveJune 13, 2007. 

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

### LawImplemented: 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, effectiveJune 13, 2007. 

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

### LawImplemented: 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 arethose 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 SDR217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL34A-1-6, 34A-l-19. 74:36:08:35. National emission standards for flexible polyurethane foam fabrication
oper

## ti~se in40 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 SDR217, 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 SDR217, 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. Thenational emission standards for surface coating ofmiscellaneous 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 SDR217, effectiveJune 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 SDR217, effectiveJune 13, 2007. 

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

### Law Implemented: SDCL34A-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, SubpartYYYY-(July 1, 2009 July 1, 2009). \ 

### Source: 32 SDR209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. 

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

# • LawImplemented: 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, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13,2007. 

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

### Law Implemented: SDCL34A-1-6, 34A-1-19. 

# •
15974:36:08:41. 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. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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<roopolymern

# prod~·)**~** are those in40 .F.R. §§ e3.210 to e3.217, iaelusi¥e, 63, SubpartJ 

### (JHly 1, 2006 July 1, 2009)./////. Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: 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, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. 

# •
160

# • LawImplemented: 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, W96July 1, 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 in40 C.P.R.§ 63, SubpartW, (Jaly 1, 2009 July 1, 2009). 

# • Source: 33 SDR 217, effective June 13, 2007. 161

### GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:49. National emission standards for phosphate fertilizers productionplants. 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. GeneralAuthority: SDCL 

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

### 34A-1-18. 74:36:08:50. National emission standards for petroleum refmeries. The national emission standards for petroleumrefineries are those in

### 40 C.P.R. § 

### 63, Subpart CC (July 1, 2009 July l,

### 2009). Source: 33 SDR

### 217, effectiveJune 

### 13, 2007. GeneralAuthority: SDCL 

### 34A-1-6. LawImplemented: 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, SubpartDD (July 

### 1, 2009 July l,

### 2009). Source: 33 SDR

### 217, effective June 

### 13, 2007. GeneralAuthority: SDCL 

### 34A-1-6. LawImplemented: 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). 163Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL34A-1-6. LawImplemented: SDCL34A-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 semichemicalpulp mills are those in40 C.F.R. § 63, SubpartMM 

### (lely 1, 2009 July 1, 2009). Source: 33 SDR 217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.

164 

# •
•
•

# •
•
• 74:36:08:55. National emission standards for ethylene manufacturingprocess 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18.

chievable control technology standards are those in40 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. 165GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, SubpartJJJ (J1:Ily 

### 1, 2006 July l,

### 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 

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

### 34A-1-18. 74:36:08:64. National emission standards for polyether polyols production. The national emission standards for polyetherpolyols production are those in

### 40 C.F.R. § 

### 63, Subpart PPP (JHly 1, 2006 July 1, 

### 2009). Source: 33 SDR

### 217, effectiveJune 

### 13,2007. GeneralAuthority: SDCL 

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

### 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 sulfurrecovery units at petroleum refineries are those • in40 C.F.R. § 63, SubpartUUU (July 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL34A-1-6. LawImplemented: 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 SDR217, effectiveJune 13, 2007. 169GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:69. National emission standards for the manufacture of nutritional yeast. The national emission standards for the manufacture ofnutritional 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 

# •

74:36:08:70. National emission standards for plywood and composite woodproducts. • 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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).

170 

# •

# •
•
• Source: 33 SDR217, 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 thosein40 C.P.R. §63, Subpart PPPP (Jt!ly 1, 2006 July 1, 2009). 

### Source: 33 SDR217, 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 in40 C.P.R. §63, SubpartHHHH (July 1, 2006 July 1, 2009). 

### Source: 33 SDR217, effectiveJune 13, 2007. 

### GeneralAuthority: 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 ofautomobiles and light dutytrucks are thosein40 C.P.R. § 63, SubpartIIII (July 1, 2006 July l, 2009). 171

### Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:75. National emission standards for surface coating of metal cans. The national emission standards for surface coating ofmetal 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:08:76. National emission standards for surface coating oflarge appliances. The national emission standards for surface coating oflarge appliances are those in 40 C.F.R. § 63, SubpartNNNN (Jtdy 

### 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18.

172 

# •
•
•

# •
•
• 74:36:08:77. National emission standards for printing, coating, and dyeing offabrics and other textiles. The national emission standards for printing, coating, and dyeing offabrics and othertextiles arethose in40 C.F.R. § 63, Subpart 0000 (July 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 ofplastic parts and products are those in40 C.F.R. § 63, SubpartPPPP 

### (lely l, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 in40 C.F.R. § 63, Subpart

### QQQQ (July 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 17374:36:08:80. National emission standards for surface coating of metal coil. The national emission standards for surface coating ofmetal coil are those in 40 C.F.R. 

### § 63, Subpart SSSS (JHly 1, 2006 July 1, 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, effectiveJune 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, SubpartUUUU (Jffiy 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-1-6. 174 

# •
•
•

# • 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 SDR217, effective June 13, 2007. General Authority: SDCL 34A-l-6. LawImplemented: 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, effectiveJune 13, 2007. 175GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 in40 C.P.R.§ 63, SubpartEEEEE (July 1, 2006 July l, 2009).

176 

# •

# •
•
• Source: 33 SDR 2I7, effective June I3, 2007. General Authority: SDCL 34A-I-6. LawImplemented: 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. LawImplemented: 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, effectiveJune 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). 177Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 in40 C.P.R. § 63, Subpart 

### KKKKK (July 1, 2009 July 1, 2009). Source: 33 SDR217, effectiveJune 13,2007. GeneralAuthority: SDCL34A-1-6. LawImplemented: 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 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18.

178 

# •
•
•

# •
•
• 74:36:08:94. National emission standards for hydrochloric acid production. The national emission standards for hydrochloric acidproduction are those in40 C.F.R. § 63, Subpart NNNNN 

### (JHly 1, 2006 July 1, 2009). 

### Source: 33 SDR217, 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. Thenational emission standards for friction materials manufacturingfacilities are those in40 C.F.R. § 63, Subpart QQQQQ**(J~:dy** 1, 2006 July 1, 2009). 

### Source: 33 SDR217, effective June 13, 2007. 

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

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

### 74:36:08:96. 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 SDR217, effectiveJune 13,2007. 

### GeneralAuthority: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:98. National emission standards for primary magnesium ref'ming. The national emission standards for primarymagnesium 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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.. 

### §

180 

# •
•

k

# •

# •
•
• Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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 SDR217, effective June 

### 13, 2007. 

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

### LawImplemented: 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: GeneralAuthority: SDCL 34A-l-6. 

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

# •
182