(2) External offsets or those emission limitations from sources not owned, operated, or • controlledbyan applicant for apermit shall be made through a revision ofthepermit conditions oftheparticipating source or sources. Atno timemaythe baselinebe exceeded; (3) The permissiblelocation ofoffsetting emissions shall be conducted in accordance with 40 C.P.R., Part 51, Appendix S, section IV.D (July 1, 2003 July 1, 2009); (4) For an existing fuel combustion unit, credit shall bebased onthe emission limit for the type offuel being burned at the time the application to construct is filed. Ifthe existing source agrees to switch to a cleaner fuel at some future date, emission offset credits based on the allowable or actual emissions for the fuels involved may be allowed only ifpermit conditions specify an alternative control measure that would achieve the same degree ofemission reduction • ifthe source switchedbackto the dirtier fuel at some later date; (5) Emission reductions achieved by shutting down an existing unit or curtailing production or operating hours below baseline levels may be credited if the reductions are permanent, quantifiable, federally enforceable, and the area has a federally-approved attainment plan. In addition, the shutdown or curtailed production must occur after August 7, 1977, or less than oneyearbefore the date ofsubmittingthe permit application, whichever is earlier. Emission reductions may be credited in the absence of a federally-approved attainment plan if the shutdown or curtailment occurred on or after the date the application is filed for a new unit or if the applicant can establish that the proposed new unit is a replacement for the shutdown or 

# •
202• curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one yearbeforethe date ofsubmittingthepermit application, whichever is earlier; (6) Except as set forth in 40 C.F.R. § 51.165(a)(3)(ii)(D) (Jmy 1, 2003 July l, 2009), emission offset credit maynotbe allowed for replacing onehydrocarbon compound with another oflesserreactivity; (7) Creditfor emissionsreductionmaybe claimedtotheextentthatthe department has not relied on it in issuing a permit or in its demonstration of attainment or reasonable further progress; 

# • (8) Ifthe emissions limit allows greater emissions than thepotentialto emitofthe unit, the emission offset creditis allowed onlyfor the control below thepotential to emit oftheunit; (9) Decreases in actual emissions resulting from the installation of add-on control technology or application ofpollution prevention measures that were relied upon in designating an emissions unit as a clean unit or a project as a pollution control project may not be used as offset; (10) Decreases in actual emissions occurring at a clean unit may not be used as offsets, except as providedin40 C.F.R. § 51.165(c)(8) and (d)(lO) (July 1, 2003 July 1, 2009). Similarly, decreases in actual emissions occurring at a pollution control project maynotbe used as offsets, 

# • except asprovidedin40 C.F.R. § 51.165(e)(6)(iv) (fuly 1, 2003 July 1,2009); and 203(11) All emissionreductions claimed as offset creditmust befederally enforceable. Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and 44:10:01:17, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, effective May21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:01:15, 74:26:01:16.01, and 74:26:01:17, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21, 34A-1-22. 74:36:10:08. Projected actual emissions. Any owner or operator who proposes a project for existing emissions units at a major stationary source that is not considered a major modification based on projected actual emissions but may result in a significant emission increase shall comply with the requirements in 40 C.F.R. § 51.165(a)(6)(i) to (v), inclusive, (My 1, 2003 July 1, 2009). This section does not apply to projects at a cleanunit or at a source with a plant-wide applicabilitylimit. The owner or operator shall make the information required to be documented in 40 C.F.R. § 51.165(a)(6)(i) to (v), inclusive, (July 1, 2003 July 1, 2009) availableforreview upon arequest for inspectionbythe secretary or the general publicpursuant to the requirements contained in 40 C.F.R. §70.4(b)(3)(viii) (July l, 2003 July 1, 2009). 204 

# •
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•

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•
• Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:10:09. Clean unit test for emission units subject to lowest achievable emission rate. A clean unit test maybeused to determine whether an emission increase at a clean unit is part of a project that is a major modification according to the provisions in 40 C.P.R. § 51.165(c)(1) to (c)(9), inclusive, (Jl:lly 1, 2003 July 1, 2009). Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January2, 2005. General Authority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:10:10. Clean unit test for emission units comparable to lowest achievable emission rate. A clean unit test may be used to determine whether an emission increase at a clean unit is part ofa project that is a majormodification for a cleanunit that does not qualify as a clean unit under § 74:36:10:09, but is achieving a level of emission control comparable to lowest achievable emission rate as determined bythe secretary in accordance with the provisions in 40 C.P.R.§ 51.165(d)(2) to (d)(11), inclusive, (Jl:lly 1, 2003 July 1, 2009). Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiveJanuary2, 2005. General Authority: SDCL 34A-1-6. 205

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

### 74:36:11 PERFORMANCE TESTING

Section 74:36:11 :01 Stackperformance testing or othertestingmethods. 74:36:11:02 Secretarymayrequireperformancetests. 74:36:11:03 Notice to department ofperformancetest. 74:36:11:04 Testingnew fuels orrawmaterials.



### 74:36:11:01. Stack performance testing or other testing methods. All stack performance tests or other test methods must bemade in accordance with the applicable method specified in 40 C.F.R. § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendix A; and Part 51, Appendix M (all J1:1ly 1, 2005 July 1, 2009). 

### Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:05:01, 7 SDR4, effective July27, 1980; transferred from§ 44:10:05:01, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 206 

# •
•
•• 170, effective May 13, 1991; transferred from §§ 74:26:05:01, 19 SDR 157, effective 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, effectiveJanuary 2, 2005; 32 SDR209, effectiveJune 13,2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.

Section 74:36:12:01 74:36:12:02 74:36:12:03 CHAPTER74:36:12 CONTROL OFVISIBLE EMISSIONS

Restrictions onvisible emissions. Exceptions to restrictions. Exceptions granted to alfalfapalletizes ordehydrators.

74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may not discharge into the ambient air from a single unit ofemissions an air pollutant of a density equal to or greater than that designated as 20 percent opacity, as established by the

207Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (Jwy 1, 2005 • July 1, 2009). Source: SL 1975, ch 16, § 1; transferred from§ 34:10:03:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:03:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:03:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or operator ofa facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into the ambient air an air pollutant ofa density no greater than 30 percent opacity, as established by the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July I, 2005 July 1, 2009). Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13,2006. GeneralAuthority: SDCL 34A-1-6. 208 

# •
•

# • Law Implemented: SDCL 34A-1-6. CHAPTER74:36:13 CONTINUOUS EMISSION MONITORING SYSTEMS

Section 74:36:13:01 Secretarymayrequire continuous emissionmonitoring systems (CEMS). 74:36:13:02 Minimum performance specifications for all continuous emission monitoring systems. 

# • 74:36:13:03 Reportingrequirements. 74:36:13:04 Noticeto department ofexceedance. 74:36:13:05 Compliance determinedbydata from continuous emission monitor. 74:36:13:06 Compliance certification. 74:36:13:07 Credible evidence. 74:36:13:08 Compliance assurance monitoring.

74:36:13:02. Minimum performance specifications for all continuous emission monitoring systems. Minimum performance specifications for all continuous emission monitoring systems are those contained in40 C.P.R. Part 60, Appendix Band40 C.P.R.§ 60.13 • (July 1, 2005 July 1, 2009). 209Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12. 74:36:13:03. Reporting requirements. Owners or operators ofthose sources required to install continuous emission monitoring systems shall observe the reporting requirements contained in 40 C.P.R. §60.7 (Ju.-ly 1, 2005 July l, 2009). All records mustbemade available to the department onrequest. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12. 74:36:13:04. Notice to department of exceedance. Any emissions that exceed the standards listed in 40 C.P.R. Part 60 (July 1, 2005 July l, 2009) or this article that are detected through continuous emission monitoring systems (CEMS) must be reported to the department within the time constraints as determinedbythe secretaryin thepermitto operate.

210 

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•

# •
•
• Source: 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12. 74:36:13:06. Compliance certification. Notwithstanding any other provision in anyplan approved by the administrator, for the purpose of submission of compliance certifications an owner or operator may use monitoring as required under 40 C.F.R. § 70.6(a)(3) (Jwy 1, 2005 July 1, 2009) and incorporated into a federally enforceable operating permit in addition to any specified compliancemethods. Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January2, 2005; 32 SDR 209, effectiveJune 13, 2006. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12. 74:36:13:07. Credible evidence. Notwithstanding any other provision, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation ofaplan. Credible evidenceis as follows: (1) Information from the use ofthe following methods is presumptively credible evidence ofwhether a violationhas occurred atthe source: 211(a) A monitoring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) (lely 1, 2005 July 1, 2009) and incorporated in a federally enforceable operatingpermit; (b) Compliancemethods specified inthe applicable plan; and (2) The following testing, monitoring, orinformation gatheringmethods arepresumptively credibletesting, monitoring, orinformation-gatheringmethods; (a) Any federally enforceable monitoring or testing methods, including those in 40 C.F.R. Parts 51, 60, 61, and 75 (July 1, 2005 July 1, 2009); (b) Other testing, monitoring, or information-gathering methods that produce information comparable to that produced by any method in subdivision (1) or (2)(a) of this section. Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January2, 2005; 32 SDR209, effectiveJune 13, 2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.

212 

# •
•
•

# •
•
• 74:36:13:08. Compliance assurance monitoring. The owner or operator ofa unit that is subjectto 40 C.F.R. § 64.2 

### (Jl:lly 1, 2005 July 1, 2009), must comply with 40 C.P.R. §§ 64.1 and 64.3 to 64.10, inclusive, 

### (July I, 2005 July 1, 2009). Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effectiveJanuary2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12. CHAPTER74:36:16 ACID RAINPROGRAM

Section 74:36:16:01 General provisions. 74:36:16:02 Allowance system. 74:36:16:03 Reserved. 74:36:16:04 Continuous emissionmonitoring. 74:36:16:05 Nitrogen oxides emissionreduction.

21374:36:16:01. General provisions. The following provisions are incorporated by • reference: 40 C.P.R. §§ 72.2 to 72.85, inclusive, (Jaly 1, 2005 July l, 2009) except for the following definitions in § 72.2: Environmental Appeals Board, EPA trial staff, ex parte communication, hearing clerk, presiding officer, and state operating permit program and except for§§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, inclusive, 72.73, and 72.74. For the purposes ofthis chapter, "administrator" means the secretary ofthe departmel:lt, except for those authorities which cannot be delegated to the state, in which case "administrator" means the administrator ofthe Environmental ProtectionAgency. Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. 

# • GeneralAuthority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18. 74:36:16:02. Allowance system. The allowance system for the acidrainprogramis that in 40 C.P.R.§§ 73.1 to 73.53, inclusive, (July 1, 2005 July l,2009). Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18. 

# •

214

# •
•
• 74:36:16:04. Continuous emission monitoring. The continuous emission monitoring requirements for the acid rain program are those in40 C.F.R. §§ 75.1 to 75.67, inclusive, (Jl:ily 1, 200§ July 1, 2009) and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 (Jl:ily 1, 2005 July 1, 2009). Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18. 74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides em1ss10n reduction requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76.16, inclusive, (Jl:ily 1, 2005 July 1, 2009). Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.

215CHAPTER74:36:18 

# • REGULATIONS FOR STATE FACILITIES IN THE RAPID CITYAREA

Section 74:36:18:01 Definitions. 74:36:18:02 Applicability. 74:36:18:03 Permitrequired. 74:36:18:04 Timeperiod for permits andrenewals. 74:36:18:05 Required contents ofa complete application for a permit. 74:36:18:06 Contents ofpermit. 

# • 74:36:18:07 Permit expiration. 74:36:18:08 Renewal ofpermit. 74:36:18:09 Reasonably available control technologyrequired. 74:36:18:10 Visible emissions limitfor construction and continuous operation activities. 74:36:18:11 Exceptionto visible emissionlimit. 74:36:18:12 Notice ofoperatingnoncompliance-- Contents.

74:36:18:10. Visible emission limit for construction and continuous operation activities. The owner oroperator ofa state facility or state contractor maynot discharge into the ambient air from a fugitive source an air pollutant of a density equal to or greater than that • 216• designated as 20 percent opacityfor a series oftwo minute averages with a minimum ofa total of six minutes ofreadings. The Tennessee Visaal EmissioHs Method 1, as approved by EPA iH 4 0 C.F.R. 

### § 52.2220 (Jaly 1, 2001) The Environmental Protection Agency's Method 9 in 40 C.F.R Part 60 Appendix A (July 1, 2009) shallbeused to determine the opacity. Source: 28 SDR 178, effectiveJuly 1, 2002. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-47, 34A-1-49.

CHAPTER74:36:19 

# • MERCURY BUDGET TRADINGPROGRAM (Repealed)

SeotioH 74:39:19:01 GOHoral provisioHs. 74:39:19:02 DesigaatedrepresOHtative. 74:39:19:03 PefR'lits. 74:39:19:04 tk.JHial allooatioH ofmeroaryallowanoes. 

# • 74:39:19:05 SabmittiHgmeroary allmvanoe allooatioHs to the admiHistrator. 21774:39:19:09 Baselineheatill}3ut. 74:39:19:07 Allowance allocations for**e~<isting** l:lflits. 74:39:19:08 ·New lffiit set asiae account. 74:39:19:09 Allocation offfierCffi'y allowances froffi ne>.v anit set asiae account. 74:39:19:10 Mer6lll)'redaction accoant. 74:39:19:11 Allocation offfiercuryallowances froffi H!:ercury redaction account. 74:39:19:12 ApprO';al offfier6l:lf)' allowances froffi new anit set asiae accomt ana H!:er6l:lf)' redaction accol:lRt. 74:39:19:13 ,-\llowance tracking systeffi. 74:39:19:14 Allowance transfer. 74:39:19:15 Monitoring anarOf!orting.

74:36:19:91. CeHeral prw;isioHs. The following general provisions are incorporated by reference: 40 C.P.R.§§ 90.4102 to 90.4108, inelasive (Jaly 1, 2005). Saaree: 33 SDR 43, effective SOfltOHI:ber 18, 2009. CeHeralA,atharity: SDCL 34t'\ 1 9, 34A 1 18. LawlmplemeHted: SDCL 34A 1 18. 74:36:19:92. Designated represeHtative. The following aesignatea rOf!resentative provisions are incorporated by reference: 40 C.P.R. §§ 90.4110 to 90.4114, inclasive (fuly 1,

218 

# •
•
•

# •
•
• eer 18 200a. · SepteHr ' . SDR 4 3' effeetp;e SeaFee. 33 A 1 18. L 34A 1 a, 34a Fal +utheFity: SDC CeRe u Law lmfllemeRtetl: SDCL 34A 1 18.

e· 40 t dey refereHe . . . . ineorpora e . fO"lSIOllS are t< llo"'ing peffillt p • . +he «J v. 

### "''"'19'00' """"""· . 

### ·I 200S). a0 4124 ineffiswe (Jl:lly ' F R §§ 90.4120 to · ' 

## c..**~-**

eer 18 200a. SDR 43 effeetive Septem ' SeaFee: 33 ' A 1 18. L 34A 1 a, 34"" al +utheFity: SDC CeReF "" Law lmfllemeRtetl: SDCL 34A 1 18. amraal alloeations of lle,..aRees. The 

### •••• a- " tieR af meFeuq ·ear at'ld for 

### 19·04 

# "'""'ol "'''" · 2304 """'"P"l 

# 74,,., . . . . 2010 """"""2017 " • he eontro1 penod lfl . 11owaBees for t merewya :vear . 928 oanees per J • 2018 and thereafter, lS

eer 18 200a. . 3 SDR 43, effeetive Septear ' SaaFee. 3 18 al +uthaFity: SDC CeReF-"" (:;ie&eflll-A:HtlieFityf-S.l;)GL!rl3"f-,**4f~"T,.-,1c-ua'** 34 A 1 . DCL 34A 1 18. LawIBifllemeRtetl: g

. . ret:]Uiremems atlmiBistntaF. +he allaeatiaRs ta the

# ~ftWM~**"~** merewy . aeeordanee " 11 eations ln allowat'lee !b o

219§§ 74:36:19:07, 74:36:19:09, aru:l74:36:19:11 te the Mministrater efEPA are ineerperatea by • referenee: 40 C.P.R.§ 60.4141 (Jaly 1, 2005). SaaFee: 33 8DR 43, effeetive 86fltember 18, 2006. CeuenL\athaFity: 8DCL 34/, 1 6, 34A 1 18. La-w llllfllemeuted: 8DCL 34A 1 18. 74:36:19:()6. Baseliue heat iBpat. The baseline heat iflj3ffi, in millien Bms, asea with respeet te meroory allevlanee alleeatiens fer eaeh mereury baaget l:"lflit are ineerperatea by referenee: 40 C.P.R.§ 60.4142(a) (Jaly 1, 2005). SaaFee: 33 8DR 43, effeetive 86fltember 18, 2006. CeueFal AathaFity: 8DCL 34A 1 6, 34A 1 18. 

### La-w llllfllemeuted: 8DCL 34A 1 18. 74:36:19:()7. Allaw&Bee allaeatiaus faF existiug auits. The tetal amomt ef merSffi'y allmvanees fur B*:isting l:"lflits shall**e~al** 90 pereent of the annual mereary alloeations in §74:36:19:04 fur eontrol period in 2010 threagh 2014, ana 92 pereent for eentrol period in 2015 ana thereafter.• An B*:isting l:"lflit is defined as a merSi:H'Ybttagetttnit thathas established a baseline heat iflj3ffi in aeeoraanee with §74:36:19:06. Ifthere is mere than one**e~<isting** l:"lflit, the amomt of mereury allewanee is determined for eaeh**e~<isting** ttnit by mttltiplying the total amottnt of mereruy allewanees bythe ratie efthe baseline heat iflj3ffi efthe**e~<isting** ttnit to the total amottnt

220 

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•

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• ofbaseliae heat**tap~** 

### h arest "'hole allowaHee as . . . aad rmmdiag to t e ae n . A 

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### appropriate. So1:1ree:**~** ' 13 r 18 200€1. 33 

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### effeetive Septem**~:r** ' f"'T 34 A 1 €) 34A 1 18. I A tltority: 

### SDeLx" ' Ceaera ,..u 'DGI, 34 A 1 18. Law lmpiemeated:" ',

t 

### 1*"erto- lfl t 

### For eash GOllfO " 

### . d . 2010 

### aad thereafter, "t set aside aeeoua . . 74·?6·19:08. New I:IBI 

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# mere~ "1" ·" • " 6lf">.' 

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### SDR 43 

### effeetive SepteHre, f"'T 34 A 1 €) 34A 1 18. I A tltority: 

### SDeLx" ' Law Impiemea e .

t• of mereut'} ·t 1-4:36:19:09. t\lloea lOB ., .1 

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### s74·3€1·19:01.

### The merooryestga**~-er ~**  -r • • 221to have meFeury allowanees from the flOW lffiit set aside aeeomlt transferred to the meFoory 

# • allowanee traekiflg system 60I33:fllianee aeeount for the flSVI uflit startiflg with the lateF of the eofltrol period ifl 2010 or the first eofltrol period afteF the eofltrol period ifl whish the flOW lffiit eommeBees eoffiffiereial opeFatiofl. The mereurj allowaflee transferreq-uest mustbe submitted Ofl or before July 1 of the eofltrol f!OrioEi ifl whish the mereury allowanees are req-uested. The meFoory EiesigflateEi represefltative may req-uest meroory allowanees ifl an amouflt flOt eJ<eeeEiiflg the fl&W unit's total oooees ofmereury emissiofls for the eofltrol period ifl vihish the meroory allowanees are re<juestea. Ifthe req-uests(s) eJweeEl the meFeury allowaflees available ifl the Be>.v Hflit set aside aeeolffit for that eofltrol period, the amoHflt of meFSHf)' allowanee shall be aetefffiiBeEi for eashflew lffiit bymultiplyiflg the total amoufit ofmeFoory allowaflees bytheratio ofthe total oooees ofmeFoory emissiofls Ektriflg the eofltrol period from eash req-uest to the total ounees ofmereury emissiofl ofall sushreq-uests afla rolffiaiflg to the flearest whole allowanee as • appropriate. 

### ,'\aylffialloeateEi meFSUf)' allowaflees remaifliflg ifl the flew uflit set aside aeeouflt for the eooool f!erioEi shall bebaRked for future use. Saaree: 33 SDR 43, effeetive SeptOffibeF 18, 200€i.**Ge~~eral** AuthariJy: SDCL 34A 1 €i,34A 1 18. Law I1RJ3lemeated: SDCL 34A 1 18. 74:36:19:10. Mereury FeduetiaB aee9HBt. For eash eooool period ifl 2010 anathereafter, the seeretary shall estaelish a meFoory reEiuetiofl aeeouflt for meFoory allowanees. The merel:lf)' allowanees for the meFeury reEiuetiofl aeeouflt shall eq-ual five pereefit of the a1mHal meroory 

# •

222

# •
•
• allooatJ:ORS IR '8 • . . s 74·36:19:04 for ooRtrol pens

. a. 2015 ana thereafter. pens IH 

## a r 18 2006. . 33 8DR 43, effestive**8epteHV~Y** , CeaeFal,"- ..uthant}. ted· 8DCL 34A 1 18. Law lmJJlemea .

. " meFSUF) a · O"' 

### ""n atiaa 61: · · l:HHt orR " 

# 7,,,.,,.,11. ,..,, ...,..,,,"""...-. auotioa aoooUHt are**ara~** , duetiaa aeeeuat. JReFSUF) Fe , Uewaaees fFam



### · b

# t-'""'"- 1

### eflhe - ................. _, . 4 t 

### 90 ....... ,..... 

# "' . 4Mtlum"'""" e . ,. mit aslueve grea , ooatrol IS ,. ""'""" ..... , "'" . .., '"' that """'""" '"' '""""'

. . UHit or H&;, l:b .,

. as The merOffi'} f Haoommt 

### ''""'""""' .,..... , ..... . ' - lhe "'""""' '"'"''"' ., mersury allowance . .



### . n4tJ> lhe ,....... ,.. oon " Tho .. ......, a' r HOW UHit startmg " a eH aemORStfatett. 

# "" "' 

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. 

### . • "' vfflioh '"' .. 

# -trol.oo....

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# s"~Ymi cu , allowances allo"'aaoe traasfer refiF tEs) eJtoeea the mer 4) d • estea. If the reEtUes 

### J erioa the amOUR a ,the ratio 

# ...,obi,"'"'',....... , .........,"'"""""" ) a:vaJ . 1 . the total amouflt o

. . "t aaa/oraew U:nit bymultJp YJRg t I effioieHoies ofall suoo 

### ,.,..,.. '""- ..of""""' st to the SUHL. I effioieHoy for areque ofthe mercury ooRtro 223reqt!ests aHa FOl:lHffiHg te the Hearest whole allowaHee as aJ3propriate. ldT)' l:ll'lalloeatea merel:H)' •

. to th trol period shall aeaal'lkea fer allowanees remaiHiHg iH the meremyredl:letioH aeeol:ll'lt «Jre eoH futm:e 1:1se. SeuFee: 33 8DR 43, effeetive 8eptefl'll3er 18, 2006· CeaenlAuthority: 8DCL 34A I 6, 34A I I8. Law**Im~lemeated:** 8DCL 34A 1 18.**.4-~~Fa\<al** sf meFeU:f1' allewaaees fFam aew uait set aside aeeeuat aad meFeuFy Feduebaa aeeaua · e 

### etJ the Hew l:ll'lit set aside aeeol:ll'lt aHa merel:lf)' reauetioH aeeol:ll'lt aHa traHsfer meFGl:ll)' allowanees to the merGl:H)' allowanee traekiRg system GOHl:flliaE:ee aeeol:ll'lt fer eaeh eoE:trol period pmsuant to suell req-1:1ests as fellov;s: (1) The aepartmoH:t 

### ·.vill aeeept afi allowaHee alloeatioE: reEJUest fer the Rev; l:lflit set aside aeeol:lflt OE:ly if the FeqtleSt meets, Of is aajl:lstea ay the aepartmeflt as E:eeessary to meet, the reqtliremel'lts or§ 74:36:19:09;

· t fer the mereury redl:letioR (2) The aepartfl'lel'lt will aeeept aE: allowanee alloeatioH reEJues

. . _, a th G rtfl'leflt as Heeessary to meet, the aeeol:ll'lt oHly if the reqt!est meets, or IS aGJHsteuyeepa reEJI:liremel'lts of§ 74:36:19:11; (3) The aepartfl'lel'lt will aetermiE:e the Sl:lfl'l of the mer6l:H)' alloWaHGes reqtleStea, as 

# •

adjl:lste- IE: aeeor aHee rrl · · · . a. 

### 1i '""th §§ 74"36·19·09 aHa 74:36:19:11, fer the eoE:trol period aHa transtler •

224

# •
•
• system 60ffiflliaaee . allowaflee traekiRg ropriate mereffi)

,,, 0 ..,,,,

# "'""'""'""wluoh '"' . 4 

# <I..,..,_, that -•"' 

# """""'"

.

# ~

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# . "' Rt "'ill Ratify eae traasferree to e f4) The Elepartme ;r • llo"'aaees that are

# ~ 7 f mer6l:lry !V .. 

### tion ,._. of""' - o ·-"""'' ,.,..., fo• 

### 11.,...... """'"

# ~ ""'.. a w • allowaaee d 0onatee reprosell: ; mer6l:lf)' ttOSl""'. tati"OS mOFSffi) the eoRtrol pOFlo e ' d kvthe request. · El 0'·erett t1J

. erOOOF 18, 2009. . 3 8DR 43, effeetlve Sept CeaeralAuthant}. Lawllllfllemeated: 8DCL 34A 1 18. I · system allowaaee traei:IRg h followiRg ·

### s~·stem. T 0 

### 1 1 ee traek-mg iRelasi·re (hry ' 74:38:19:13. AUawaa 

### ss 90.4151. to 90.4157, · 40 C.R.R.**~~** t El by refereRee. .sioRs are iReorpora e prov1

Sauree:33 ' . tember 18, 2009. 8DR 43 effeetlve 8ep 1 9 34 A 1 18. h ity· 8DCL 34A,u Lawllllfllemeate : 

### t< ro"isioRs are allo'+YaRee**traas~r** p ; The followiRg



### ............ ""l 7,,..,,.,,..

# Allew..... 0 4161 inslusiv. (July 

### 1'

# ,~ . . C P.R.§§ 90.4190 to 9 . , t El bvreforeRee. 40 . iReorpora e J

. tember 18, 2009. . 3 8DR 43, effeetiVe 8ep Sauree. 3 225CeoenlAatheFity: SDCL 34A 1 6, 34A 1 18. LawliHJJlemeoted: SDCL 34A 1 18. 74:36:19:1S. MeoiteFiHg aod FepeFting. The following monitoring ana F6j30rting provisions are ineoffJoratea by reference: 40 C.F.R. 

### §§ 60.4170 to 60.4176, inclusive (July 1,

SeaFee: 33 SDR 43, effective September 18, 2006. CeoenlAatheFity: SDCL 34A 1 6, 34A 1 18. LawliHJJlemeoted: SDCL 34A 1 18. 

### CHAPTER74:36:20 CONSTRUCTION PERMTIS FORNEWSOURCES ORMODIFICATIONS 74:36:20:01 Applicability. 74:36:20:02 Constructionpermitrequired. 74:36:20:03 Constructionpermitexemption. 74:36:20:04 Emission unitexemptions. 74:36:20:05 Standardfor issuance ofconstructionpermit. 74:36:20:06 Timely andcomplete application for a construction permitrequired. 74:36:20:07 Required contents ofcomplete application for a constructionpermit• 74:36:20:08 Applicantrequiredto supplement orcorrect application. 226 

# •
•
•

# •
•
• 74:36:20:09 Permitapplication -- Completeness review. 74:36:20:10 Time periodfor department's recommendation. 74:36:20:11 Publicparticipationin permittingprocess. 74:36:20:12 Publicreview ofdepartment's draftpermit. 74:36:20:13 Finalpermitdecision-- Notice to interested persons. 74:36:20:14 Rightto petitionfor contested case hearing. 74:36:20:15 Contents ofconstructionperrriit. 74:36:20:16 Administrativepermitamendment. 74:36:20:17 Procedures for administrative permit amendments. 74:36:20:18 Reopening construction permitfor cause. 74:36:20:19 Procedures to reopen construction permit. 74:36:20:20 Construction permitdoes notexemptfrom otherrequirements. 74:36:20:21 Expirationofa constructionpermit. 74:36:20:22 Notice ofconstructing oroperatingnoncompliance -- Contents. 74:36:20:23 Petition for contested case on allegedviolation. 74:36:20:24 Circumvention ofemissions not allowed. 74:36:20:01. Applicability. The requirements ofthis chapter apply to the construction of all new sources ormodifications to existing sources. Source: GeneralAuthority: SDCL 34A-l-6, 34A-1-21. 

### LawImplemented: SDCL 34A-1-21. 227

# • 74:36:20:02. Construction permit required. A personmaynot construct, install, modify, or operate any source or unit likelyto cause the emission ofairpollutants into the ambient air or any equipment which prevents orcontrols the emission ofair pollutants into the ambient airuntil a constructionpermithasbeen issuedbythe boardorthe secretary. Source: General Authority: SDCL34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:20:03. Construction permit exemption. The following new sources or modifications to an existing source are exemptfrom obtaining a constructionpermit: (1) A new source or modification to an existing source meeting the requirements of § • 74:36:09; (2) A new source or modification to an existing source meeting the requirements of § 74:36:10; (3) A new source or modification to an existing source authorized under a general permit; (4) A sourcethat meets the exemptionrequirements in§§ 74:36:04:02.01 and 74:36:05:04. Source: General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-1-21. 

# • 228

# • 74:36:20:04. Emission unit exemptions. 

### The following emission units are exempt from inclusion in a construction permit unless the source has requested federally enforceable permit conditions related to the emission unit to avoid needing a Part 70 operating permit, PSD preconstruction permit or NSR preconstruction permit or the emission unit is applicable to a standard in§§ 74:36:07 or74:36:08: (1) 

### One ormore incinerators ofless than 100 pounds perhour combined burning capacity that 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 unit that has aheat input capability ofnot more than 3,500,000 Btus perhour, except • for units fueled with wood or coal;


# • (5) An 

### air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, orpavingparkinglots; (7) A unit that has the potential to emit two tons or less per year ofany criteria pollutant before the application ofcontrol equipment. However, the criteria pollutant emissions from the unit must be included in determining ifthe source is required to obtain a construction permit; (8) A unit that has the potential to emit two tons or less per year of any hazardous air pollutant before the application of control equipment. However, the hazardous air pollutant

229emissions from the unit must be included in determining ifthe source is required to obtain a • construction permit. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:20:05. Standard for issuance ofconstruction permit. A construction permit for a new source or modification to an existing source maybe issued onlyifit has been shown that the operation ofthe new source or modification to an existing source will not prevent or interfere with the attainment or maintenance of an applicable national ambient air quality standard. Compliance with this requirement as determined by air pollution dispersion modeling shall not • be affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2009). Each new source ormodification to an existing source must comply with emission limits and other requirements ofthe act and Clean Air Act. The construction permit must include reasonable conditions, including adherence to plans and specifications, to assure compliance with the act, Clean Air Act, and any other conditions justifiedunder SDCL 34A-l-19. Source: General Authority: SDCL 34A-l-6, 34A-1-19, 34A-1-21. Law Implemented: SDCL 34A-1-21. 

# •

230

# • 74:36:20:06. Timely and complete application for a construction permit required. A person who constructs a new source or modification to an existing source required to have a construction permit shall submit a complete application to the department at least 180 days before the estimated date ofcommencing construction ofthe new source or modification to an existing source. An application is complete ifit meets the requirements in§ 74:36:20:07. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:20:07. Required contents ofcomplete application for a construction permit. An application for a construction permit for a new source or modification must submit the following • information to be considered a complete application: (1) The following general companyinformation: (a) The company name and address or the plant name and address ifdifferent from the companyname; (b) The owner's name and agent, and (c) Theplant site manager or contact; (2) A description ofthe plant and its processes and products; (3) The following information on emissions: (a) Identification and description ofall emission units; (b) Fuels, fuel use, raw materials, and productionrates; 

# • (c) Identification and description ofairpollution control equipment; 231(d) Limitations on source operation affecting emissions or any work practice standards, • where applicable, for all regulated airpollutants; (e) Other information required by any applicable requirements, including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height. diameter, and plume temperature, for all pollutants regulated at the source; (4) If available, a copy of any prepared plans and the specifications ofany equipment or other facilities which may affect the source, includingpollution control devices; (5) A signed andnotarized certification ofapplicant form; (6) Theresults ofany air dispersion modelingrequired bythe department; (7) Theresults ofany stackperformancetestingrequired bythe department; and (8) Any other information requested by the department which is relevant to determining • compliance withthe act or the Clean Air Act. The application must be signed by the responsible official or designated representative. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:20:08. Applicant required to supplement or correct application. Ifthe applicant is aware that the application is incomplete or that any relevant facts or information contained in an application are incorrect, the applicant shall submit the supplementary facts or corrected information. The applicant shall provide additional information as necessary to address 

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

# •

233

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

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

### SDCL 34A-1-21. 74:36:20:10. Time period for department's recommendation. 

### The department shall recommend issuance or denial ofa construction permit within 180 days after the submission ofa complete application and all other additional information necessary for the department to make an informed decision. A recommendation to issue a permit shall include a draft permit with • appropriate conditions to assure compliance with the act or Clean Air Act. Failure of the department to act on an application entitles the applicant to petition for and obtain a contested case review ofthe application without waiting for a department recommendation. The petition must conform to the requirements ofarticle 74:09. Source: General Authority: 

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

### SDCL 34A-l-21. 

# • 234

# •
•
• 74:36:20:11. Public participation in permitting process. The department shall mail a copy ofthe draft permit to the applicant. The department shall publish apublic notice ofthe draft permit once in a legal newspaper in the county where the source is located. The notice must include a brief statement describing the source and where it is located; the department's recommendation and the reasons for it; the activity or activities involved in the permit action; a statement that a person may submit comments orcontest the draft permit within 30 days after the publication ofthe notice; describe the procedures aperson must follow 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 interested parties a 30-daynotice ofany hearing to contest a draft permit. Source: General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 1-26-27, 34A-1-2l, 34A-1-30. 74:36:20:12. Public review of draft permit. During the public comment period, any interested person may submit written comments on the draft permit or request a contested case hearing. All comments will be considered in making a final permitdecision onthe draft permit as provided in § 74:36:20:13. A request for a contested case hearing mustbe in writing and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are not based on applicable requirements ofthis article orthe requirements ofthe Clean AirAct.

235Source: General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-l-21 74:36:20:13. Final permit decision -- Notice to interested persons. The department shall make its final permit decision within 30 days ofthe end ofthe public comment period on a draft permit. The department shall notify, in writing, the applicant and eachpersonthat submitted written comments or requested notice of the final permit decision. The notice shall include reference to the procedures for contesting the final permit decision and requesting a hearing in accordance with article 74:09. For the purpose ofthis section, the final permit decision means proposing apermitordenying a permit. The final permit will be issued within 30 days ofnotifying the applicant and each person that submitted written comments or requested notification of the final permit decision except under the following conditions: (1) A later effective date is specified inthe final permit decision; (2) A contested case hearing is requested; or (3) No comments or request for changes in the draft permit were received during the public notice period on the draft permit. In this case, the draft permit automaticallybecomes the final permitdecision and the final permit is issued at the end ofthe publicnotice period. Source: 236 

# •
•
•

# • GeneralAuthority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-l-21, 34A-1-30, 34A-1-34 74:36:20:14. Right to petition for contested case hearing. The applicant or interested person may petition the board and obtain a contested case hearing to dispute the department's draft permit. Any other person maypetition to intervene and request a hearing ifthe person has an interest affected by the department's draft permit. Such petitions must comply with the provisions ofarticle 74:09 and bereceived bythe department within 30 days after publication of the noticerequired by§ 74:36:20:11. The applicant or an interested person that comments on the draft permit may petition the • board for and obtain a contested case hearing to dispute the department's final permit decision.


# • Such petitions must comply with the provisions of article 74:09 and be received by the department within 30 days afterreceivingthe department's final permitdecision. Ifthe draft permit orthe final permit decision is contested, the department shall present the draftpermitor final permit decisiontotheboard for action in accordancewith article 74:09. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-l-21, 34A-1-30, 34A-1-34.

23774:36:20:15. Contents of construction permit. A construction permit shall include the • following: (1) The signature ofeither the secretary orthe chairman; (2) The name ofthe person, company, political subdivision, agency, or institution granted apermit; (3) Thetvoe ofoperation; (4) The facility and mailing address; (5) The date the constructionpermit was granted; (6) A number for administrative reference; (7) The timeline for submitting a timely and complete application for a minor source operatingpermit or Part 70 source operatingpermit; (8) A statement granting a construction permit by the board or secretary and any 

# • conditions that the board or secretary may impose to ensure compliance with the act and Clean AirAct; (9) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements ofthe act and Clean AirAct; (10) Monitoring, recordkeeping, and reporting requirements necessary to determine compliance with the construction permit; (11) A severability clause to ensure the continued validity of the various permit requirements ifanyportions ofthe permit are challenged; and (12) Provisions stating the following: 

# •

238

# •
•
• (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes aviolation and is grounds for enforcement action; (b) The construction permit does not convey any property rights of any sort or any exclusiveprivilege; and (c) The permittee shall provide any information, including records, requested in writing bythe department to determine compliance. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-l-21, 34A-1-30. 74:36:20:16. Administrative permit amendment. An administrative permit amendment may be issued for a revision to an operating permit meeting the requirements of§ 74:36:01:03. An application for an administrative permit amendment shall contain a description ofthe change and documentation supporting the applicant's claim the revision qualifies as an administrative permit amendment. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21 74:36:20:17. Procedures for administrative permit amendments. The source may implement a proposed revision that is considered an administrative permit amendment 239immediatelyupon notifying the department. The department shall determine ifan administrative • permit amendment is applicable to the proposed revision within 15 days ofreceiving a request for a permit revision. The department shall issue administrative permit amendments without the procedural requirements applicable to obtaining a constructionpermit. Source: General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-l-21 74:36:20:18. Reopening construction permit for cause. The department may reopen a construction permit for further review ifthe department determines that the permit contains a material mistake in establishing the emissions standards or limits or other requirements ofthe • construction permit or the department determines that the construction permit must be revised to assure compliance with the applicable requirements ofthis article and the CleanAirAct. Source: General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-1-21 74:36:20:19. Procedures to reopen construction permit. The department shall notifythe source at least 30 days before reopening a construction permit. The department may reopen a permit in a shorter time in an emergency. The procedures to reopen a construction permit shall 

# •

240• follow the procedural requirements to issue a construction permit and shall affect onlythose parts ofthe permit for which cause to reopen exist. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21 74:36:20:20. Construction permit does not exempt from other requirements. The issuance ofa construction permit for a new source or modification to an existing source does not exempt the new source or modification to an existing source from obtaining the applicable operating permit pursuant to § 74:36:04 or § 74:36:05 and to comply with the applicable • emission limitations orrequirement ofthe Clean AirAct. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21 74:36:20:21. Expiration of a construction permit. A construction permit expires ifthe construction ofthe new source or modification to an existing source has not commenced within 18 months after the effective date ofthe constructionpermit, ifconstruction is discontinued for a period of 18 months or more, or ifconstruction is not completed within ten years ofthe effective date. If a construction permit expires it terminates that applicant authority to commence 

# • construction orcomplete construction ofthe new source ormodification to an existing source. 241

# • Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:20:22. Notice ofconstructing or operating noncompliance -- Contents. Ifthe department determines that the construction or operation of a source is not in compliance with this article, the Clean Air Act, or permit conditions, the department may issue a notice ofsuch a finding to the permit holder or operator ofthe source. The notice must contain citations to the rules, statutes, or permit conditions violated and the alleged facts upon which the determination is based. The secretary, with the concurrence of the alleged violator, may settle an issue of noncompliance by entering into a compliance agreement with the source that specifies the date • for final compliance of the source and any penalties under SDCL 34A-1-39. If a compliance agreement can not be negotiated, the department may petition the chairman ofthe board for a contested casehearing ormayfile a civil penaltyor injunctive action in circuit court. Source: General Authority: SDCL 34A-1-6. Law Implemented: SDCL 1-26-20, 34A-l-53. 74:36:20:23. Petition for contested case on alleged violation. In accordance with § 74:36:20:22, the department may file a petition containing the information required in article 74:09 with the chairman to request an order directing corrective action, that an enforcement 242 

# •• hearing be scheduled pursuant to the provisions of chapter 74:09:01, or that the construction permitbe suspended orrevoked for noncompliance. Source: General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-47, 34A-1-49. 74:36:20:24. Circumvention ofemissions not allowed. Aperson maynotinstall or cause the installation or use of a device or a means which conceals or dilutes an emission of air pollutants that would otherwise violate this article or the Clean AirAct. This includes operating a source, unit, or control device which emits pollutants into the ambient air from an opening other • than the stack, vent, orequivalent opening from which they were designed tobeemitted. Source: GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 

# •
243

# •

This is a full copy ofthe rules in ARSD 74:36. This contains the sections that 

# • are and are not 

# being included, amended orrepealed. 

# •

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

# • 74:36:06 Regulated airpollutant emissions. 74:36:07 New sourceperformance standards. 74:36:08 National emission standards for hazardous 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 emissionmonitoring 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 74:36:19 74:36:20

Section 74:36:01:01 74:36:01:02 74:36:01:03 74:36:01:04 74:36:01:05 74:36:01:06 74:36:01:07 74:36:01:08 74:36:01:09 74:36:01:10 74:36:01:11 74:36:01:12 Regulations for state facilities inthe Rapid Cityarea. Mercurybudgettradingprogram, Repealed. Constructionpennits for new sources ormodifications

CHAPTER74:36:01 DEFINITIONS

Definitions. Repealed. Administrativepennit amendment defined. Affected states defined. Applicablerequirements ofthe CleanAirActdefined. Complete application defined. Repealed. Major source defined. Categories ofsources defined. Modification defined. National ambient air quality standard (NAAQS). Potential to emitdefined. 

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• 74:36:01:13 74:36:01:14 74:36:01:15 74:36:01:16 74:36:01:17 74:36:01:18 74:36:01:19 Process weight rate defined. Repealed. Regulated airpollutant defined. Responsible official defined. Repealed. Municipal solid waste landfill defined. Existingmunicipal solid waste landfill defined. 74:36:01:20 Physical change inorchangein the method ofoperation. 74:36:01:21 Commenced construction defined. 74:36:01:01. Defmitions. Unless otherwise specified, theterms used in this article mean: (1) "Act," chapter 34A-1 ofthe SouthDakotaCodified Laws; (2) "Acid rainpermit," a legallybinding written document orportion ofa document that is issued by the department and specifies the acid rain program requirements applicable to an affected source and to the owners and operators and the designated representative ofthe affected source; (3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program establishedin accordance withTitleIV ofthe Clean Air Act; (4) "Administrator," the administrator of the Environmental Protection Agency or the secretary of the Departmeffi of Effviroflffieffi aBd Natl:!ra-1 Resourees or their authorized representatives; 3(5) "Affected source," a source that includes one or more affected units under Title 

### N of • the CleanAir Act; (6) "Affected unit," a unit that is subject to any ofthe emission reduction requirements or emission limits pursuantto TitleIV ofthe CleanAirAct or chapter 74:36:16; (7) "Air pollutant," one or a combination ofthe regulated air pollutants listed in§ 74:36:0 (8) "Allowable emissions," the 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 chapter 74:36:08; (c) Any applicable emission limitations specified in this article, including those with a future compliance date; (d) The emissionrate specified as apermit condition; or (e) The applicable standards in 40 C.P.R. Part 60, 61, or63 (JHly 1, 2QQ5 July l, 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," the Board ofMinerals and Environment; (12) "Btu," Britishthermal unit; (13) "CO," carbonmonoxide; (14) "Chairman," chairman oftheboard; (15) "Clean Air Act," the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., as amended throughNovember 15, 1990; 4 

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•

# • (16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. L. No. 101-549,November 15, 1990; (17) "Control equipment," a device which prevents orreduces emissions; (18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead; (19) "Department," the SouthDakotaDepartmentofEnvironment andNatural 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 compliancewithpermits, permit applications, and • complianceplans for theunit; (21) "Draft permit," the version of a permit for which the department offers public participation oraffected 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 workpractice standards, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject; (23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a singleunit; 

# •

5(24) "Emission unit" or "Unit," any part or activity ofa stationary source which emits or • has the potential to emit a regulated air pollutant regtilated l:H1der or any pollutant listed under section 112{b) oftheaet Clean AirAct; (25) "EPA," the Environmental ProtectionAgency; (26) "Equivalent method," anymethod ofsampling and analysis for an air pollutant which has a consistent and quantitatively known relationship to the reference method under specified conditions; (27) "Existing source," a source thathas an approved state-issued variance orpermit; (28) "Facility," a building, structure, or installation ofpollutant-emitting activities which belong to the same industrial grouping, located on one ormore contiguous or adjacent properties and under the control of the same person or of persons under common control, except the activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial • grouping iftheybelong to the samemajor 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.F.R. §§ 60 and 61 (:ffily 1, 2005 July 1, 2009), requirements within the state implementation plan, and permit requirements establishedpursuantto this article or 40 C.F.R. §51 Subpart I (Jl:lly 1, 2005 July 1, 2009). Theuse ofthis term does not impede the department's authorityunder state law to enforce these limits and conditions; (30) "Final permit" the version ofan operating permit issued by the permitting authority for a source thathas completed all required review procedures; 6 

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# •
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• (31) "Fixed sapital sost," the sapitalneededto provide all depresiable soffi:fJonents;**~** 

### .Qll "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 orpowerbyindirectheat transfer;**~** .Q1). "Fugitive emissions," those air pollutants which could not reasonably pass through a stack, chimney, vent, orotherfunctionally equivalent opening; 

### fM1 Ql} "Generalpermit," a permitissuedbytheboardinaccordance with SDCL34A-l56 thatmaybemade 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, whicheveris greater;**~** 

### .Qil "Incinerator," a furnace used to burn solid waste to reduce the volume of the wastebyremovingits combustiblematerial; fJ+j 

## 00 "Malfunction," any sudden and unavoidable failure of air pollution control equipment orprocess equipment orofa process to operate in a normal orusual manner, butnot a failure caused entirely or inpartbypoor maintenance, careless operation, preventable equipment breakdown, or anyother cause withinthe control ofthe owner oroperator ofthe source;**~** Q1). "Minor source," a source whose potential emissions of a criteria pollutant are less than 100 tons a year and which does not meetthe definition ofa Part 70 source; (39) "Maaisipal type solid waste," as defined in 40 C.P.R. § 60.51a (Ally 1, 2005); (40) 

### QID. "New source," a source that has not been constructed and does not possess a permitoran approved state-issuedvariance;

7

### 8-1-j .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 thepollutant;**~** (40) "NSR," new sourcereview;**~** ffi} "Opacity," the degree to which emissions reduce the transmission oflight and obscurethe view ofan objectinthebackground; f44) (42) "Openburning," the burning ofany matter in such a manner that theproducts of combustion resulting from the burning are emitted directly into the ambient air without passage through a stack, duct, orchimney;**~** .(W "Operating permit," a written authorization issued by the board or the secretary for the eonstraetion oroperation ofa source;

## ~ (44) "Owner or operator," any person who owns, leases, operates, controls, or • supervises a source; 0-'71_1±2} Repealed; (481 (46) "Part 70 operating permit," any permit or group ofpermits covering a Part 70 sourcethat is issued, renewed, amended, orrevised; 

### +4-91 (47) "Part 70 source," any source subjectto§ 74:36:05:03; 00) 

### 8JU "Particulate matter," a broad class of chemically and physically diverse substancesthat exist as discreteparticles, liquid droplets, or solids overa widerange ofsizes;**~** (49) "Permit modification," a revision 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; 

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8

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•**~** 

## 00 "Permit revision," a revisions to a minor source operating permit or Part 70 operating permit to incomorate a permit modification, 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;**~** .(g} "PMlO," particulate matter with an aerodynamic diameter less than or equal to a nominal tenmicrometers asmeasured byan applicable reference orequivalentmethod;**~** 

### .Gll "Proposed Part 70 operatingpermit," a permit that the department has forwarded to EPA for review after the closure ofthe public notice period and after considering any public comments, includingthose from affected states;**~** G.1} "PSD," prevention ofsignificantdeterioration;**~Gil** "Repealed;**~** 

## 00 "Salvage operation," an operation conducted in whole or in part for the reclaiming ofproduct ormaterial;**~** .G1} "Secretary," the secretary ofthe South Dakota Department ofEnvironment and Natural Resources oran authorized representative; f691 .(2_[} "Shutdown," the cessation of operation of any control equipment, process equipment, orprocess for anypurposes; f6l1 (59) "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 plumein the air;

9

### ~ (60) "Source," a facility that emits or may emit any air pollutant regulated under the • CleanAirAct;**~** .{Qll "Start-up," the setting into operation of any control equipment, process equipment, orprocess for anypurpose;**~** (62) "Title I," Title I ofthe CleanAirAct Amendments, provisions for attainment and maintenance ofnational ambient air quality standards; (65) "Title II," Title II ofthe CleaR Air Aet t\meadmeats, provisioas relatiag to moeile sourees; (66) "Title

## m, II Title 

## mofthe CleaR AirAet.Ameadmeats, ha,;ardous airpollutaats;**~** {Q.ll "Title IV," TitleIVofthe CleanAirActAmendments, acid deposition control; 

### f681 (64) "TitleV," TitleV ofthe CleanAirActAmendments,permits; 

### f691 (65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone • protection; (70) "Title VII," Title VII of the Cleaa Air i\et ,AJneadmeRts, provisioas relatiag to eaforeemeRt; L (71) "TitleVIII," Title VIII ofthe CleaaAirAet lJneadmeRts, miseellaaeousprovisioas; (72) "Title IX," Title IX ofthe CleaRAir Aet :!Jneadmeats, elsa£ airresearelt; (73) "Title X," Title X of the CleaR Air Aet AmeadmoRts, disadvaataged eusiaess eoaeems; (74) "Title XI," Title XI of the CleaR Air Aet AmeadmeRts, eleaa air employmeffi traasitioa assistaaee; (75) "Uait" or "emissioa uait," aay portaele or statioaary eEtffipmeRt or aetivity that emits orhas thepoteRtial to emit apollutaB:t regt:llated wderthe Aet; 10 

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# • P6j (66) "Variance," a written authorization issuedbytheboard to operate a minor source inan attainment areathat is notin compliancewith certainportions oftheAct; 

### fR1 (67) "VOC," "volatile organic compounds," afl:Y eempeuB:a ef earaeB: wll:ieh partiei-pates ifl atffiespherie plietoehemieal reaetiOflS, OJteluaiag earaefl ffiOB:mdae, earaefl aieKiee, earaeflie aeie, metaUie earaiees or earaOB:ates, ana afflHl:Oflium earaoB:ate afl:B eReluaiB:g the fullowiflg, whieh ha-ve aeefl determiB:eEl to ha-ve B:egligiale photeehemieal reaetivity: aeetoB:e; methane; etha-B:e; mefuylefle ehloriee**(EliehloromethaB:e~;** 1,1,1 triehloroethane (methyl**ehlorofurm~;** 1,1,2 triehloro 1,2,2 trifluoroethaB:e (CFC**113~;** triehlorofluorometha-B:e (CFC**11~;** diehloroeifluorometha-B:e (CFC**12~;** ehloroeifluoromethane (HCFC**22~;** trifluoromethane (HFC 23) 1,2 diehloro 1,1,2,2 tetra-fluoroethane (CFC 114); ehloropOB:tafluoroethane (CFC 115) 1,1,1 trifluoro 2,2 Eliehloroethane (HCFC 123); 1,1,1,2 tetrafluoroethane (HFC 134a); 1,1 Eliehloro 1 • fluoroethane (HCFC 14113) 1 ehlere 1,1 ffifluoreethane (HCFC 14Th); 2 ehlore 1,1,1,2 tetraflueroethane (HCFC 124); pOB:taflueroethane (HFC 125); 1,1,2,2 tetraflueroetha-B:e (HFC 134); 1,1,1 trifltwroethane (HFC**143~;** 1,1 EliflueroethaB:e (HFC**152~;** 1,1,1,2,3,4,4,5,5,5 

# • Eleea-flueropeB:ta-B:e (HFC 43 10mee); 3,3 Eliehlero 1,1,1,2,2 peB:taflueroprepane (HCFC 225ea); 1,3 Eliehlere 1,1,2,2,3 peB:tafltwroproJlaB:e (HCFC 225eb);**Jlaraehleroaenzetrifl~:wriae** (PCBTF); eydie, branehed, er liB:ear eempletely methylated siloKanes; JlerehlereethylOB:e (tetraehleroefuyleB:e); Elifluoromethane (HFC 32); ethylfluoride (HFC 161); 1,1,1,3,3,3 heJta-flueroproj!a-B:e (HFC**236f~;** 1,1,2,2,3 jleffiafluereprojlane (HFC 245ea); 1,1,2,3,3 jleffiafll:!orojlFOjlane (HFC 245ea); 1,1,1,2,3 jleflta-flt!OFOpFOjla-B:e (HFC 245eb); 1,1,1,3,3 jlOB:ta-fluorejlFOjlafle (HFC 245fa); 1,1,1,2,3,3 heJtafi-ueFOjlFOflaB:e (HFC 23eea); 1,1,1,3,3, peB:tafluoroautane (HFC 365mfc); ehleroflueremetha-B:e (HCFC 31); 1 ehlero 1 fluoreethane (HCFC**151~;** 1,2 Eliehlero 1,1,2 trifluoroethane (HCFC 123a); 1,1,1,2,2,3,3,4,4 flOB:a-fluere 4 11methm<y eatane (C,J<9

### GGR. er HFE 7100); 2 (aiflHeremetheX)'R'I:ethyl) 1,1,1,2,3,3,3 • h9J9tafl1:1ereprepane ((CF"hGFCF;!GCH;>); 1 ethexy 1 , 1,2,2,3,3,

### 4, 4,4 aen:afl1:1ereeatan:e**~,J<~:J.4** or HFE 7200); 2 (ethoxyaifll:lerometh;4) 1,1,1,2,3,3,3 heptafl1:1ereprepane**~"h~~);** methyl acetate; 1,1,1,2,2,3,3 h9)9tafl1:1ere 3 methmty prepaae (n: C#+GCH;>.-=-,**---:IH41Ft<iE~=r-~7.Y0B'00ff)~;---:33-eetEI'htee*x)¥-'-11..,.,,1~-:-,-*"1,,z2.,.,.,3f.:',4'1-:,44,~5~,5~,9ao,:e9.,1',e~aGie3Ea'IEe!SealaflEBl:lllEe*r~e-z2,__(HtnR.Hfl*l:le9lrr€e~HmHe!l:ithlf')fH'l)** hel<ane (HFE 7500); 1,1,1,2,3,3,3 h9J9tafl1:1ereprepane (HFC227ea); methyl fufl:flate (HCOOC}4); anaperfl1:1ereeareen: eempeoods vffiieh fa-ll irne these classes: (a) Cyelie, eranehed, erlin:ear eempletelyfl1:1erin:atea a-lkanes; (b) Cyelie, eranehea, erlin:ear eemplete!yfll:lerin:atea ethers with H:e l:lH:Sahlration:s; (e) Cyelie, eranehed, er lin:ear eemp!ete!y fll:lerin:atea tertiary amin:es with n:e l:lH:Satl:lratien:s; ana (d)

# ~1:1lfur een:taiain:g perfl1:1eroeareeas vr.ith B:9 l:lB:Satl:lratieH:S ana with SWfur een:ds • en:lyte eareen: an:a fl1:1erin:e; as definedin40 C.F.R. § 51.100(s) (July 

### 1. 2009) 

### f781 @ "Wire reclamation furnace," a furnace that uses either direct or indirect heat transferto salvagenonferrous metals throughthethermal destruction ofsolid wastematerials; f79j (69) "PM2.5," particulate matterwith an aerodynamic diameterless than or equal to a nominal 2.5 micrometers as measuredbyan applicablereference orequivalentmethod;**~** (70) "S02," sulfur dioxide; an:d f&Bflll"N02," nitrogen dioxide.; and (72) "Construction permit," a written authorization issued bytheboard orthe secretarvfor the construction and operation ofa new source ormodificationto anexisting source. 

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• Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR4, effective July27, 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 Apri122, 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, effectiveJanuary 2, 2005; 32 SDR 209, effective June 13,2006. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies maybe obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87- 100012. Cost: $31. 74:36:01:02. Actual emissions defmed. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR4, effective July27, 1980; transferred from §44:10:01 :01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 13effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from • § 74:26:01:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 31 SDR 101, effectiveJanuary2, 2005. 74:36:01:03. Administrative permit amendment defmed. An administrative permit amendment is an amendment to an existing permit and is issued by the secretary. The secretary mayissue an administrative permit amendment ifit accomplishes one ofthe following: (1) Corrects typographical errors; (2) Changes the name, address, or phone number ofany person identified in the permit or provides a similarminoradministrative change atthe source; (3) Requires morefrequent monitoring orreportingbythe permittee; ( 4) Allows for a change in ownership or operational control ofa source ifthe department determines that no other change in the permit is necessary and a written agreement containing a specific date for transfer ofpermit responsibility, coverage, and liabilitybetween the current and new permittee has been submitted to the department. Ifthe change in ownership or operational control changes the designated representative for an acid rain permit, the change is considered a permitmodification and theprocedures outlinedin§ 74:36:05:39 apply; or

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# • (5) Any other change that the Administrator ofthe EPA and the secretary determines to be similarto the requirements in subdivisions (1) to (4), inclusive, ofthis section. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effectiveApril4, 1999. General Authority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-6. 74:36:01:04. Affected states defmed. Affected states are all states whose air qualitymay be affected by and that are contiguous to the state in which an operating permit, permit modification, orpermitrenewal for a Part 70 sourceis beingproposed orthat are within 50 miles • ofthe permitted source.


# • Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-6. 74:36:01:05. Applicable requirements of the Clean Air Act defmed. Applicable requirements ofthe Clean Air Act include all ofthe following as they applyto emissions units in a Part70 source, unless the context ofthe CleanAir 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 15implements the relevant requirements ofthe Clean Air Act, including any revisions to that plan • promulgatedinPart 52 of40 C.F.R. (Jt1ly 1, 2005 July 1, 2009); (2) Any term or condition of any preconstruction permits issued pursuant to regulations approved throughrulemakingunder TitleI, includingParts CorD, ofthe CleanAirAct; (3) Any standard or other requirement under § 111 of the Clean Air Act, including § 111(d); (4) Any standard or other requirement under § 112 ofthe Clean Air Act, including any requirement concerning accident preventionunder§ 112(r)(7) ofthe CleanAir Act; (5) Any standard or other requirement ofthe acid rainprogramunder Title N ofthe Clean AirAct orthe regulations promulgatedunder it; (6) Any monitoring, reporting, and certification requirements established pursuant to §504(b) or 114(a)(3) ofthe Clean AirAct; 

# • (7) Any standard or other requirement governing solid waste incineration, under§ 129 of the Clean AirAct; (8) Any standard or other requirement for consumer and conunercial 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 CleanAirAct; (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 EPAhas determined that suchrequirements need not becontainedin a Part70 operatingpermit; and 

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# • (12) Anynational ambient air quality standard or increment or visibilityrequirementunder Part C ofTitle I ofthe Clean Air Act, but only as it would apply to temporary sources permitted pursuantto§ 504(e) ofthe CleanAir Act. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effectiveJanuary 2, 2005; 32 SDR 209, effective June 13, 2006. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:06. Complete application def"med. A complete application is one that the • department has determined to contain all the information needed to begin to process the application. A determination that an application is complete continues in effect if the source 

# • submits by the date or dates specified by the department any additional information reasonably determined by the department to be necessary for developing and issuing the permit and requested inwriting. Source: 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:07. Major modification def"med. Repealed.

17Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July • 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:02.01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; repealed, 31 SDR 101, effective January2, 2005. 74:36:01:08. Major source defined. A major source is any source or any group of sources that is located on one ormore contiguous or adjacent properties, that is under control of the same person or ofpersons under .common control, that belongs to a single major industrial grouping, and that is any ofthe following: (1) A major source under § 112 of the Clean Air Act defined as a source or group of sources located within 

### a contiguous area and under common control that emits or has the • potential to emit, considering controls, in the aggregate, 10 tons per year (tpy) or more ofany hazardous airpollutantwhichhas been listedpursuantto § 112(b) ofthe Clean Air Act, 25 tpyor more ofany combination ofsuch hazardous air pollutants, or a lesser quantity established byrule by the administrator ofthe EPA. Emissions from any oil exploration or production well and its associated equipment and emissions from any pipeline compressor or pump station may not be aggregated with emissions from other similarunits, whether ornot such units are in a contiguous areaorunder commoncontrol, to determine whether suchunits or stations are major sources; ef (2) A major source ofair pollutants, as defined in § 302 ofthe CleanAir Act, that directly emits orhas the potential to emit 100 tpyormore ofany airpollutant, including anymajor source of fugitive emissions of any such pollutant, as determined by rule by the administrator ofthe EPA; or 

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

19Source: List of stationary sources transferred from § 74:26:01:03, 17 SDR 170, effective • May 13, 1991; transferred from§§ 74:26:01:06.05 and 74:26:01:06.07, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effectiveApril4, 1999. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-6. Cross-Reference: Classification defined, Title I ofthe CleanAir Act. Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87- 100012. Cost: $31. 74:36:01:09. Categories ofsources defmed. The fugitive emissions ofa source shall not be included in determining whether it is a major source for any ofthe purposes of§ 74:36:01:08 unless the sourcebelongs to one ofthe following categories ofsources: (1) Coal cleaningplants with thermal dryers; (2) Kraft pulp mills; (3) Portland cementplants; (4) Primaryzinc smelters; (5) Iron and steel mills; (6) Primaryaluminum ore reductionplants; 20 

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•

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•
• (7) Primary copper smelters; (8) Municipal incinerators capable ofchargingmore than 250tons ofrefuse perday; (9) Hydrofluoric, sulfuric, ornitric acidplants; (10) Petroleumrefineries; (11) Limeplants; (12) Phosphaterockprocessingplants; (13) Coke ovenbatteries; (14) Sulfurrecoveryplants; (15) Carbonblackplants (furnaceprocess); (16) Primarylead smelters; (17) Fuel conversionplants; (18) Sinteringplants; (19) Secondarymetal productionplants; (20) Chemical processplants; (21) Fossil fuel-fired boilers totaling more than 250 million British thermal units per hour heatinput; (22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (23) Taconite ore processingplants; (24) Glass fiberprocessingplants; (25) Charcoal productionplants; (26) Fossil fuel-fired steam electric plants ofmore than 250 million British thermal units perhourheat input; and 21(27) Any other source category, which as ofAugust 7, 1980, is regulated under§ 111 or • 112 of the Clean Air Act but only for those air pollutants that have been regulated for that category. Source: Transferred from § 74:26:01:03, 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:06.07, 19 SDR 157, effective April22, 1993; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:10. Modification defmed. Modification is a physical change in or change in the method ofoperation ofa source thatresults in atleast one ofthe following: (1) An increase in the amount ofan air pollutant emitted by that source orin the emission ofan airpollutantnotpreviously emitted; (2) A significant change to existing monitoring, reporting, or recordkeeping requirements in thepermit; (3) The change requires or changes a case-by-case determination ofan emission limit or other standard, a source-specific determination for temporary sources ofambient impacts, or a visibilityorincrement analysis; or (4) The change seeks to establish or change apermitterm or condition for which there is a corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable emissions cap assumed to avoid classification as 22 

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•

### • a modification under anyprovision ofTitle I, 

### or an alternative emissions limit approved pursuant to regulationspromulgatedunder§ 112(i)(5) ofthe Clean Air Act. 

# •
• Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:02, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:02, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effectiveJanuary2, 2005. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-6. 74:36:01:11. National ambient air quality standard (NAAQS). The national primary ambient air quality standards define levels of air quality that are necessary, with a margin of safety, to protect the public health. The national secondary ambient air quality standards define levels of air quality that are necessary to protect the public welfare from any known or anticipated adverse effects ofapollutant. These standards are located in chapter74:36:02. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July27, 1980; transferred from §44:10:01 :01, effectiveJuly 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88,

23

### effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from • §74:26:01:01, 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-6. 74:36:01:12. Potential to emit defmed. The potential to emit for sources shall be based on the maximum rated capacity ofa source to emit a pollutant under its physical or operational design. Any physical or operational limitation on the capacity of a source to emit a pollutant, including air pollution control equipment and restrictions onhours ofoperation or on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitation is federally enforceable. Secondary emissions are not included when determining the potential to emit. Source: 7 SDR 4, effective July 27, 1980; transferred from §

### 44:10:01:03, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; list ofstationary sources transferred to § 

### 74:26:01:06.07, 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:03, 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:01:13. Process weight rate defmed. Process weight per hour is the total weight of all raw materials and other materials introduced into any specific process that may cause an

24 

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•• emission of a regulated pollutant. Solid fuels charged are considered as part of the process weight, but liquid and gaseous fuels and combustion air are not. 

# •
• The process weight rate for continuous or long-run steady-state operations is the total process weight for the entire period ofcontinuous operation or for a typical portion divided by thenumber ofhours oftheperiod orportion. The process weight rate for cyclical or batch operation is the total process weight for a period that covers a complete operation or an integral number ofcycles divided bythe hours of actual process operation during such aperiod. Ifthe nature ofa process or operation or the design ofequipment permits more than one interpretation of data, the interpretation that results in the minimum value for allowable emissions applies. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01(29), 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:04, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:04, 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:14. Reconstruction ofsources defined. Repealed 25Source: 

### 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:05, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:05, 19 SDR 157, effective April22, 1993; repealed, 31 SDR 101, effective January2, 2005. 74:36:01:15. Regulated air pollutant defmed. 

### A regulated air pollutant is one of the following: (1) Nitrogen oxides or any volatile organic compounds; (2) Nitrogen dioxide, PMlO, sulfur dioxide, carbon monoxide, lead, ozone, or any 

# •

pollutant for which anational ambient air quality standard has beenpromulgatedinthe Clean Air • Act; (3) Any pollutant that is addressed by any standard promulgated under § 111 ofthe Clean Air Act; (4) Any Class I or II substance subject to a standard promulgated under or established by Title VI ofthe CleanAirAct; or (5) Any pollutant subject to a standard promulgated under § 

### 112 ofthe Clean Air Act or other requirements established under §§ 

### 112(g), (j), and (r) ofthe Clean Air Act, including the following: (a) Any pollutant subject to a standard promulgated under § 112(j) ofthe Clean Air Act. Ifthe administrator ofthe EPA fails to promulgate a standard by the date established in

26 

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

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• (b) Any pollutant for which the requirements of§ 112(g)(2) ofthe Clean Air Act have beenmet, but onlyfor theindividual source subjectto § 112(g)(2) requirement. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:16. Responsible official dermed. A responsible official is defined as one ofthe following: (1) For a corporation, a president, secretary, treasurer, orvice-president ofthe corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative ofsuch person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subjectto apermit, and either: (a) The facility employs more than 250 persons or has gross annual sales or expenditures exceeding $25 million (in second quarter 1980dollars); or (b) The delegation of authority to such a representative is approved in advance bythe department; (2) For a partnership or sole proprietorship, a general partner or the proprietor, respectively; 27

### (3) For a municipal, state, federal, or other public agency, either a principal executive • officer or ranking elected official. For the purposes of this subdivision, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations ofaprincipal geographic unit ofthe agency; or (4) For affected sources: (a) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act or the regulations promulgated under it are concerned; or (b) The designated representative for any otherpurposes under chapter74:36:05. Source: 

### 19 SDR 157, effective April22, 1993; 31 SDR 101, effective January2, 2005. General Authority: 

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

### SDCL 34A-1-6. 74:36:01:17. Significant defmed. 

### Repealed. Source: 

### 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:06.04, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; repealed, 31 SDR 101, effective January 2, 2005. 74:36:01:18. Municipal solid waste landfill defmed. 

### Municipal solid waste landfill means the entire disposal facility in a contiguous geographical space where household waste, 28 

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•• commercial solid waste, nonhazardous sludge, conditionally exempt small-quantity generator waste, or industrial solid waste is placed in or on land. Portions ofthe municipal solid waste landfill may be separated by access roads. A municipal solid waste landfill may be publicly or privatelyowned, a new landfill, an existing landfill, ora lateral expansion. Source: 23 SDR 106, effective December29, 1996. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-18. 74:36:01:19. Existing municipal solid waste landf"ill def"med. An existing municipal solid waste landfill is a municipal solid waste landfill that commenced construction, • reconstruction, or modification before May 30, 1991. An existing municipal solid waste landfill may be active or closed. Physical or operational changes made to an existing municipal solid waste landfill solelyto comply with applicable emission limits are not considered a modification orreconstruction. Source: 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-18. 74:36:01:20. Physical change in or change in the method of operation defined. A physical change in ora change inthe method ofoperation does notinclude the following: 

# • 29(1) Routinemaintenance, 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, or because ofa natural gas curtailment planpursuant to the Federal Power Act as in effect onJanuary 1, 1993; (3) Use ofan alternative fuel becauseofanorderorruleunder§ 125 ofthe CleanAirAct; (4) Use at a steam generating unit ofan alternative fuel that is generated from municipal solid waste; (5) An increase in the hours ofoperation or in the production rate, unless the change is prohibited under a federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2005 July 1, 2009), or under regulations approved 

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pursuantto 40 C.P.R. Part 51, SubpartI, or40 C.P.R.§ 51.166 (July 1, 2QQ5 July 1,2009); • (6) Anychange ofownership at a source; (7) Theuse ofan alternative fuel orrawmaterialbya sourcewhich the source was capable of accommodating before January 6, 1975, unless the change is prohibited under a federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.P.R. § 52.21 (July 1, 2005 July 1, 2009), orunderregulations approved pursuant to 40 C.P.R. Part 51, Subpart I, or40 C.P.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.P.R. § 52.21 (July 1, 2005 July 1, 2009) or under regulations approvedpursuantto 40 C.P.R.§ 51.165 (July 1, 2005 July 1,2009).

30 

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# • Source: 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:21. Commenced construction defmed. Commenced construction means the owner oroperatorhas all necessary construction approvals orpermits and has: (1) Begun, or caused to begin, a continuous program ofactual on-site construction ofthe new source ormodificationto the existing source; or (2) Entered into a binding agreement or contractual obligation, which cannotbe cancelled or modified without substantial loss to the owner or operator to undertake a program ofactual • construction ofthe source. Source: GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-6. CHAPTER74:36:02 AMBIENT AIR QUALITY 

# • Section 3174:36:02:01 Air qualitygoals. 74:36:02:02 Ambient air quality standards. 74:36:02:03 Methods ofsampling and analysis. 74:36:02:04 Air qualitymonitoring network. 74:36:02:05 Ambient airmonitoring requirements.

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

32 

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# • 74:36:02:02. Ambient air quality standards. The ambient air quality standards listed in 40 C.F.R. §§ 50.1 to 50.5, inclusive, (Jaly 1, 2005 July 1, 2009); 40 C.F.R. § 50.6 (Jaly 1, 2005 July 1, 2009); 40 C.F.R. § 50.7(a)(1), (b), and (c) (Jaly 1, 2005 July 1, 2009); 40 C.F.R. § 50.8 and 40 C.F.R. §§ 50.10 to 50.12, inclusive, (Jaly 1, 2005 July I, 2009), define the types and levels of air pollution above which the ambient air would limit the attainment of the goals specified in § 74:36:02:01. These standards apply to the entire state of South Dakota, and no person may cause these standards to be exceeded. The standards include normal background levels ofairpollutants. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:02, 7 SDR4, effective July27, 1980; transferred from§ 44:10:02:02, effective July 1, • 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effectiveJanuary2, 2005; 32 SDR209, effectiveJune 13,2006. 

# • General Authority: SDCL 34A-1-6, 34A-1-15. LawImplemented: SDCL 34A-1-15. 74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter, sulfur dioxide, carbon monoxide, ozone, nitrogen dioxide, and lead listed in 40 C.F.R. Part 50 (Jaly 1, 2005 July 1, 2009) shall be measured by the reference method or methods stated in 40 C.F.R. Part 50, Appendix A to Appendix N, inclusive, (Jaly 1, 2005 July 1, 2009) or an equivalentmethod designated in accordance with40 C.F.R. Part 53 (Jaly 1, 2005 July 1, 2009).33Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:11, 7 SDR 4, effective July27, 1980; transferred from§ 44:10:02:09, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:09, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR209, effective June 13, 2006. GeneralAuthority: SDCL 34A-l-6, 34A-l-15. Law Implemented: SDCL34A-l-15. 74:36:02:04. Air quality monitoring network. The department shall outline ambient air 

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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 (.My 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 January2, 2005; 32 SDR209, effectiveJune 13,2006. General Authority: SDCL 34A-l-6, 34A-l-15. Law Implemented: SDCL 34A-l-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.F.R. Part 58 (Jaly 1, 2005 34 

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

# •
• 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 SDR209, effectiveJune 13, 2006. General Authority: SDCL 34A-l-6, 34A-l-15. LawImplemented: 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 by the secretary, using the criteria in 40 C.F.R. § 51.151 and Appendix L to Part 51 (Jwy 1, 2005 July 1, 2009), if the accumulation of air

35pollutants in anyplace is attaining orhas attained levels which could, ifsuch levels are sustained • or exceeded, lead to a substantialthreat 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 SDR4, effective July 27, 1980; transferred from§ 44:10:02:17, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:17, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January2, 2005; 32 SDR 209, effectiveJune 13,2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15. 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 (Jaly 1, 2005 July 1, 2009). The department shall reevaluate the contingency plan in accordance withthe requirements in40 C.F.R. § 51.153 (July 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 SDR 209, effectiveJune 13, 2006. General Authority: SDCL 34A-l-6, 34A-l-15. Law Implemented: SDCL 34A-1-15. CHAPTER74:36:04 

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36

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• 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. PermitMinor source operatingpermitrequired. Minor source operatingpermit exemption. OperatingpermitEmissionunit exemptions. Minor source operatingpermit variance. Standard for issuance ofoperatingpermit. Timeperiod for operatingpermits andrenewals. Timelyand complete application for operatingpermitrequired. Required contents ofcomplete application for operatingpermit. Applicantrequiredto supplement orcorrect application. Permit application-- Completeness review. Timeperiod for department'srecommendation. Department's reeommenaation on operatingporrnit. Repealed. Publicparticipationinpermittingprocess. Publicreview ofdepartment's draftpermit. Final permitdecision-- Noticeto interestedpersons. Rightto petition for contested casehearing. Contents ofoperatingpermit. Operatingpermit expiration. 3774:36:04:17 74:36:04:18 74:36:04:19 74:36:04:20 74:36:04:20.01 74:36:04:20.02 74:36:04:20.03 74:36:04:20.04 74:36:04:21 74:36:04:22 74:36:04:23 74:36:04:24 Renewal ofoperatingpermit. Operatingpermitrevision. Administrativepermit amendment. Procedures for administrativepermit amendments. Minorpermit amendmentrequired. Requirements for minorpermit amendment. Application for minorpermit amendment. Department deadline to approve minorpermit amendment. Permitmodifications. Source status change-- Newpermitrequired. Reopening operatingpermit for cause. Procedures toreopen 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. Petitionfor contested case on allegedviolation. Repealed. Circumventionofemissions notallowed. General permits. Secretarymayrequire an individualpermit.

38 

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• 74:36:04:01. Applicability. Therequirements ofthis chapter applyto all minor sources. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:04:02. PeFmit Minor source operating permit required. A person may not oonstmet, instadl, Fnoaify, or operate any source or unit likely to cause the emission of air pollutants into the ambient air or any equipment which prevents or controls the emission ofair pollutants into the ambient airuntil the applicable preoonstmotion a constructionpermit orminor source operatingpermithasbeenissuedbytheboard orthe secretary. Source: 2 SDR40, effectiveDecember 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, effectiveApril 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:02.01. Minor source operating permit exemption. The following sources are exempt from obtaining a minor source operatingpermit: (1) A source thathas the potential to emit 25 tons or less peryear ofany criteriapollutant, exceptlead, beforethe application ofcontrol equipment; and 39(2) Any other source constructed for domestic purposes and not intended for use by an • industry, manufacturer, orbusiness. Source: GeneralAuthority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-l-21. 74:36:04:03. OfleFating fleFmit Emission unit exemptions. The following sow=ees or emissionunits are exempt from obtaiRiRg inclusion in a minor source operatingpermitunless the source has requested federally enforceable permit conditions related to the emission unit(s) to avoid needing a Part 70 operating permit, or a pre•refltioR of sigH:ifieam aeterioratioR PSD preconstructionpermit, orNSRpreconstruction**permit~~** (1) A faeility operatiRg an iReiRerator or One or more incinerators ofless than 100pounds perhour combinedburningcapacitythatcombustmunicipal orhouseholdwaste; (2) A mobile internal combustion engine, including those in autos, trucks, tractors, airplanes, locomotives, andboats; (3) Laboratoryequipmentused exclusivelyfor chemical orphysical analysis; (4) A mitfueled byRatw=al gas that is lisea eJtellisively fur spaeeheatiRg;**~**

## ffiA unit that has a heat input capability ofnot more than 3,500,000 Btus per hour, except for units fueled with wood or coal; fej

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

40 

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# •
•
• (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs. orpavingparkinglots; and (7) An emergee6yele6tri6al geeeratorpowered bypetrole:t:lffi: profffi6ts; (8) i\ fa6ility that has thepotefltial to emit 25 toes orless peryear ofaay sriteriapollmant, ex6ept leas, befurethe appli6atiOR ofeoetrol**e~meflt;** (9) A l:ffiit fueled bywaste oilmeetiegthereEJ:l:liremeets of§ 74:28:27:01; fWj--(1} A unit that has the potential to emit two tons or less per year of any criteria pollutant before the application ofcontrol equipment. However, the criteria pollutant emissions from theunitmustbeincludedindeterminingifthe sourceis·a minor source;--ae6 (II) Any other sour6e 6oestraotea fur aomestie purposes aHa eot ieteeaea fur 11se by ae ieclllstry, maflllfa6turer, orb11sieess. A SOU£6e orAn emissionunitthatis exemptfrom permittingooaer sooaiv-isioes (I) to (+0), ieeillsive,must still meetthe visible emissionrestriction in§ 74:36:12:01. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:16, 7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:25, effectiveJuly 1, 1981; 13 SDR 129, 13 SDR 141, effective July I, 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 January2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-l-21. 41Cross-References: Operating permits for Part 70 sources, ch 74:36:05; Prevention of significant deterioration, ch74:36:09. 74:36:04:03.01. Minor source operating permit variance. The owner or operator ofa minor source mayrequest a variance from applicable emission standards. The variance will allow the minor source to operate in noncompliance with applicable emission standards. A minor source is eligible for a variance ifitis located within an area that is inattainment for all regulated air pollutants for which the source is requesting a variance. The minor source may not receive a variance if the source obtained a minor source operating permit by accepting federally enforceablepermit conditions topreventthe 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 burdenofproofrequiredunder SDCL 34A-l-27. The complianceplanmust outlinethe steps that willbetaken to come into compliance and the completion date for each step. The board shall hold a hearing on the department's recommendation on a request for a variance. Anyperson affectedbythe recommendationor anypersoninterested intestifying either for or against the department's recommendationmay submit written comments to the department or present oral testimony before the board at the hearing. After the hearing is closed, the board mayeithefamend and approve, deny, oradoptthe department's recommendation. 42 

# •
•
•

# • 2005. Source: 23 SDR 106, effective December 29, 1996; 31 SDR 101, effective January 2, General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-24. Law Implemented: SDCL 34A-1-12, 34A-1-19, 34A-1-24. Cross-Reference: Operatingpermits for Part 70 sources, ch 74:36:05. Note: The procedural requirements for obtaining a variance are similar to the procedural requirements for obtaining a minor source operating permit, such as a timely and complete application, completeness review, statement of basis, public participation, and department • recommendation, as outlined in§§ 74:36:04:06 to 74:36:04:12, inclusive.


# • 74:36:04:04. Standard for issuance ofa minor source operating permit. An operating permit for a HeW source orpermit modifieatioe revision maybe issued onlyifit has been shown that the operation ofthe HeW source or permit modifieatioe revision will not prevent or interfere with the attainment or maintenance of an applicable national ambient air quality standard. Compliance with this requirement as determined byairpollution dispersion modelingis shall not be affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in40 C.F.R. § 51.100 (July 1, 2005 July 1, 2009). Each HeW source, e*istieg souree, aed permit modifieatioe must comply with emission limits and other requirements ofthe act and Clean Air Act. The minor source operating permit must include reasonable conditions,

43including adherence to plans and specifications, to assure compliance withthe act, CleanAirAct, • and anyotherconditionsjustifiedunder 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, effectiveJuly 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; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. Law Implemented: SDCL34A-1-19, 34A-1-21. 74:36:04:05. Time period for operating permits and renewals. An operating permit for a minor source shall be issued for a period up to five years and all subsequent operatingpermits shallbefor a period offive years. Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; transferred from§ 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:32, 19 SDR 157, effective April 22, 1993. GeneralAuthority: SDCL 34A-l-6, 34A-1-21, 34A-1-24. Law Implemented: SDCL 34A-1-21, 34A-1-24. 44 

# •
•

# •
•
• 74:36:04:06. Timely and complete application for operating permit required. A person who owns or operates a source required to have iffiminor source operating permit shall submit a timely and complete application. An application is timely if it meets the time limits specifiedinthis section. Anapplication is completeifitmeets therequirements in§ 74:36:04:07. A minor source applying for aninitial operatingpermit shall submit a complete application to the department at least 120 aays, wl!iefl. iRSlliaes the 30 aay Jmalie REJtiee periea, aefure the estimated aate ef eemmEJReiRg eeRstmetieR ef the setlfee er eperatieR efa eeRstmetea setlfee within 12 months after commencing operation. A minor source applying for a permit modification shall submit a complete application to the department within 12 months after commencing operation ofthe emissionunit(s) involved with themodification. A minor source applying for renewal of a an operating permit shall submit a complete application 90 days before the date ofpermit expiration. Ifan existing source submits a timely and complete application for renewal ofan operating permit within this time limit, the source's existingpermit does not expireuntil therenewal permithasbeenissued ordenied. Theterms and conditions ofthe existing permit remain in effect until the renewal permit has been issued or denied. Source: 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. 45Law 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 commencing construction ofthe source orpermitmodification. 74:36:04:07. Required contents of complete application for operating permit. An application for an operating permit for a minor source or permit modification must submit the following information tobe considered a complete application: (1) General company information, including the company name and address or the plant name and address ifdifferent from the companyname, the owner's name and agent, and theplant sitemanagerorcontact; (2) A description oftheplant and itsprocesses and products; (3) The following informationonemissions: (a) Identification and description ofall emissionpeffitsunits; (b) Fuels, fuel use, fffiEi rawmaterials, -esed and productionrates; (c) Identification and description ofairpollution control equipment; (d) Limitations on source operation affecting emissions or any workpractice standards, where applicable, for allregulated air pollutants; (e) Other information required by any applicable requirements, including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height, diameter, and plume temperature, for all pollutants regulated at the source; 46 

# •
•
•

# • ( 4) A copyofanypreparedplans and the specifications ofany equipment or other facilities whichmayaffect the source, includingpollution control devices; (5) Anabatement strategiesplan, ifrequired by chapter 74:36:03; (6) A signed and notarized certification ofapplicant form; (7) Theresults ofany air dispersionmodelingrequiredbythe department; (8) Theresults ofany stackperformancetestingrequiredbythe department; (9) Any other information requested by the department which is relevant to determining compliancewiththe act orthe CleanAir Act. The application mustbe signed bythe responsible official or designated representative. An application for the renewal ofan operatingpermitmayreferto apreviouslysubmitted application • ifthere are no operational changes.


# • Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:04.01, 34:10:01:06, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:09, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:09, 19 SDR 157, effective April22, 1993.General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-l-12, 34A-1-21. 74:36:04:08. Applicant required to supplement or correct application. Ifthe applicant is aware that the application is incomplete orthat anyrelevant facts orinformation contained in 47an application are incorrect, the applicant shall submit the supplementary facts or corrected • information. The applicant shall provide additional information as necessary to address requirements that become applicable after the application is filed butprior to the release ofthe draftpermit. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effectiveJanuary 5, 1995. GeneralAuthority: SDCL 34A-l-6, 34A-l-21. LawImplemented: SDCL 34A-1-12, 34A-1-21. 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,

# ~ • permit modification, or arenewal ofan operating permit for a minor source, the department shall notifY the applicant in writing whether or not the application is complete or incomplete. Ifthe department does not notifY the applicant that the application is incomplete within 30 days after receipt ofthe application, the application is considered complete. The department may at any time during the processing ofthe application request, in writing, additional information necessary to evaluate or take final action on the application; (2) Ifthe application is incomplete or additional information is necessary to evaluate the application, the department shall identifY the items required to re¥ie>.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 48 

# •

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

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

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

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

### The department shall recommend issuance or denial ofan operating permit, a permit modification, or a renewal for an • operating permit for aminor source within 90 days afterthe submission ofa OOI.'R}lletea 

### complete application and all other additional information necessary for the department to make an informed decision. A recommendation to issue a permit shall include a draft permit with appropriate conditions to assure compliance with the act and Clean Air Act. Failure of the department to act on an application entitles the applicant to petition for and obtain a contested case review ofthe application without waiting for a department recommendation. The petition must conform to 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. 49GeneralAuthority: SDCL 34A-l-6, 34A-l-21. 

# • LawImplemented: SDCL 34A-1-21. 74:36:04:11. Department's recommendation on operating permit. The 6613artffient, afterrevi:ew ofa eomplete applieatioa fer aB operatingpermit or a reae>Nal ofaa operatingpermit fer a raiaor souree shall reeoraraena to the boaro that the permit be issues or aeniea. The reeoraraeaaatioa to issue a permit shall iaeluae a araft permit with appropriate eoaaitioas to assure eorapliaaeev:ith tfie aet. Repealed. Source: SL 1975, ch 16, §I; 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 April22, 1993; 25 SDR 123, effective April4, 1999.**Cenerat,•n~:therity:** SDCL 34A 1 

## a, 34A 1 21. Law IIBfllemented: SDCL 34A 1 21, 34A 1 29, 34A 1 30. 74:36:04:12. Public participation in permitting process. The department shall mail a copy of the draft permit for a minor source to the applicant. The department shall publish a public notice ofthe draft permit once in a legal newspaper in the county where the source is located. The notice must include a briefstatement describing the faeility source and where it is located; the department's recommendation. and the reasons for it; the activity or activities involved in the permit action; the emissions change involved in any permit modification; a 

# •

50• statementthat aperson may submit comments or contest the draft permitwithin 30 days afterthe publication ofthe notice; describe theprocedures aperson must follow to contestthe draftpermit 

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

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

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

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

### 74:36:04:12.01. Public review of department's draft permit. During the public comment period, any interested person may submit written comments on the departffient's draft permit or request a contested case hearing. All comments will be considered in making a final permit decision on the draft permit as provided in§ 74:36:04:13. A request for a contested case hearing must be in writing and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are not based on applicable requirements ofthis article or the requirements ofthe Clean Air Act. 

### Source: 25 SDR 123, effective April4, 1999. 51General Authority: SDCL 34A-l-6, 34A-I-21. Law Implemented: SDCL 34A-I-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 commentperiod 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, R'lodified, orrenewed permit, denying apermit, orterminating apermit. 

# •

The proposed Hew, R'!odified, or reHewed 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 exceptunderthe following conditions: (I) A later effective date is specifiedinthe final permit decision; (2) A contested casehearing is requested; or (3) No comments or request for changes in the draft permit were received during the public notice period on the draft permit. In this case, the draft permit automaticallybecomes the final permit decision and the proposed Hew, R'lo<iified, or renewed final permit is issued at the end ofthepublicnoticeperiod. Source: SL 1975, ch 16, § I; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective July 27, 1980; transferred from 52 

# •

### • §44:10:01:38, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:38, 19 SDR 157, effectiveApril22, 1993; 25 SDR 123, effectiveApril4, 1999. GeneralAuthority: 

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

### SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34. 74:36:04:14. Right to petition for contested 

### case hearing. 

### The applicant or interested person may petition the board and obtain a contested case hearing to dispute the department's draft permit. Any other person maypetition to intervene and request a hearing ifthe person has an interest affected by the department's draft permit. Such petitions must comply with the provisions ofarticle 74:09 and be received by the department within 30 days after publication of • thenotice requiredby§ 74:36:04:12. The applicant or an interested person that comments on the draft permit may petition the board for and obtain a contested case hearing to dispute the department's final permit decision. Such petitions must comply with the provisions of article 74:09 and be received by the departmentwithin 30 days afterreceiving the department's final permit decision. Ifthe draft permit or the final permit decision is contested, the department shall presentthe draftpermit orfinal permit decision to theboard for actionin accordance with article 74:09. 

# • Source: 

### SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from 53§44:10:01:39, effectiveJuly 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR • 50, effective October 4, 1987; transferred from§ 74:26:01:39, 19 SDR 157, effective Apri122, 1993; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-l-34. 74:36:04:15. Contents of operating permit. An operating permit 

### or a reHewal of aa 

### operatiFJ:gpermit 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 apermit; (3) The type ofoperation; ( 4) TheplaHt facility and mailing address; (5) Thedate the operatingpermitwas granted and onwhich itwill expire; (6) A number for administrativereference; (7) Thename ofa designated person or officerresponsible for the source's operation; (8) A statement granting an operating permitbythe board or secretary and any conditions thattheboard or secretarymayimpose to ensure compliance with the act and CleanAirAct; (9) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements ofthe act and CleanAirAct; (I0) M?nitoring andrelated recordkeeping and reporting requirements;

54 

# •
•

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

### fer denial of a permit renewal application; (b) The operating permit maybe modified 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) The permittee shall provide anyinformation, includingrecords, requested in writing by the department to determine ifcause exists for modif)'ing revising, revoking and reissuing, reopening, orterminatingthe permit orto determine compliance. Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:22.10, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:44, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:01:44, 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21, 34A-1-30.

5574:36:04:16. Operating permit expiration. Operating permit expiration terminates the • source's right to operate under the minor source operating permit unless a timely and complete renewal applicationhasbeen submitted to the department. Source: 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21. 74:36:04:17. Renewal of operating permit. Permits being renewed are subject to the same procedural requirements in§§ 74:36:04:06 to 74:36:04:14, inclusive, as the original minor source operatingpermitissuance. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effectiveJanuary 5, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-l-21. LawImplemented: 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 applieant's submittal of a notiee and an application. The netiee application must specify ifthe requested revision is an administrative permit amendment, minor permit amendment, or !! permit modification with supporting documentation. The application shall contain the necessary information required for an administrative permit amendment, minor permit amendment, orpermitmodification.

56 

# •
•

# •
•
• Source: 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-1-21. 74:36:04:19. Administrative permit amendment. An administrative permit amendment may be issued for a revision to an operating permit meeting the requirements of§ 74:36:01:03. An application for an administrative permit amendment shall contain a description ofthe change and documentation supporting the applicant's claim the revision qualifies as an administrative permit amendment. Source: 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:20. Procedures for administrative permit amendments. The faeility source may implement a proposed revision that is considered an administrative permit amendment immediately upon notifying the department. The department shall determine ifan administrative permit amendment is applicable to the proposed revision within 15 days ofreceiving a request for a permit revision. The department shall issue administrative permit amendments without the proceduralrequirements applicable to obtaining aa operatiag**~permit**modification. Source: 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-l-6, 34A-l-21. 57

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

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

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

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

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

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

58 

# •
•
•

# •
•
• (3) Itdoes notrequire orchange a case-by-case determination ofan emission limit or other standard, a source-specific determination for temporary sources of ambient impacts, or a visibilityorincrement analysis; (4) It does not seek to establish orchange a permit term orcondition for which there is no corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a modificationunder anyprovision ofTitle I, or an alternative emissions limit approved pursuant to regulations promulgatedunder§ 112(i)(5) oftheCleanAir Act; and (5) Itdoes notconstitute amodificationunderTitle I ofthe CleanAirAct. Source: 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL34A-1-21. 74:36:04:20.03. Application for minor permit amendment. An application for a minor permit amendment shall includethe following: (1) A description ofthe proposed change, the resulting change in emissions, and any new applicablerequirements; (2) The source's suggested draftpermit; and

59(3) Certification by a responsible official that the proposed revision meets the applicable • requirements ofaminorpermit amendment. Source: 21 SDR 119, effectiveJanuary 5, 1995. General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:20.04. Department deadline to approve minor permit amendment. The department shall take the following final action on a proposed minor permit amendment within 90 days afterreceipt ofa complete application for the amendment: (1) Issue theminorpermit amendment as proposed; (2) Denythe minorpermit amendment application; or (3) Determine thatthe requested minorpermit amendment shouldbeprocessed as apermit modification. The faeility source may implement a proposed revision that is considered a minor permit amendment seven days after notifyiag the Elej3artment submitting a complete application. The secretary shall issue minorpermit amendments without the procedural requirements applicable to obtaining aa opeffiting**~permit**modification. Source: 21 SDR 119, effectiveJanuary 5, 1995; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. 60 

# •
•

# •
•
• LawImplemented: SDCL 34A-1-21. 74:36:04:21. Permit modifications. Permit modifications are subject to the same procedural requirements in §§ 74:36:04:06 to 74:36:04:14, inclusive, as the original operating permitissuance as long as the source remains a minor source. However, the required review shall coveronlytheproposed changes rather than theunchanged activities ofthepermittee. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effectiveJanuary 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:22. Source status change-- New permit required. Ifa minor source becomes a Part 70 source because of a relaxation in a federally enforceable limit on the capacity ofthe source ormodification as defined in § 74:36:01:10, the requirements ofchapter74:36:05 applyto that source as though it were a single new source and the owner or operator shall obtain the applicable permit. Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:02.02, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effectiveApril4, 1999. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

6174:36:04:23. Reopening operating permit for cause. The department may reopen an • operating permit for further review if the department determines that the permit contains a material mistake in establishing the emissions standards or limits or other requirements ofthe operatingpermit or the department determines thatthe operatingpermitmustberevised to assure compliance with the applicable requirements ofthis article and the Clean AirAct. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:24. Procedures to reopen operating permit. The department shall notify the source at least 30 days before reopening an operatingpermitissued to the source. Thedepartment • may reopen a permit in a shorter time in an emergency. The procedures to reopen an operating permit shall follow the procedural requirements to issue an initial permit and shall affect only those parts ofthe permit for which cause to reopen exist. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21. 74:36:04:25. Generalpermit. Repealed.

62 

# •

# • Source: 19 SDR 157, effective April22, 1993; repealed, 23 SDR 106, effective December 29, 1996. 74:36:04:26. General permit-- Notice ofintent. Repealed. Source: 19 SDR 157, effective April22, 1993; repealed, 23 SDR 106, effective December 29, 1996. 74:36:04:27. Operating permit termination, meEiifieatien 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, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:28. Notice of operating noncompliance -- Contents. If the department determines that the operation ofa source is not in compliance with this article, the CleanAirAct, orpermit conditions, the department may issue a notice ofsuch a finding to the permitholder or operator of the source. The notice must contain citations to the rules, statutes, or permit conditions violated and the alleged facts upon which the determination is based. The secretary, with the concurrence ofthe alleged violator, may settle an issue ofnoncompliance by entering 63into a compliance agreement with the source that specifies the date for final compliance ofthe • source and any penalties under SDCL 34A-1-39. If a compliance agreement can not be negotiated, the department maypetitionthe chairman ofthe board for a contested case hearing or mayfile a civil penaltyor injunctive action incircuit court. Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:39, 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:47, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from §74:26:01:47, 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 1-26-20, 34A-1-53. 74:36:04:29. Petition for contested case on alleged violation. In accordance with §74:36:04:28, the department may file a petition containing the information required in article 74:09 with the chairman to request an order directing corrective action, that an enforcement hearing be scheduled pursuant to the provisions of chapter 74:09:01, or that the permit be suspended orrevoked for noncompliance. Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:40,7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from §74:26:01:48, 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6. 64 

# •
•

# • Law Implemented: SDCL 34A-1-47, 34A-1-49. 74:36:04:30. Stackperformancetests required. Repealed. Source: 19 SDR 157, effective Apri122, 1993; repealed, 23 SDR 106, effectiveDecember 29, 1996. 74:36:04:31. Circumvention ofemissions not allowed. A personmaynotinstall or cause the installation or use of a device or a means which conceals or dilutes an emission of air pollutants that would otherwise violate this article orthe Clean AirAct. This includes operating a source, unit, or control device which emits pollutants into the ambient air from an opening other • than the stack, vent, orequivalent opening from which theywere designed to be emitted.


# • Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:03, 7 SDR4, effective July27, 1980; transferred from§ 44:10:01:07, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:07, 19 SDR 157, effective Apri122, 1993. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:04:32. General permits. The secretary may issue a general permit to a category of airpollution sources that meets the following:

65(1) Involve the same orsubstantiallysimilartypes 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 construct or operate until they are granted coverage under the general permit, oruntil theyobtain an individual permitifrequired bythe secretary. Source: 30 SDR 26, effective September 1, 2003. GeneralAuthority: SDCL 34A-1-21. 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 outlinedin§§ 74:36:04:06 to 74:36:04:14, inclusive. 74:36:04:33. Secretary may require an individual permit. The secretary may require any source applying for a general permit or operating under a general permit to apply for and obtain an individual air quality permit. Individual air quality permits may be required at the discretion ofthe secretary, includingunderthe following circumstances;

66 

# •
•
•

# •
•
• (1) The owner or operator is not in compliance with the conditions of its existing individual airpermitpriorto applying for the general permit; or (2) Theowneroroperatoris notin compliancewith the conditions ofthe generalpermit. Source: 30 SDR26, effective September 1, 2003. GeneralAuthority: SDCL 34A-1-21. Law Implemented: SDCL 34A-l-56.

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

Applicability. PennitPart 70 operatingpermitrequired. Sourcesrequired to obtain aPart 70 operatingpermit. PSD or**~tSR** J3Feeoastruetioe ]3etmitrefilliired. Repealed. Sources exempt from obtaining a Part 70 operatingpermit. Insignificant activities. Transferred. Standard for issuance ofa Part 70 operatingpermit. 6774:36:05:06.01 Fees required for operatingpermit. 

# • 74:36:05:07 Timeperiod for operatingpermits and renewals. 74:36:05:08 Timely and complete application for 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 on permit application. 74:36:05:16 Statement ofbasis for recommended permit conditions. 74:36:05:16.01 Operatingpermitrequirements. 74:36:05:17 Publicparticipationinpermittingprocess. 

# • 74:36:05:18 Public and affected statereview ofdraft permit. 74:36:05:19 Transferred. 74:36:05:20 Repealed. 74:36:05:20.01 Finalpermitdecision -- Noticetointerestedpersons. 74:36:05:20.02 Petitions for contested case hearing. 74:36:05:20.03 EPAreview ofPart 70 operatingpermit. 74:36:05:21 EPA objectionto issuance ofoperatingpermit. 74:36:05:21.01 Departmentresponse to EPAobjection. 74:36:05:22 Departmentfailure to meetEPA objection deadline. 74:36:05:23 Publicpetitionto EPA onthe final permit. 74:36:05:24 Repealed. 

# • 68

# •
•
• 74:36:05:25 to 74:36:05:27 Transferred. 74:36:05:28 74:36:05:29 74:36:05:30 74:36:05:31 74:36:05:32 74:36:05:33 74:36:05:34 74:36:05:35 74:36:05:36 74:36:05:37 74:36:05:38 74:36:05:39 74:36:05:40 74:36:05:41 74:36:05:42 74:36:05:43 74:36:05:44 74:36:05:45 74:36:05:46 74:36:05:47 74:36:05:47.01 Permit expiration. Permitrenewal. Permit flexibility. Permit amendment -- Applicationrequired. Administrativepermit amendmentrequired. Procedure for administrativepermit amendments. Minorpermit amendment required. Requirements for minorpermit amendments. Application for minorpermit amendment. Notification ofEPA and affected statesrequired. Departmentdeadline to approveminorpermit amendment. Permitmodifications. Reopening operatingpermitfor cause. Procedures to reopenpermit. Reopeningpermitfor causebyEPA. EPAreview ofproposeddetermination. Department failure to submitproposed determination. Repealed. Permit termination, modification, revocation, and reissuance by department. Notice ofoperatingnoncompliance-- Contents. Circumvention ofemissions not allowed. 6974:36:05:48 74:36:05:49 74:36:05:50 74:36:05:51 74:36:05:52 Petitionfor contested case onallegedviolation. Repealed. Federal enforceabilityofpermitconditions. General permits. Secretarymayrequire an individual permit.

74:36:05:01. Applicability. The requirements ofthis chapter apply to all Part 70 sources reEJ:l:Hred to obtain a Part 70 opeFatiag

### pennit. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005. GeneralAuthority: 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 construct, install, modify, re>lise, or operate any source orunit likelyto cause the emission ofair pollutants into the ambient air or any equipment which prevents or controls the emission ofair pollutants into the ambient air until the applicable preconstruction a construction permit, PSD preconstruction permit, NSR preconstruction permit, orPart 70 operatingpermithasbeen issued bythe board orthe secretary.

70 

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


# •
• § 74:36:05:05, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effectiveApril4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. Cross-References: Sources exempt from obtaining a Part 70 operating permit, § 74:36:05:04; Timely and complete application for operatingpermitrequired, § 74:36:05:08. 74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required to obtain aPart 70 operatingpermitinclude the following: (1) Anymajor source; (2) Any source, including an area source, subject to a standard or regulation promulgated under§ 111 ofthe CleanAirActunless otherwise specifiedin§ 74:36:07; (3) Any source, including an area source, subject to a standard or regulation promulgated under § 112 ofthe Clean Air Act, except for a source that is solely subject to the regulations or requirements of§ 112(r) orunless otherwise specifiedin § 74:36:08; ( 4) Anyaffected source subjecttoTitle IV ofthe Clean AirAct; and (5) Any source in a source category designated by the administrator ofthe EPA through the CleanAirActpursuantto Title V ofthe Clean AirAct. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effectiveApril4, 1999. 71GeneralAuthority: 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 submitta-l sf a esffiJ9lete**ap~lieatisn** fur an**s~erating ~ermit**  fur a Part 70 ssaree ases net affeet the reqllirement that a ssaree ha¥e a P8D sr "N8R**~reesnstruetisn ~ermit**  as reE-J:uirea under § 110, 165, 172, sr 173 sfthe Clean Air Aet sr**eha~ters** 74:36:09 ana 74:36:10. A P8D sr**~t8R** ssareemust submit a esffij9lete**a~~lieatisn** fur a Part 70**s~erating ~ermit**  within 12 msnths after esmmeneing**s~eratisn.** Repealed. Source: 19 SDR 157, effective April 22, 1993; transferred from§ 74:36:05:10, 20 SDR 125, effectiveFebruary9, 1994; 21 SDR 119, effectiveJanuary 5, 1995. •**CeBeFal,~eFity:** 8DCL 34A 1 6, 34A 1 21. Law IIBflleme&ted: 8DCL 34A 1 21. 74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The following sources are exempt from obtaining a Part 70 operatingpermit: (1) All sourcesthat are notincludedin§ 74:36:05:03; (2) Sources that operate a unit subject to 40 C.F.R. 60, Subpart AAA-Standards of Performance for New Residential Wood Heaters (July 1, 2005 July 1, 2009) are exempt from the obligationto obtain a Part 70 operatingpermitprovidedthe sourceis notrequired to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted 

# •
72• sources must still meet the applicable requirements in 40 C.P.R. § 60, Subpart AAA (July 1, "(l(lO\. Of"**~''** (3) Sources that operate a unit subject to 40 C.P.R. § 61.145, Standard for Demolition and Renovation**(J~:Ily** 1, 2005 July 1, 2009) are exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.P.R.§ 61.145 (July 1, 2009).

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. 

# • GeneralAuthority: SDCL 34A-1-6, 34A-l-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 source has requested federally enforceable permit conditions related to the insignificant activity to avoid needing a PSD preconstructionpermit orNSR preconstruction permit: (1) One or more incinerators ofless than 100 pounds perhour combined burning capacity that combustmunicipal orhousehold waste; (2) A mobile internal combustion engine, including engines in autos, trucks, tractors, airplanes, locomotives, andboats; 

# • (3) Laboratory equipmentused exclusivelyfor chemical orphysical analysis; 73(4) A ae>liee or atJJ3aFatus unit that has a heat input capability ofnot more than 3,500,000 • Btusperhour, except for units fueled with woodorcoal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, orpavingparkinglots; (7) A unit that has the potential to emit two tons or less per year ofany criteria pollutant before the application ofcontrol equipment. A lffiit may notbe eonsidered insignifieant ifa state or federal limit is a.wliea!Jle to the 

### 1mit. However, the criteria pollutant emissions from the unit mustbeincluded indetermining ifthe source is a major source; and (8) A unit that has the potential to emit two tons or less per year of any hazardous air pollutant. However, the hazardous air pollutant emissions from the unit must be included in • determining ifthe source is a majororminor source. A unit can notbe considered insignificantif a state orfederal limitis applicableto theunit. However, insignificant activities exempted because of size or production rate must be identified in the Part 70 operating permit application. An application may not omit information neededto determinethe applicabilityoforto impose an applicablerequirement. Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005. GeneralAuthority: SDCL34A-1-6, 34A-l-21. LawImplemented: SDCL 34A-1-12, 34A-1-21. 74 

# •

# • 74:36:05:05. Transferredto §74:36:05:02. 74:36:05:06. Standard for issuance ofa Part 70 operating permit. A Part 70 operating permit for a HeW source orpermit moaifieatioR revision may be issued onlyifit has been shown that the operation ofthe HeW source orpermit moaifieatioRrevision will not prevent orinterfere with the attainment or maintenance of an applicable ambient air quality standard. Compliance with this requirement as determined by air pollution dispersion modeling is shall not be affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2005 July 1, 2009). Each HeW source, eKistiRg souree, ana permit moaifieatioR must comply with emission limits and other requirements of the act and • Clean Air Act. A Part 70 operating permit must include reasonable conditions, including 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 SDR72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §74:26:01:12, 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January2, 2005; 32 SDR209, effectiveJune 13, 2006. General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. 75Law Implemented: SDCL 34A-1-19, 34A-1-21. 74:36:05:06.01. Fees required for operating permit. The applicant for aE: a Part 70 operatingpermitfef and the owner or operator ofa source with a Part 70 SffiiWe operatingpermit shall submit a fee inaccordance with article 74:37. Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:11, 20 SDR 125, effective February 9, 1994. General Authority: SDCL 34A-l-57, 34A-l-58. Law Implemented: SDCL 34A-l-58. 

# •

74:36:05:07. Timeperiod for operatingpermits and renewals. A permitfor an affected • source under Title IV ofthe Clean Air Act shall be for a fixed term of five years. Operating permits for all Part 70 sources shall be issued for a period up to five years and all subsequent operatingpermits shall be for aperiod offive years. A permitissued for a solid waste incinerator subject to the requirements of§ 129(e) ofthe CleanAirAct shall befor aperiod not to exceed 12 years and shall bereviewedbythe 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. GeneralAuthority: SDCL 34A-l-6, 34A-1-21, 34A-1-24. 76 

# •

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

### 74:36:05:08. Timely and complete application for operating permit required. A person who owns or operates a Part 70 sourcerequiredto have an operatingpermitmust submit a timely and complete application. An application is timely ifit meets the time limits specified in this section. An application is complete if it meets the requirements in §§ 74:36:05:12 and 74:36:05:13. Thetimelimits are set as follows: (1) A source applying for its initial Part 70 operating permit or a modifieatioa to aa t!*istiag sol:H'ee, 6*66J3t as**pro~cided** ia sHbdivisioa (3), must submit a complete application to the department ao less than siJ< moRths before begimiag aerual eonstFI:letioa. A-R applieatioa maybe sHbmitted ia a shorter time frame if the applieaRt reeeives prior writtea appro'ral from the • dSJ3artffieRt. for pl:H:Jloses ofthis seetioa, begimiag aerual eoas1nletioa meaas the iaitiatioa of physieal, oasite eoastFI:letioa, reeoastmetioa, ormodifieatioa**aeti~cities** oa a uait or ehaage ia method ofoperatioathat are ofperrnaaeRt aature 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 emissionunits involved with themodification.**~ill** A Part 70 source applying for renewal of an operating permit must submit a complete application six monthsbefore the date ofpermitexpiration. Ifa source submits a timely and complete application for renewal ofa permit, the terms and conditions ofthe existingpermit remain in effectuntil therenewal permithas been issued or denied. This right to operate pending action on an application is extinguished ifthe applicant fails to submit on time the information 

# • identified in§ 74:36:05:12; 77

### ~ (±) 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 under the preeonstrnetion re>;ie>u programl*l:Ser part CorD ofTitle I ofthe Clean ,'\iT Aetmustfile 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 operating permit for a Part 70 source would prohibit such construction or the change in operation, the source must obtaina the applicable construction permit, PSD preconstructionpermit, orNSRpreconstruction permitmoaifieationbefore commencingoperation; f41 

### ill Applications for initial phase II acid rain permits must be submitted to the department by January 1, 1996, for sulfur dioxide and by January 1, 1998, for nitrogen oxides; and

## ~ .(§} An existing municipal solid waste landfill that meets the requirements of • subdivisions 74:36:07:34(1) and (2) is required to submit a Part 70 operating permit application within 15 months ofthe effective date ofEPA's approval ofthe state's § 111(d) plan required in the CleanAirAct. Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January2, 2005. GeneralAuthority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-l-12, 34A-1-21. 

# •
78

# •
•
• Note: A Part 70 source applying for an initial operating permit or a permit modification must obtain a construction permit in accordance with§§ 74:36:09, 74:36:10, or 74:36:20 before commencing construction ofthe source orpermitmodification. 74:36:05:09. Complete application. The department shall determine completeness ofan application for an initial Part 70 operating permit, permit modification, or renewal ofa Part 70 operating permit 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 incomplete within 60 days after receipt of the application, the applicant may consider the application complete. At any time during the processing ofthe application, the department may request, in writing, additional informationnecessaryto evaluate ortake final action onthe application. If the application is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to complete the application. The applicant has aR adaitioaal 20 working days afterreceipt ofan incompletenotification or request for additional information to submit the requested 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 in writing ifthe application is oris notcomplete. Once a designated representative submits a timely and complete acid rain permit application, the owners or operators ofthe affected source and the affected units covered by the permit application are considered incompliance with the requirement to have an acid rainpermit 79until the final permit is issued, provided that any requested additional information is submitted • during the permittingprocess. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:10. Transferredto § 74:36:05:03.01. 74:36:05:11. Transferredto§74:36:05:06.01. 

# • 74:36:05:12. Required contents ofcomplete application. An applicant for an operating permit for a Part 70 source orpermit modification must submitthe following information for the application to beconsidered complete: (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, and the plant sitemanager orcontact; (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) The following information on emissions: 

# • 80

# •
•
• (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 emissionsunit, exceptwhen suchunits are exempt; (b) Identification and description ofall emissionj':leffits units 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 consistent withthe applicable standardreference testmethod; (d) Fuels, fuel use, raw materials, productionrates, and operating schedules; (e) Identification and description of air pollution control equipment and compliance monitoringdevices oractivities; (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 of emissions units, flow rates, building dimensions, and stack parameters, including height diameter, and plumetemperature; and (h) Calculations onwhichtheitems inthis subdivision arebased; (4) One copy of any prepared plans and the specifications of any equipment or other facilities thatmayaffectthe source, includingpollutioncontrol devices; (5) An abatement strategies plan, ifrequiredbychapter 74:36:03; (6) A signed and notarized certification ofapplicant form, as providedbythe department;

81(7) The results ofany air dispersion modeling or stack performance testing required bythe • department; (8) Citation and description of all applicable air 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 Clean AirAct orto determine the applicability ofsuch requirements; (12) An explanation ofanyproposed exemptions from otherwise applicable requirements; • (13) The use of standardized forms for acid rain portions of permit applications and complianceplans; (14) Information necessary to define reasonably anticipated alternative operating scenarios, to define permit terms and conditions pursuant to § 74:36:05:30, or to implement a federally enforceable emission cap; (15) A complianceplanthat contains all ofthe following and is at least as stringent as that containedin anyjudicial consent decree or administrative order to which the source is subject: (a) A description ofthe compliance status ofthe source for all applicable requirements, including applicablerequirements that will become effective during the term ofthe permit; (b) A description ofthe requirements for which the source is not in compliance at the time ofpermit issuance and a narrative description and a compliance schedule ofhowthe source • 82• 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 statement that the sourcewill 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 and reportingrequirements, andtest methods; • (b) A statement that compliance certifications will be submitted at least annually or at other designated times for the duration ofthe permitto the department; (c) A statementthat the source is in compliance with all applicablerequirements; (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 state that, based on information and belief 

# •
83

### formed after reasonable inquiry, the statements and information in the documents are true, • accurate, and complete; and (18) Any other information requestedbythe department after submission ofan application for a permit to operate a Part 70 source which is relevant to determine compliance ofthe source with the Clean AirAct. 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. General Authority: 

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

### SDCL 34A-1-12, 34A-l-21. 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. 74:36:05:13. Applicant required to supplement or correct application. 

### Ifthe applicant is aware that the application is incomplete or that any relevant facts or information contained in an application are incorrect, the applicant shall submit the supplementary facts or corrected information. The applicant shall provide additional information as necessary to address 84 

# •
•• requirements that become applicable after the application is filed but before the release ofthe draftpermit. 

# •
• Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:14. Permit application-- Completeness review. Repealed. Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; repealed, 21 SDR 119, effective January 5, 1995. 74:36:05:15. Deadline for fmal action on permit application. Except for the permitting ofaffected sources under the Title IV acid rain program, final action on each permit application for an operating permit for a Part 70 source, including requests for permit modification or renewal, mustbecompleted within 18 months afterreceipt ofa complete application. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effectiveJanuary5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:16. Statement ofbasis for recommended permit conditions. The department shall review the complete application for a Part 70 operatingpermit and develop a statementthat 85sets forth the legal and factual basis for therecommendedpermit conditions, includingreferences • to the applicable statutory or regulatory provisions. The department shall provide this statement to EPA, the applicant, and, uponrequest, to thepublic and affected states with the 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, effectiveApril4, 1999. GeneralAuthority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:16.01. Operating permit requirements. Eachpermitissued for the operation of a Part 70 source must contain: (1) The name ofthe person, company, political subdivision, agency, or institution granted • a permit; (2) Thetype ofoperation; (3) Theplaffi facility and mailing address; (4) Thedate the operatingpermitwas granted and on which it will expire; (5) A number for administrativereference; (6) A Thename ofa designated person orofficer responsible for the source's operation; (7) A statement granting an operating permit bythe board or secretarv and any conditions that theboard orsecretarvmayimposeto ensure compliancewith 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 and CleanAirAct and includingthe following: 

# • 86

# •
•
• (a) Thereference ofauthority for eachterm or condition; (b) The applicable requirements from the CleanAirAct and from Title IVrequirements ofthe Clean Air Act, reviewing both requirements and distinguishing which is more stringent and incorporatingbothinto thepermit; and (c) Ifan alternative emission limit is approved in the state implementation plan (SIP), provisions to ensure that the alternative emission limit inthe 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 andrelatedrecordkeeping andreporting 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) If the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit. Such monitoring requirements must assure use ofterms, test methods, units, averaging periods, and other statistical conventions consistentwiththe applicablerequirement; (c) As necessary, documentation of the use, maintenance, and if appropriate, installation ofmonitoringequipmentormethods; (d) Documentationofthe following:

87(i) 

### The date, place as defined in the permit, and time of sampling or measurements; (ii) The date or dates analyses were performed; (iii) The companyorentitythatperformed the analyses; (iv) The analytical techniques ormethods used; (v) Theresults ofsuch analyses; and (vi) The operating conditions as existing at the time of sampling or measurement; (e) Recordkeeping and reporting requirements that complywiththe 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 mustbe certifiedbyaresponsible 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 ofapplicable emission rates, and the use ofany allowance priorto the year for which itwas allocated underthe Title IV program ofthe Clean Air Act;

88 

# •
•
•

# • (11) A severability clause asserting the continued validity ofpermit requirements if any portions ofthe permit are challenged; (12) Provisions stating the following: (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, permittermination, revocation and reissuance, or modifieatioH 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 beennecessaryto cease orreduce the permitted activityin order to maintain compliance; (c) The permitmaybemodified, revised, revoked and reissued, reopened, or terminated for cause. EJdstiHg permit eoHditioHs will Hot be affeeted by the The filing ofa request by the • permittee for a permit modifieatioH revision, revocation and reissuance, or termination or ofa notification ofplanned changes or anticipated noncompliance does not stayanypermit 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 modifyiHg revising, revoking and reissuing, reopening, or terminatingthe permit orto determine compliance; (13) Terms and conditions for reasonably anticipated operating scenarios identified bythe source in its application and approved bythe department. The terms and conditions must require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record ofthe scenario under which it is operating and

89must ensure that the terms and conditions ofeach such alternative scenario meet all requirements • ofthe Clean Air Act; (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 ofthe permit. All documents, including reports, required by the permit must be certified by a responsible official consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted annuallyfrom the date ofpermitissuance to the department and EPA; (b) Inspection and entryrequirements thatrequire the permittee to allow the department or an authorized representative to perform the following: (1) Enter upon the permittee's premises where a Part 70 source is located or emissions-related activity is conducted or where records mustbekept under the conditions ofthe • permit; (2) Have access to and copy, at reasonable times, any records that must be kept under the conditions ofthe permit; (3) Inspect at reasonable times any facilities, equipment, practices, or operations regulated orrequired under thepermit; and (4) As authorized by the Clean Air Act, sample or monitor at reasonable times substances or parameters for the purpose ofassuring 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 • 90• 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 accordancewith subdivision 74:36:05:12(16); (15) A conditionrequiring a Part70 source to pay any required fees; (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 CleanAirAct; (17) Any provisions the department uses to issue general permits that are in accordance with40 C.F.R. Part70.6(d) (JHly 1, 2005 July 1, 2009); (18) Provisions for permit emission exceedances due to emergencies that are in accordance withtherequirements in40 C.F.R. Part70.6(g) (JHly 1, 2005 July 1, 2009); and 

# • (19) All applicablerequirements ofthe Clean AirAct. Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January2, 2005; 32 SDR 209, effectiveJune 13, 2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:17. Public participation in permitting process. All operating permit issuance proceedings, including renewals, permit**modification~,** and reopenings, for a Part 70 source, except as provided in this chapter, must provide an opportunity for public and affected states to 

# • comment onthe draftpermit. 91The 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: (1) A briefstatement describing the faeility source, including the name and address ofthe permittee; (2) The activityoractivities involved inthepermit action; (3) The emissions change involvedin anypermitmodification; ( 4) Thedepartment's recommendation and the reasons for it; (5) A statement that a person may submit comments or contest the draft permit within 30 

# •

days after publication 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 April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. 92 

# •

# • 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 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 casehearing mustbe in writing andprepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are notbased on applicablerequirements ofthis article ortherequirements 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 effective date changedto March 15, 1995; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:19. Transferred to § 74:36:05:20.03. 74:36:05:20. Department review of affected states' comments on draft permit. Repealed. 

# • 93Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, • and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; repealed, 25 SDR 123, effective April4, 1999. 74:36:05:20.01. Final permit decision -- Notice to interested persons. The department shall make its final permit decision within 30 days ofthe end ofthe public commentperiod on a draft permit. The department shall notify, in writing, the applicant and each person or affected statethat submitted written comments orrequested notice ofthe final permitdecision. Thenotice shall include reference to the procedures for contesting the final permit decision andrequesting a hearing in accordance with article 74:09. Forthepurpose ofthis section, the-final permit decision means proposing a new, modified, orrenewed permit, denying apermit, orterminating a permit. The proposed nevi, modified, or renewed Part 70 operating permit will be submitted to EPA within 30 days ofnotifying the applicant and each person or affected state that submitted written comments or requested notification of the final permit decision except under the following conditions: (1) A later effective date is 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 permitdecision andtheproposed Part 70 operatingpermitis submittedto EPA.

94 

# •
•

# •
•
• Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 125, effective February 9, 1994; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34. 74:36:05:20.02. Petitions for contested case hearing. The applicant, interestedperson, or affected state may petition the board and obtain a contested case hearing to dispute the department's draftpermit. Any otherperson maypetition to intervene and request ahearing ifthe person has an interest affected bythe department's draft permit. Suchpetitions must complywith the provisions ofarticle 74:09 and bereceived by the department within 30 days after the notice required by§ 74:36:05:17. The applicant or an interested person or affected state that comments on the draft permit may petition the board for and obtain a contested case hearing to dispute the department's final permit decision. Suchpetitions must comply withthe provisions ofarticle 74:09 and bereceived bythe department within 30 days after the applicant, interested person, or affected state receives the department's final permitdecision. Ifthe draft permit orthe final permit decision is contested, the department shall presentthe draftpermit orfinal permit decisionto theboard for action in accordance with article 74:09. Source: SL 1975, ch 16, §1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from 95§44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR • 50, effective October 4, 1987; transferred from§ 74:26:01:39, 19 SDR 157, effective April 22, 1993; transferred from §74:36:05:26, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effectiveJanuary 5, 1995; 25 SDR 123, effective April4, 1999. GeneralAuthority: 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 peffHit for a Part 70 sooree operating permit, including any application**for~** permit modification at the time the application is received by the department, minutes of the proceedings of a contested case hearing, the draft permit, comments from the public or affected states on the draft permit and the department's response, • the proposed Part 70 operating permit, and the final permit after EPA review. The department may, in agreement with EPA, submit a permit application summary form and any relevant portion ofthe permit application orcomplianceplan. 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 Apri14, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

96 

# •

# •
•
• 74:36:05:21. EPA objection to issuance of operating permit. The department may not. issue a proposed Part 70 operating permit as a final permit for a Part 70 source ifEPA objects to its issuance within 45 days after receipt ofthe proposed Part 70 operating permit pursuant to § 74:36:05:20.03. Ifthere is no EPA objection, the department shall issue the proposed Part 70 operatingpermit as a final permit. Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21. Cross-Reference: EPAobjectionprocedure, 40 C.F.R. § 70.8(c). 74:36:05:21.01. Department response to EPA objection. The department shall respond within 90 days to the EPA objection. The department may either revise the proposed Part 70 operating permit orjustify its position on the proposed Part 70 operating permit to EPA. Ifthe department decides to revise the proposed Part 70 operating permit, it shall pablish a publie aotiee as reEJ:Uirea by 

### §74:39:05:17 aHa take eoB'H'l'l:eats H-om the publie oa the re•;isea peFHlit follow the procedural requirements for an initial Part 70 operating permit, administrative permit amendment, minorpermit amendment, orpermitmodification, as applicable.

97Ifthe EPA concurs with the revised proposed Part 70 operatingpermit orthe department's • justification, the department shall issue a final permit and submit it to the EPA. Ifthe EPA does not concur, the EPAis responsible for issuingthe final permit. Source: 20 SDR 125, adopted February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changedto March 15, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL34A-1-21. 74:36:05:22. Department failure to meet EPA objection deadline. If the department fails to submit a revised proposed Part 70 operating permit orjustification in accordance with § 74:36:05:21.01 to EPA to meet the objection within 90 days after its receipt, responsibility for • issuing ordenying the final permitrests withEPA. Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changedto March 15, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:23. Public petition to EPA on the rmal permit. When a proposed Part 70 operating permit is issued as a final permit bythe EPA or the department, a personmaypetition the EPA in writing within 60 days after expiration of EPA's review period specified in 98 

# •• §§ 74:36:05:20.03 to 74:36:05:22, inclusive, to object to the issuance of a final permit. The petition may be based only on objections to the permit that were raised with reasonable specificity during the public comment period, unless the petitioner demonstrates that it was impracticableto raise such objections within the public commentperiod orunless the grounds for the objection arose after the public comment period. IfEPA objects to the issuance ofthe final permit as a result ofa petition, the department shall respond to EPA's objection. Upon resolution ofEPA's objection, the permit shall remain the same or maybemodified, terminated, orrevoked bythe department or EPA Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and • effective date changed to March 15, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:24. Affected state and EPAreview required. Repealed. Source: 19 SDR 157, effective April 22, 1993; repealed, 20 SDR 125, effective February 9, 1994. 74:36:05:25. Transferred to § 74:36:05:20.01. 

# • 74:36:05:26. Transferred to § 74:36:05:20.02. 9974:36:05:27. Transferred to§74:36:05:16.01. 74:36:05:28. Permit expiration. Permit expirationterminates the source's right to operate under the Part 70 operating permit unless a timely and complete renewal application has been submitted to the department. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 

# •

Cross-Reference: Timely and complete application for operating permit required, • § 74:36:05:08. 74:36:05:29. Permit renewal. Permits to be renewed are subject to the same procedural requirements in§§ 74:36:05:08 to 74:36:05:23, inclusive, as the original Part70 operatingpermit issuance. Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 31 SDR 101, effective January 2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

100 

# •

# • 74:36:05:30. Permit flexibility. An operating permit issued to a Part 70 source must allow the source to make the changes listedbelow withoutrequiring a permitrevision before the source makes those changes ifthe change is not a modification under any provision ofTitle I of the Clean Air Act and the change does not exceed the emissions allowable under the permit. The source must provideboth EPA

# ana 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 suchnoticeto its copyoftherelevantpermit. Permitted sources may make changes which do not violate any applicable requirements or contravene federally enforceable permit terms and conditions, such as monitoring, including test methods; recordkeeping; reporting; or compliance certification requirements. For each such • 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 

# • condition that is no longer applicable as aresult ofthe change Ifa permit applicant requests it, the department must issue permits that contain terms and conditions, including all requirements under § 74:36:05:16.01, allowing for the trading of increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. The permit applicant must include inits permit application the proposed replicable procedures and permit terms that ensure that the emission trades are quantifiable and enforceable. Any emission units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emission trades shall not be permitted for trading of 101emissions. The writtennotice must include, at a minimum, whenthe proposed change will occur, • a description of each such change, any change in emissions, and how these increases and decreases in emissions will complywiththe terms and conditions ofthe permit. Source: 19 SDR 157, effective Apri122, 1993; 21 SDR 119, effectiveJanuary 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:31. Permit amendment -- Application required. An amendment to a permit can be applied for at anytime bythe aJ3J3lieam's submittal ofan application. The application must specify 

### ifthe requested am6fltiHleffi ana the Feasons foF it permit revision is an administrative permit amendment, a minor permit amendment, or a permit modification. The application shall • contain the necessary information required for an administrative permit amendment, minor permit amendment, orpermit modification. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:32. Administrative permit amendment required. An administrative permit amendment 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 

# •

102• and documentation supporting the applicant's claim the revision qualifies as an administrative permit amendment. Source: 19 SDR 157, effectiveApril22, 1993; 23 SDR 106, effective December29, 1996. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:33. Procedure for administrative permit amendments. An administrative permit amendment shall be made by the department without being subject to advance notice or the procedural requirements applicable to a permit modification. The department shall take no more than 60 days from receipt ofan application for an administrativepermit amendmentto take • final action on the application. The department maymake such changes without providing notice to the public or affected states ifit designates any such permit revisions as being made pursuant ' to this section. The department shall submit a copy ofthe revised permit to EPA. The sourcemay implement the changes addressed in the application for an administrative amendment immediatelyupon submittingthe application. Source: 19 SDR 157, effectiveApril22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:34. Minor permit amendment required. A Part 70 source mayrequest a minor 

# • permit amendment under §§ 74:36:05:35 to 74:36:05:38, inclusive, for a change that does not 103constitute a modification and is not prohibited under any applicable requirement under Title I of • the Clean AirAct. Source: 19 SDR 157, effectiveApril22, 1993; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:35. Requirements for minor permit amendments. A minorpermit amendment is an amendment to an existing permit and is issuedbythe secretary. Aminor permit amendment maybe issuedbythe secretary iftheproposedrevisionmeets the following requirements: (1) Itdoes not violate any applicablerequirement; 

# • (2) It does not involve significant changes to existing monitoring, reporting, or recordkeepingrequirements inthe permit; (3) Itdoes not require or change a case-by-case determination ofan emission limit orother standard, a source-specific determination for temporary sources of ambient impacts, or a visibilityorincrement analysis; (4) Itdoes not seek to establish or change apermit term or condition for which there is no corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable emissions cap assumed to avoid classification as 

# •
104• a modification under any provision of Title I, and an alternative emissions limit approved pursuantto regulations promulgatedunder§ 112(i)(5) ofthe CleanAirAct; and 

# •
• (5) Itdoes not constitute a modificationunderTitleI oftheCleanAirAct. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effectiveJanuary 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL34A-1-21. 74:36:05:36. Application for minor permit amendment. An application for a minor permitamendment shall includethe following: (1) A description ofthe proposed change, the resulting change in emissions, and any new applicablerequirements; (2) The source's suggested draftpermit; (3) Certification by a responsible official that the proposed revision meets the applicable requirements ofa minorpermit amendment; and (4) Completed forms for notifyingEPAand anyaffected states. Source: 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL34A-1-21.

105

### 74:36:05:37. Notification of EPA and affected states required. The department shall • notify EPA and any affected states within five working days after receipt ofa complete minor permit amendment application. 

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

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

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

### 74:36:05:38. Department deadline to approve minor permit amendment. +he departmeffi may not issue a final minor permit amendment until after EPA's 45 day re:vitwl or until EPA has aotified the departmeE:t that EPA will not objest to the issuanee of the miaor peffilit amendment. The department shall take the following final action on a proposed minor • permit amendment within 90 days after receipt of a complete application for a minor permit amendment or 15 days afterthe end ofEPA's 45-dayreviewperiod, whicheveris later: (1) Issue theminorpermit amendment as proposed; (2) Denythe minorpermit amendment application; (3) Determine thattherequested minorpermit amendment shouldbeprocessed as a permit modification; or (4) Revise the proposed minor permit amendment and transmit the revised amendment to EPA. 

# •

106

# • 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 maynot issue a final permit for a minorpermit amendment until after EPA's 45- day review oruntil EPA has notified the department that EPA will not object to the issuance of the minorpermit amendment. The source may implement a proposed revision that is considered a minorpermit amendment seven days after submitting a complete application. Source: 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

• 74:36:05:39. Permit modifications. Permit modifications are subject to the same


# • procedural requirements in §§ 74:36:05:08 to 74:36:05:23, inclusive, as the original permit issuance, except that the required review covers only the proposed changes rather than the unchanged activities ofthe permittee. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effectiveJanuary 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-l-21. 74:36:05:40. Reopening operating permit for cause. The department may reopen and revise an operatingpermit for the following reasons:

107(1) Additional requirements of the Clean Air Act become applicable to a major source • subject to a Part 70 operating permit and for which three years ormoreremain on the term ofthe permit. Such reopenings or revisions shall be made not more than 18 months after the promulgation of the relevant standard or regulations. Such reopenings or revisions are not required ifthe effective date ofthe requirement is later than the date on which the permit is due to expire; (2) Additional requirements become applicable to an affected source under Title IV ofthe Clean Air Act; (3) There is a determination bythe department or EPA that the permit contains inaccurate statements or material mistakes in establishing the emission standard limitations on other • requirements ofthe permit; or ( 4) The department or EPA determines that the permit must be revised or revoked to assure compliance with the applicable requirements ofthe Clean Air Act or this article. Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effectiveJanuary 2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

108 

# •

# •
•
• 74:36:05:41. Procedures to reopen permit. 

### Reopening a permit shall follow the procedural requirements to issue an initial permit and shall affect only those parts ofthe permit for which cause to reopen exists. The department shall follow the procedural requirements for initial permit issuance and shall notify the source subjeet to Part 70 at least 30 days before reopening a permit issued to the source. The department may provide a shorter notice in an emergency. Source: 

### 19 SDR 157, effective April22, 1993. General Authority: 

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

### SDCL 34A-1-21 . 74:36:05:42. Reopening permitfor cause byEPA. 

### Within 90 days afterEPAnotifies 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, modifieatioR

### 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. 74:36:05:43. EPA review ofproposed determination. 

### After EPAreview oftheproposed determination, the department has 90 days from receipt of an EPA objection to resolve the rejection. 109Source: 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 aproposed determination withinthe 90-dayperiod in§ 74:36:05:42 orfailure to resolve the objection in §74:36:05:43 will result in termination, moaifieation revision, or revocation and reissuance of the permit by EPA after the permittee receives 30 days written notice from the EPA of the reasons for the action and the permittee has an opportunity for comment and hearingbyEPA on the proposed action.

1995. Source: 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:45. EPA's decision fmal action. Repealed. Source: 19 SDR 157, effective April22, 1993; repealed, 21 SDR 119, effective January 5,

74:36:05:46. Permit termination, modification, revocation, and reissuance by department. The department shall may terminate, modify revise, or revoke permits for 110 

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### • 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 ofthe rest of the operating permit, nor does invalidation ofany other portion ofthe operating permit affect the continuing validityofthe acidrainportion ofthe permit. Source: 

### 19 SDR 157, effective April22, 1993. General Authority: 

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

### SDCL 34A-1-21. 74:36:05:47. Notice of operating noncompliance -- Contents. 

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

### 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:39,7 SDR 4, effective July 27, 1980; transferred from §44:10:01:47, effective July 1, 1981; 10 SDR 68, 

# •
Illeffective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from • §74:26:01:47, 19 SDR 157, effectiveApril22, 1993. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 1-26-20, 34A-1-39, 34A-1-53. 74:36:05:47.01. Circumvention of emissions not allowed. A person may not install or cause the installation or use ofa device or a means which conceals or dilutes an emission ofair pollutants that would otherwise violate this article orthe CleanAir Act. This includes operating a source, unit, or control device which emits pollutants into the ambient air from an opening other than the stack, vent, orequivalent opening from whichtheywere designed to beemitted. Source: 21 SDR 119, effective January 5, 1995. 

# • GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:05:48. Petition for contested case on alleged violation. ln accordance with § 74:36:05:47, the department may file a petition containing the information required in article 74:09 to request an order directing corrective action, that an enforcement hearing be scheduled pursuant to the provisions of article 74:09, or that the permit be suspended or revoked for noncompliance. Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:40,7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 

# •

112• SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from § 74:26:01:48, 19 SDR 157, effectiveApril22, 1993. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL34A-1-47, 34A-1-49. 74:36:05:49. Stackperformance tests required. Repealed. Source: 19 SDR 157, effective April22, 1993; repealed, 23 SDR 106, effective December 29, 1996. 74:36:05:50. Federal enforceability ofpermit conditions. All terms and conditions ofa • Part 70 operatingpermitissuedpursuantto this article, including anyprovisions designed to limit a source's potential to emit, are federally enforceable, except those conditions imposed by the department that are not required under the Clean Air Act. The conditions imposed by the department that are not required under the Clean Air Act must be specifically designated as not being federally enforceable. Source: 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995. General Authority: SDCL34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:05:51. General permits. The secretary may issue a general permit to a category of 

# • airpollution sources thatmeets thefollowing: 113

### (1) Involve the same or substantially similartypes 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 construct or operate until they are granted coverage under the general permit, oruntil they obtain an individual permitifrequired bythe secretary. Source: 30 SDR 26, effective September 1, 2003. GeneralAuthority: SDCL 34A-1-21. LawImplemented: SDCL 34A-1-56. 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 outlinedin§§ 74:36:05:08 to 74:36:05:23, inclusive. 74:36:05:52. Secretary may require an individual permit. The secretary may require any source applying for a general permit or operating under a general permit to apply for and obtain an individual air quality permit. Individual air quality permits may be required at the discretion ofthe secretary, includingunderthe following circumstances; 114 

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

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

Applicability. Allowable emissions for fuel-burning units. Allowable emissions for process industryunits. Particulate emissionrestrictions for incinerators and waste woodburners. Most stringentinterpretation applicable. Stackperformance test. Openburningpracticesprohibited. 11574:36:06:01. Applicability. Any unit required to be permitted under this article must comply with the standards and requirements in this chapter except as otherwise specified in chapter 74:36:07, 74:36:08, 74:36:09, 74:36:10, or74:36:16. Source: SL 1975, ch 16, § 1; transferred from§ 34:10:07:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:07:01, effectiveJuly 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:07:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effectiveJanuary 5, 1995. General Authority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-6. 74:36:06:02. Allowable emissions for fuel-burning units. An owner or operator of a fuel-burning unit may not cause or permit emissions ofthe following regulated air pollutants from the combustion of solid, gaseous, or liquid fuels that exceed the following allowable emissions limits that applyto the fuel-burning unit: (1) Particulatematter: (a) A fuel-burning unit with heat input values less than 10 million Btus per hour may not exceed .6 pounds ofparticulatematterpermillionBtus ofheatinput; and

116 

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# • (b) A fuel-burning unit with a heat input equal to or greater than 10 million Btus per hourmaynot exceed theparticulate emissionsrate determinedbythe following equation: E = 0.811H-0· 131 , where E 

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

### =heat input in millions ofBtusperhour; (2) Sulfur dioxide: A fuel-burning unit may not emit sulfur dioxide emissions to the • ambient air in an amount greater than three pounds of sulfur dioxide per million Btus ofheat input to the unit based on a three-hour rolling average, which is the arithmetic average ofthree 

# • contiguous one-hourperiods. Source: SL 1975, ch 16, § 1; transferred from§ 34:10:07:03, 7 SDR 4, effective July 27, 1980; transferred from §44:10:07:03, effective July 1, 1981; 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:06:02.01 and 74:26:07:03, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 11774:36:06:03. Allowable emissions for process industry units. An owner oroperator who operates a process industryunit maynot cause orpermit emissions ofthe following regulated air pollutants from any unit in excess ofthe amount expressed in the equation allocated to the unit listed inthis section: (1) Particulatematter: (a) The allowable particulate emissions rate for process industry units with process weightrates up to 60,000pounds perhour shall bedeterminedbyuse ofthe following equation: E 

### =4.10 x P0" 67, and (b) The allowable particulate emissions rate for process industry units with process weight rates in excess of 60,000 pounds per hour shall be determined by use ofthe following equation: E 

### = [55.0 x P0"11] - 40, where E 

### =therateofemissioninpoundsperhour and P = process weightrate intons perhour;

118 

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• (2) Sulfur dioxide: A process unit which uses combustible fuel may not emit sulfur dioxide emissions to the ambient air in an amount greater than three pounds ofsulfur dioxide per million Btus of heat input to the unit based on a three-hour rolling average, which is the arithmetic average ofthree contiguous one-hourperiods. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:06:08 and 34:10:07:03, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:06:05 and 44:10:07:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:06:05 and 74:26:07:03, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:06:04. Particulate emission restrictions for incinerators and waste wood burners. An 

### owner or operator may not cause or permit an incinerator or wood waste burner to emit a regulated air pollutant ofa density greater than that designated as 20 percent opacity. No other emission limits applyto these sources exceptthose inchapters 74:36:07 and 74:36:08. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:06:01, 7 SDR 4, effective July27, 1980; transferred from §44:10:06:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14,

119

### 1989; 17 SDR 170, effective May 13, 1991; transferred from §74:26:06:01, 19 SDR 157, • effective April22, 1993; 31 SDR 101, effective January 2, 2005. General Authority: 

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

### SDCL 34A-1-6. 74:36:06:05. Most stringent interpretation applicable. 

### Ifthe nature ofany unit or the design ofany equipment permits more than one interpretation ofthe limits ofthis chapter, the interpretation thatresults in themost stringentvalue for the allowable emissions shall apply. Source: 

### SL 1975, ch 16, §1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:06:10,7 SDR4, effective July 27, 1980; transferred from§ 44:10:06:07, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:06:07, 19 SDR 157, effective April22, 1993. General Authority: 

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

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

### A unit subject to this chapter must follow the requirements in chapter 74:36:11 for stack performance tests. A stack performance test is required under the following conditions: (1) 

### A new unit or modification ofan existing source with the potential to emit any ofthe regulated pollutants greater than 100 tons per year shall conduct a stack performance test to determine compliancewith the applicable standard; 120 

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• (2) A unit that emits any regulated pollutants may be required to conduct a stack performancetest to determine compliance with all applicable emission standards upon renewal of apermitto operate or atthe discretion ofthe secretary. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:05:02, 7 SDR4, effectiveJuly27, 1980; transferred from§ 44:10:05:02, effective July 1, 1981; 13 SDR 129,13 SDR 141, effectiveJuly 1, 1987; transferred from§ 74:26:05:02,19 SDR 157, effective April22, 1993; 31 SDR 101, effective January 2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12. 74:36:06:07. Open burning practices prohibited. The following open burning practices areprohibited: (1) A person maynotbumwaste oils, rubber, waste tires, tarpaper, or asphalt shingles. For the purposes ofthis subdivision, waste oil means any oil that has been refined from crude oil, used, or contaminated by physical or chemical impurities. An exception for crude oil is allowed as a remediation alternative for soils contaminated with crude oil if a person submits the information requested in§ 74:10:05:11.04 and the secretary approves the alternative remediation process;

121(2) A municipality or county governmental agency may not bum municipal solid waste • unless exemptedbythe small town exemptioninaccordance with§ 74:27:12:25; (3) A person may not conduct or permit the operation of a salvage operation by open burning, except as allowed in article 74:27; and (4) A person may not bum railroad ties or wood treated with inorganic arsenicals, pentacholorophenol, orcreosols. Open burning ofany other material must be conducted in accordance with all applicable local ordinances and state laws andrules. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:04:02 and 34:10:04:08, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:04:02 and 44:10:04:08, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:04:02 and 74:26:04:08, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; transferred from § 74:36:15:01, 23 SDR 106, effective December29, 1996; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-18. LawImplemented: SDCL 34A-1-18. Cross-References: Promulgation of rules -- Factors for consideration -- Scope -- Open burning, SDCL 34A-6-1.6; Openburningrestrictions,§ 74:27:13:11. 122 

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• Section 74:36:07:01 74:36:07:02 74:36:07:03 74:36:07:04 74:36:07:05 74:36:07:06 

### CHAPTER74:36:07 NEWSOURCEPERFORMANCESTANDARDS

New sourceperformance 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 generatingunits. Standards ofperformance for incinerators. 74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators constructed onorbefore June 20, 1996. 74:36:07:06.02 Standards ofperformance for hospital/medical/infectious waste incinerators for which constructionis commenced afterJune 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 Ash disposal requirements. 12374:36:07:09 74:36:07:10 74:36:07:11 74:36:07:12 74:36:07:13 74:36:07:14

74:36:07:15 74:36:07:16 74:36:07:17 74:36:07:18 74:36:07:19 74:36:07:20 74:36:07:21 74:36:07:22 Standards ofperformance for portland cementplants. Standards ofperformance for asphalt concreteplants. Repealed. Standards ofperformance for storage vessels ofpetroleum liquids constructed after June 11, 1973, andbeforeMay 19, 1978. Standards ofperformance for storage vessels ofpetroleum liquids constructed after May 18, 1978, andbefore July24, 1984. Standards ofperformance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced afterJuly23, 1984. Standards ofperformance for sewagetreatmentplants. Standards ofperformance for coalpreparationplants. Standards ofperformance for grain elevators. Standards ofperformance for stationary gas turbines. Standards ofperformance for limemanufacturingplants. Standards ofperformance for metallic mineral processingplants. Standards ofperformance for pressure-sensitive tape and label surface coating operations. Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicals manufacturingindustry. 74:36:07:22.01 Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicals manufacturing industry for which construction, reconstruction. or modification commenced afterNovember 7. 2006. 124 

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• 74:36:07:23 74:36:07:24 74:36:07:25 74:36:07:26 74:36:07:27 74:36:07:28 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 Standards ofperformance forbulkgasoline terminals. Standards ofperformance for newresidential woodheaters. Standards ofperformance for petroleum dry cleaners. Standards ofperformance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations. Standards ofperformance for nonmetallic mineral processingplants. Standards ofperformance for magnetictape coating facilities. Operatingrequirements for wirereclamation furnaces. Monitoringrequirements for wirereclamation 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 submittalbyexistingmunicipal solid waste landfills. Collection system. Control system. Compliance schedulefor existing municipal solid waste landfills. Existing municipal solid waste landfill operational standards for collection and control systems. Existingmunicipal solid waste landfill complianceprovisions. 12574:36:07:41 Existingmunicipal solid waste landfill monitoringprovisions. 74:36:07:42 Existingmunicipal solid wastelandfill reporting andrecordkeeping. 74:36:07:42.01 Additionalreporting for existingmunicipal 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 ofperformancefor sulfuric acidplants. Standards ofperformance for petroleumrefineries. 74:36:07:46.01 Standards of performance for petroleum refineries for which construction, reconstruction, ormodification commenced after May 14, 2007. 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 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 after June 11, 1973. Standards of performance for secondary emissions from basic oxygen process steelmaking facilities for which construction commenced after January 20, 1983. Standards ofperformance for primarycopper smelter. Standards ofperformance for primaryzinc smelter. Standards ofperformance for primarylead smelter. Standards ofperformance for primary aluminumreductionplant. Standards ofperformance for wet-process phosphoric acidplant. Standards ofperformance for superphosphoric acid plant. Standards ofperformance for dianunoniumphosphateplant. 126 

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• 74:36:07:58 74:36:07:59 74:36:07:60 74:36:07:61 74:36:07:62 74:36:07:63 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 ofperformance for triple superphosphateplant. Standards ofperformancefor granulartriple superphosphate storage facility. Standards ofperformance for ferroalloyproductionplant. Standards of performance for electric arc furnaces and argon-oxygen decarburization vessels constructed afterAugust 17, 1983. Standards ofperformance for kraftpulp mills. Standards ofperformancefor glass manufacturingplant. Standards ofperformance for 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 forbeverage can surface coatingindustry. Standards ofperformance for rubbertiremanufacturingindustry. Standards of performance for volatile organic compound emissions from polymermanufacturingindustry. Standards ofperformance for flexible vinyl andurethane coating and printing. Standards ofperformance for equipment leaks ofVOC inpetroleumrefineries. 12774:36:07:76.01 Standards ofperformance for equipment leaks ofVOCinpetroleumrefineries. • 74:36:07:77 Standards ofperformance for synthetic fiber productionfacility. 74:36:07:78 Standards ofperformance for VOC emissions from synthetic organic chemical manufacturing industry air oxidationunitprocess. 74:36:07:79 Standards ofperformance for equipment leaks ofVOC from onshore natural gas processingplant. 74:36:07:80 Standards ofperformancefor onshore natural gas processing. 74:36:07:81 Standards ofperformance for wool fiberglass insulationmanufacturingplant. 74:36:07:82 Standards of performance for VOC emissions from petroleum refinery wastewater system. 74:36:07:83 Standards of performance for industrial surface coating -- Surface coating of plasticparts for business machines. 

# • 74:36:07:84 Standards ofperformance for polymeric coating ofsupporting substrates facility. 74:36:07:85 Standards ofperformance for small municipal waste combustionunits for which construction commenced after August 30, 1999, or modification or reconstruction commenced afterJune 6, 2001. 74:36:07:86 Standards ofperformance for commercial and industrial solid waste incineration units for which construction commenced after November 30, 1999, or modification orreconstruction commenced on or after June 1, 2001. 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 onor after June 16, 2006. 

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# • 74:36:07:88 74:36:07:89 74:36:07:90 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.

74:36:07:01. New source performance standards. 

### The general provisions for new source performance standards are those in 40 C.P.R.§§ 60.1 to 60.19, inclusive, (July I, 2006 July 1, 2009). For the purposes of this chapter, "administrator" means the secretary ef.4he eej'lartment, 

### except for those authorities which cannot be delegated to the state, in which case • "administrator" means both the administrator ofthe Environmental Protection Agency and the secretary efthe eej'lartm.ent. 

# • 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, effectiveJune 13,2007. GeneralAuthority: 

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

### SDCL 34A-1-18.

129

### 74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The • standards ofperformance forfossil fuel-fired steam generators are those in 40 C.F.R. §§ 60.40 to 60.46, inclusive, (July 1, 2009 July 1, 2009). 

### Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:09:07, 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, 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. 

### 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, (Jaly 1, 2009 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, effectiveJune 13, 2006; 33 SDR 217, effectiveJune 13, 2007. 

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

### Law Implemented: SDCL 34A-1-18. 130 

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• 74:36:07:04. Standards of performance for industrial, commercial, and institutional steam generating units. 

### The standards of performance for industrial, commercial, and institutional steam generating units are those in40 C.F.R. §§ 

### 60.40b to 60.49b, inclusive, (Jaly 

### 1,**~** 

### July 1, 2009). Source: 

### 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 

### 74:26:24:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. General Authority: 

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

### SDCL 34A-1-18. 74:36:07:05. Standards of performance for small industrial, commercial, and institutional steam generating units. 

### The standards of performance for small industrial, commercial, and institutional steam generating units are those in 40 C.F.R. §§ 

### 60.40c to 60.48c, inclusive, (Jl%1y 1, 

### 2006 July 1, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain aPart 70 operating permit, providedthe sourcebums solely natural gas or propane and is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in40 C.F.R. §§ 

### 60.40c to 60.48c (July 1,

### 2009).

131Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 • SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:06. Standardsofperformance for incinerators. The standards ofperformance for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, (Jffiy 1, 2006 July l,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 April22, 1993; 21 SDR 119, effective • January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13,2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:06.01. Standards of performance for hospitaJ!medicaJ!infectious waste incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce (J1:1ly 1, 2.006 July l, 2009), is incorporated into this rule by reference. Designated facilities under this subpart shall comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e to 60.38e, inclusive, (Jffiy 1, 2006 July 1, 2009). 

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# •
•
• 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 ofthe state plan for hospital/medical/infectious waste incinerators. The written notification shall inform the department of when the unit will be shutdown. The 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 complianceplanwithin six months ofstateplan approval thatmeets the following deadlines: (1) Submit a Part 70 operating permit application and design drawings ofthe air pollution control device to the department within 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 stateplan approval; (3) Begin initiation of site preparation for installation ofthe air pollution control device within 2 years after stateplan approval;

133(4) Complete installation ofthe air pollution control device within 30 months after state • plan approval; and (5) Conduct aperformancetest within 33 months after stateplanapproval. The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (J"Hly 1, 2006 July 1, 2009) within one year after state plan approval. The owner or operator shall complywith the remaining requirements in this section within three years after state plan approval or by September 15, 2002, whicheveris 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, • effectiveJune 13, 2006; 33 SDR217, effective June 13,2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:06.02. Standards of performance for hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. The standards of performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, are thosein40 C.F.R. §§ 60.50cto 60.58c (Jaly 1, 2006 July 1, 2009). 

# •

134

# • 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. 

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

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

### Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; • 18 SDR90, 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, effectiveJanuary2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR 217, effectiveJune 13,2007. 

### GeneralAuthority: 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, ormodified orreconstructed after June 19, 1996, are those 

# • in40 C.P.R.§§ 60.50b to 60.59b, inclusive, (July 1, 2006 July 1, 2009). 135Source: 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-l-18. 74:36:07:08. Ash disposal requirements. All ash generated at a municipal waste combustormustbedisposed ofinaccordance with article 74:27. 

# •

Source: 17 SDR 69, effective November 22, 1990; transferred from § 74:26:26:02, 19 • SDR 157, effective April22, 1993; 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:09. Standards ofperformance for portland cement plants. The standards of performance for portland cementplants are those in40 C.F.R. §§ 60.60 to 60.66, inclusive, (.fuly 1, 2006 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, 136 

# •• 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. GeneralAuthority: 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 in40 C.F.R. §§ 60.90 to 60.93, inclusive, 

### (J:Wy 1, 200€iJuly 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. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:11. Additional permit requirements for asphaltplauts. Repealed. Source: 7SDR 4, effective July 27, 1980; transferred from§ 44:10:01:29, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:29, 19 SDR 157, effective April22, 1993; repealed, 25 SDR 123, effective April4, 1999.

137

### 74:36:07:12. Standards of performance for storage vessels of petroleum liquids • constructed after June 11, 1973, and before May 19, 1978. The standards ofperformance for storage vessels ofpetroleum liquids constructed after June 11, 1973, and before May 19, 1978, are those in 40 C.P.R. §§ 

### 60.110 to 60.113, inclusive, (J1:1ly 

### 1, 2006 July 

### 1. 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit ifthe unit is not required to install controls and provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.P.R. §§ 

### 60.110 to 60.113 (July 1, 

### 2009). 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 ofperformance for storage vessels ofpetroleum liquids constructed after May 18, 1978, and before July 24, 1984, are those in 40 C.P.R. §§ 

### 60.110a to 60.115a, inclusive, (fuly 

### 1, 2006 July l, 

### 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 

# •

138• operating permit if the unit is not required to install controls and provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this 

# •
• subpart. Exempted sources must still meet the applicable requirements in 40 C.P.R. §§ 60.110a to 60.115a (July l, 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 § 74:26:20:19, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-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 40 C.P.R. §§ 60.110b to 60.117b, inclusive, (July 1, ;woe July 1, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls and provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted

139sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110b to 60.117b (July 1, • 2009). 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, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: 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.F.R. §§ 60.150 to 60.156, inclusive, (July 1, 2006 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, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

140 

# •

# •
•
• 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, (Jlily 1, 2009 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, effectiveJune 13, 2007. 

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

### LawImplemented: SDCL34A-1-18. 

### 74:36:07:17. Standards of performance for grain elevators. The standards of performance for grain elevators are those in 40 C.P.R. §§ 60.300 to 60.304, inclusive, (Jlily 1,**~** July 1, 2009). A source subjectto this subpartis exempt from the obligationto obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operatingpermit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicablerequirements in 40 C.P.R. §§ 60.300 to 60.304 (July l, 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 § 74:26:17:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective

141December 29, 1996; 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. General Authority: SDCL 34A-l-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, (laly 1, 2009 July 1, 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 • December29, 1996; 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. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 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, (Jl:l-ly 1, 2009 July 1. 2009). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

# •

142• 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, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:20. Standards of performance for metallic mineral processing plants. The standards ofperformance for metallicmineralprocessingplants are thosein40 C.F.R. §§ 60.380 to 60.386, inclusive, (Jaly 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; 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. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:21. Standards ofperformance for pressure-sensitive tape and labelsurface coating operations. The standards ofperformance for pressure-sensitive tape and label surface coating operations are those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, (Jaly 1, 2006 July 1, 

# • 2009). 143

### Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

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

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

### 74:36:07:22. Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicals manufacturing industry. The standards ofperformance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. §§ 60.480 to 60.489, inclusive, (July 1, 2006 July 1, 2009). 

### Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effectiveJanuary 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 SDR217, effective June 13, 2007. 

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

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

### 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 144 

# •
•
•• performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry, for which construction, reconstruction, or modification commenced after November 7, 

# •
• 2006, are those in40 C.P.R. § SubpartVVa (July 1, 2009). 

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

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

### 74:36:07:23. Standards ofperformance for bulk gasoline terminals. The standards of performance for bulk gasoline terminals are those in 40 C.P.R. §§ 60.500 to 60.506, inclusive, (Jl:lly 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 January2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. 

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

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

### 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.P.R. §§ 60.530 to 60.539b, inclusive, (Jaly 1, 2006 July 1, 2009).

145Source: 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 January2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effectiveJune 13,2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 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, (July I, 2006 July I. 2009). A source subject to this subpart is exempt from the obligation to obtain a Part 70 operating permitprovided the source is notrequired to obtain a Part70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still • meetthe applicablerequirements in40 C.F.R. §§ 60.620 to 60.625 (July I, 2009). Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. 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 

# •

146• performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations are those in 40 C.P.R. §§ 60.660 to 60.668, inclusive, {J1:1ly 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, effectiveJanuary2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. Law Implemented: 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.P.R. §§ 60.670to 60.676, inclusive, (J1:1ly 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, 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. General Authority: SDCL 34A-l-6. Law Implemented: SDCL34A-l-18. 147

### 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, 2009 July l, 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 January2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. 

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

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

### 74:36:07:29. Operating requirements for wire reclamation furnaces. New wire reclamation furnaces shall be equipped with a secondary chamber or afterburner which provides for turbulentmixing and a two-secondresidencetime at 2200 degrees Fahrenheitor greater. New wire reclamation furnaces shall meet applicable emission**stand~rds** during all phases of operation, and the secondary combustion chamber or combustion zone temperature shall be maintained atrequired levelsuntil wasteis completelycombusted. 

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

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

### Law Implemented: SDCL 34A-1-18. 148 

# •
•
•

# •
•
• 74:36:07:30. Monitoring requirements for wire reclamation furnaces. An owner or operator of a new regulated wire reclamation furnace shall install, calibrate, operate, and maintain devices which continuously monitor and record the temperature of gases leaving the secondary or final combustion chamber. Such devices musthave an accuracy ofplus orminus 25 degrees Fahrenheit. Flames from the burners maynot impact the temperature sensors. Source: 19 SDR 157, effectiveApril22, 1993. General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-11. 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, (JHly 1, 2006 July 1, 2009). 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, effectiveJune 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

149

### 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.F.R. §§ 60.700 to 60.707, inclusive, (July 1, 200€iJuly 1, 2009). 

### Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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 inmineral industries are those in40 C.F.R. §§ 60.730 to 60.736, inclusive, (July 1, 200€iJuly 1, 2009). 

### 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, effectiveJune 13, 2007. 

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

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

# •
150

# •
•
• 74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an existing municipal solid waste landfill that meets the following conditions shall comply with §§ 74:36:07:35 to 74:36:07:42, inclusive: (1) The landfill has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition; (2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters. The landfill may calculate design capacity eitherinmegagrams orcubic meters. Densityconversions mustbe documented and submitted withthe report; 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 (Jwy 1, 2006 July 1, 2009), to determine the landfill nonmethane organic compound emissionrate. 

### 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.

15174:36:07:35. Plan submittal by existing municipal solid waste landfills. The owner or • operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 shall submit a plan within one year of the first annual report showing the nonmethane organic compound emissions equal or exceed 50 megagrams a year. The plan must be prepared by a professional engineer and contain a collection and control system and a compliance schedule that meets §74:36:07:38. The plan must be approved by the department in accordance with§§ 74:36:07:36 to 74:36:07:38, inclusive. Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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.F.R. § 60.752(b)(2)(ii) 

### (J1:1ly 1, 2006 July l,2009), and the controlrequirements 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.

152 

# •
•

# • 74:36:07:37. Control system. The department shall approve the control system if it is equivalentto ormeets one ofthe following requirements: (1) An open flare designed and operated in accordance with the parameters established in 40 C.F.R. § 60.18 (J\Hy 1, 2006 July 1,2009); (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 20parts permillion as hexanebyvolume, drybasis at three 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. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:38. Compliance schedule for existing municipal solid waste landfills. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34mustmeetthe following compliancedates: 

# •

153(1) Award contracts within 15 months ofthe first annual report showing the nonmethane • organic compound emissions equal orexceed 50 megagrams a year; (2) Begin construction within 18 months of the first annual report showing the nonmethane organic compound emissions equal or exceed 50 megagrams a year; (3) Complete construction within 30 months of the first annual report showing the nonmethane organic compound emissions equal or exceed 50 megagrams a year; and (4) Demonstrate compliance with all applicable requirements within 180 days of completing construction. Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 (Jwy 1, 2009 July 1, 2009). Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective Apri14, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR26, effective September 1, 2003; 31 SDR 101, 154 

# •
•• 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. 74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. §60.755 {Jlily 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. 74:36:07:41. Existing municipal solid waste landfill monitoringprovisions. 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 (fuly 1, 2006 July 1, 2009). 

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155Source: 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. 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 meet the reporting and recordkeeping requirements specified in 40 C.F.R. §§ 60.757 and 60.758 (Jllly 1, 2006 July l,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. GeneralAuthority: 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) 156 

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•• plan required in the Clean Air Act and annually orevery five years thereafter in accordance with 40 c.F.R. § 60.757(b) (J\lly 1,

## :woe July 

### 1. 2009). Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 

### I, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18 74:36:07:43. Standards of performance for new municipal solid waste landfills. 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, (Jl:lly 1, 2009 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 forpurposes ofthis section. 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. 

# • LawImplemented: SDCL 34A-1-18. 157