(2) External offsets or those emission limitations from sources not owned, operated, or • 

controlled by an applicant for a permit shall be made through a revision of the permit conditions 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• 

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

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

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

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

of lesser reactivity; 

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

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

progress; 

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

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

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

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

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

offset; 

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

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

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

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

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

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

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

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

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

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

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

Law Implemented: 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 clean unit or at a source with a 

plant-wide applicability limit. 

The owner or operator shall make the information required to be documented in 40 C.F.R. 

§ 51.165(a)(6)(i) to (v), inclusive, (July 1, 2003 July 1, 2009) availablefor review upon a request 

for inspection by the secretary or the general public pursuant to the requirements contained in 40 

C.F.R. § 70.4(b)(3)(viii) (July l, 2003 July 1, 2009). 

204 

• 

• 

• 
• 

• 

• 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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

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

part of a project that is a major modification according to the provisions in 40 C.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 January 2, 2005 . 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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

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

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

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

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

in 40 C.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, effective January 2, 2005 . 

General Authority: SDCL 34A-1-6. 

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

CHAPTER 74:36:11 

PERFORMANCE TESTING 

Section 

7 4:36:11 :01 Stack performance testing or other testing methods. 

74:36:11:02 Secretary may require performance tests. 

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

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

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

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

specified in 40 C.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 SDR 4, effective July 27, 1980; transferred from§ 44:10:05:01, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 

14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 

206 

• 

• 

• 
• 170, effective May 13, 1991; transferred from §§ 74:26:05:01, 19 SDR 157, effective 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. 

General Authority: 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 

CHAPTER 74:36:12 

CONTROL OF VISIBLE EMISSIONS 

Restrictions on visible emissions. 

Exceptions to restrictions. 

Exceptions granted to alfalfa palletizes or dehydrators. 

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

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

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

207 
Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (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, effective June 13, 2006. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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

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

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

the Environmental Protection Agency's Method 9 in 40 C.F .R. Part 60, Appendix A (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. 

General Authority: SDCL 34A-1-6. 

208 

• 

• 
• Law Implemented: SDCL 34A-1-6. 

CHAPTER 74:36:13 

CONTINUOUS EMISSION MONITORING SYSTEMS 

Section 

74:36:13:01 Secretary may require continuous emission monitoring systems (CEMS). 

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

systems . 

• 74:36:13:03 Reporting requirements. 

74:36:13:04 Notice to department of exceedance. 

74:36:13:05 Compliance determined by data 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 in 40 C.P.R. Part 60, Appendix Band 40 C.P.R.§ 60.13 

• (July 1, 2005 July 1, 2009). 

209 
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 26 

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

effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-12. 

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

install continuous emission monitoring systems shall observe the reporting requirements 

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

the department on request. 

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

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

effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-12. 

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

standards listed in 40 C.P.R. Part 60 (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 determined by the secretary in the permit to operate. 

210 

• 

• 

• 
• 

• 

• 

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

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

effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-12. 

74:36:13:06. Compliance certification. Notwithstanding any other provision in any plan 

approved by the administrator, for the purpose of submission of compliance certifications an 

owner or operator may use monitoring as required under 40 C.F.R. § 70.6(a)(3) (Jwy 1, 2005 

July 1, 2009) and incorporated into a federally enforceable operating permit in addition to any 

specified compliance methods . 

Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006. 

General Authority: SDCL 34A-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 of a plan. Credible evidence is as follows: 

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

of whether a violation has occurred at the source: 

211 
(a) A monitoring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) 

(lely 1, 2005 July 1, 2009) and incorporated in a federally enforceable operating permit; 

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

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

credible testing, monitoring, or information-gathering methods; 

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

C.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 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. 

212 

• 

• 

• 
• 

• 

• 

74:36:13:08. Compliance assurance monitoring. The owner or operator of a unit that is 

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

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

Law Implemented: SDCL 34A-1-12. 

CHAPTER 74:36:16 

ACID RAIN PROGRAM 

Section 

74:36:16:01 General provisions. 

74:36:16:02 Allowance system. 

74:36:16:03 Reserved. 

74:36:16:04 Continuous emission monitoring. 

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

213 
74:36:16:01. General provisions. The following provisions are incorporated by • 

reference: 40 C.P.R. §§ 72.2 to 72.85, inclusive, (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 of this chapter, "administrator" means the secretary 

of the departmel:lt, except for those authorities which cannot be delegated to the state, in which 

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

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

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

effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-18. 

74:36:16:02. Allowance system. The allowance system for the acid rain program is that in 

40 C.P.R.§§ 73.1 to 73.53, inclusive, (July 1, 2005 July l, 2009). 

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

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

effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-18. • 

214 
• 

• 

• 

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

requirements for the acid rain program are those in 40 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, 

effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-18 . 

215 
CHAPTER 74:36:18 • 

REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA 

Section 

74:36:18:01 Definitions. 

74:36:18:02 Applicability. 

74:36:18:03 Permit required. 

74:36:18:04 Time period for permits and renewals. 

74:36:18:05 Required contents of a complete application for a permit. 

74:36:18:06 Contents of permit. 

74:36:18:07 Permit expiration. • 

74:36:18:08 Renewal of permit. 

74:36:18:09 Reasonably available control technology required. 

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

74:36:18:11 Exception to visible emission limit. 

74:36:18:12 Notice of operating noncompliance-- Contents. 

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

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

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

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

six minutes of readings. The 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) shall be used to determine the opacity. 

Source: 28 SDR 178, effective July 1, 2002. 

General Authority: SDCL 34A-1-6. 

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

CHAPTER 74:36:19 

• MERCURY BUDGET TRADING PROGRAM 

(Repealed) 

SeotioH 

74:39:19:01 GOHoral provisioHs. 

74:39:19:02 Desigaated represOHtative. 

74:39:19:03 PefR'lits. 

74:39:19:04 tk.JHial allooatioH ofmeroary allowanoes. 

• 74:39:19:05 SabmittiHg meroary allmvanoe allooatioHs to the admiHistrator. 

217 
74:39:19:09 Baseline heat ill}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 offfiercury allowances froffi H!:ercury redaction account. 

74:39:19:12 ApprO';al of ffier6l: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 ana rOf!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. 

Law lmplemeHted: 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 

• 

• 

• 
• 

• 

• 

. SDR 4 3' effeetp;e · SepteHr eer 18 ' 200a . SeaFee. 33 A 1 18. 

CeRe Fal u + utheFity: SDC L 34A 1 a, 34a 

Law lmfllemeRtetl: SD CL 34A 1 18. 

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

"''"'

19

'

00

' """"""· . ·I 200S). c .. F R ~- §§ 90.4120 to a 0 · 4 12 4 ' ineffiswe (Jl:lly ' 

SDR 43 effeetive Septem eer 18 ' 200a. 

SeaFee: 33 ' A 1 18. 

CeReF al "" + utheFity: SDC L 34A 1 a, 34"" 

Law lmfllemeRtetl: SD CL 34A 1 18. 

•••• a-lle,..aRees. " The amraal alloeations of 

tieR af meFeuq ·ear at'ld for 74,,., 19·04 . . . . "'""'ol "'''" 2010 """"""2017 " · 2304 • """'"P"l 

merewya . 11owaBees for t he eontro1 penod lfl 

2018 and thereafter, lS . 928 oanees per :vear J • 

. 3 SDR 43, effeetive Septear eer 18 ' 200a. SaaFee. 3 18 

CeReF-"" al + uthaFity: SDC (:;ie&eflll-A:HtlieFityf-S.l;)GL!rl3"f-, 4f~"T,.-,1c-ua' 3 4 A 1 . 

Law IBifllemeRtetl: g DCL 34A 1 18. 

. . ret:]Uirem ems 

allaeatiaRs ta the atlmiBistntaF. +he ~ftWM~ "~ 

merewy allowat'lee !b 11 o eations ln . aeeordanee " 

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'Y bttaget ttnit that has established a baseline 

heat iflj3ffi in aeeoraanee with § 74:36:19:06. If there 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 by the ratie ef the baseline heat iflj3ffi ef the e~<isting ttnit to the total amottnt 

220 

• 

• 
• 

• 

• 

of baseliae heat tap~ . A of all s~sh e~llstlag . . . ~tts aad rmmdiag to t e h ae arest "'hole n allowaHee as 

appropriate. 

So1:1ree: 33 SDR ~ 43 ' effeetive Septem 13 ~:r r 18 ' 200€1. 

I A tltority: SDeLx f"'T 34 A " 1 €) 34A 1 18. Ceaera ,..u ' 

Law lmpiemeated:"'DGI, 34 ', A 1 18. 

"t set aside aeeoua t For eash GOllfO t 1 *"erto- " . d . lfl 2010 aad thereafter, . . 74·?6·19:08. New I:IBI llo"'=ees. The mere~ "1" ·" • " 6lf">.' a··- n = t br h a aem ~t . set as ide aeeol:Hlt J:Or mer • J 

he seeretary shall esta ts " ent of the atllRial mere\if)' 

tt 11 ~al fi·'e pere = . . de aeeo~at sha et:r ; 

alloeatwas . . ta ~ s 'f4 . . ·3€)·19:04 for eoatrol peno 

peno . d. ta 2015 aad thereafter . 

So1:1ree: 33 SDR ~ 43 ' effeetive SepteHre, 13 r 18 200€1. 

I A tltority: SDeLx f"'T 34 A " 1 €) 34A 1 18. ' 

Law Impiemea e . 

t• of mereut'} ·t 

1-4:36:19:09. t\lloea lOB ., .1 ble to a aew l:lllit. A aevl ~at . . de aeeol:Hlt are arat a 

r allowaaees from aev· • UBI· "t set aside aeeouat. 

fi:om the aevl ~mt set ast . rdanee 

M....., '""""'"'"" · 0 loooo!H" Mot - '" '""' . t that has aot estabhshe a 

b d et 1 "d . defiaed as a merelif)'~ g fi: m the aew l:lllit set ast e 

lS allO""aRGeS 0 it is eligible for merG\if)' n 

aeeo~ """'"' ...... .,._, •"' .,. ., 

--. _ ... ~-er d ~ s 74·3€1·19:01. -r • • The merooryestga d . ated represea 

tati"e ' of a ae;r ~ 

221 
to 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 201 0 or the first eofltrol period afteF the eofltrol period ifl whish the flOW lffiit 

eommeBees eoffiffiereial opeFatiofl. The mereurj allowaflee transfer req-uest must be 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 of mereury emissiofls for the eofltrol period ifl vihish the meroory 

allowanees are re<juestea. If the 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 eash flew lffiit by multiplyiflg the total amoufit of meFoory allowaflees by the ratio 

of the total oooees of meFoory emissiofls Ektriflg the eofltrol period from eash req-uest to the total 

ounees of mereury emissiofl of all sush req-uests afla rolffiaiflg to the flearest whole allowanee as • 

appropriate. ,'\ay lffialloeateEi meFSUf)' allowaflees remaifliflg ifl the flew uflit set aside aeeouflt for 

the eooool f!erioEi shall be baRked for future use. 

Saaree: 33 SDR 43, effeetive SeptOffibeF 18, 200€i. 

Ge~~eral AuthariJy: SDCL 3 4A 1 €i, 3 4A 1 1 8. 

Law I1RJ3lemeated: SDCL 34A 1 18. 

74:36:19:10. Mereury FeduetiaB aee9HBt. For eash eooool period ifl 2010 ana thereafter, 

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 

pens . a. IH 2015 ana thereafter. 

. 33 8DR 43, effestive 8epteHV~Y a r 18 , 2006 . 

CeaeFal,"-.. uthant}. 

Law lmJJlemea ted· .8DCL 34A 1 18. 

. " meFSUF) a · O"' 7,,,.,,.,11. "" n atiaa 61: · · l:HHt or R " ,..,, ... ,..,,," "" ... -. 

auotioa aoooUHt are ara~ 

, Uewaaees fFam JReFSUF) , Fe duetiaa aeeeuat. 

................. · b _, t-'""'"- . 4 t 90 ....... ,. .... 1 eflhe -

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

,. ""'""" ..... , "'" . .., '"' that """'""" '"' '""""' . . UHit or H&;, l:b ., 

. as The merOffi'} f H aoommt ''""'""""' .,. .... , ..... . ' - lhe "'""""' '"'"''"' ., mersury allowance . . 

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

"" "' """"' -· ... ' . . • "' vfflioh '"' .. -trol.oo .... - lhe '""""' •""' , '""'-I -tho""' 

a "ttea OR or aeJ:ere 

allo"'aaoe uest fl'l'llst be s"~Ymi cu , allowances 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/or aew U:nit by multJp YJRg t I effioieHoies of all suoo ,.,.., .. '""-.. of""""' 

of the mercury ooRtro I effioieHoy for a reque st to the SUHL. 

223 
reqt!ests aHa FOl:lHffiHg te the Hearest whole allowaHee as aJ3propriate. ldT)' l:ll'lalloeatea merel:H)' • 

allowanees remaiHiHg iH the meremy redl:letioH . aeeol:ll'lt «Jre to th eoH trol period shall ae aal'lkea fer 

futm:e 1:1se. 

SeuFee: 33 8DR 43, effeetive 8eptefl'll3er 18, 2006· 

Ceaenl Authority: 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; 

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

aeeol:ll'lt oHly if the reqt!est meets, or IS . . aGJHsteuyeepa _, a th G rtfl'leflt as Heeessary to meet, the 

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- . a. IE: aeeor 1i aHee '""th rrl §§ 74"36·19·09 · · · aHa 74:36:19:11, fer the eoE:trol period aHa transtler • 

224 
• 

• 

• 

ropriate mereffi) . allowaflee traekiRg system 60ffiflliaaee 

,,,

0

..,,,, "'""'""'""wluoh '"' . 

4 

<I..,..,_, that -•"' 

"""""'" . ~ --...... . "' 

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 mer6l:lf)' d 0 onatee repros ell: ; ttOSl""'. tati "OS mOFSffi) 

the eoRtrol pOFlo · El e 0' '·erett d kv t1 J the request. 

. 3 8DR 43, effeetlve . Sept erOOOF 18, 2009. 

Ceaeral Authant}. 

Law llllfllemeated: 8D CL 34A 1 18. 

h followiRg allowaaee traei:IRg I · system · s~·stem. T 0 1 1 

ee traek-mg iRelasi·re (hry ' 74:38:19:13. AUawaa ss 90.4151. to 90.4157, 

prov1 . sioRs are iReorpora t e El by refereRee · .40 C.R.R. ~~ 

Sauree:33 8DR 43 ' effeetlve . 8ep tember 18, 2009. 

h ity· 8DCL 34A,u 1 9 34 A 1 18. 

Law llllfllemeate : 

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

7,, .. ,,.,,.. Allew..... ............ 0 4161 inslusiv. (July 1' ,~ ""l . 

iReorpora t e El bv J reforeRee. . C 40 . P.R.§§ 90.4190 to 9 . , 

Sauree. . 3 3 8DR 43, effeetiVe . 8ep tember 1 8, 2009. 

225 
Ceoenl AatheFity: SDCL 34A 1 6, 34A 1 18. 

Law liHJJlemeoted: 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. 

Ceoenl AatheFity: SDCL 34A 1 6, 34A 1 18. 

Law liHJJlemeoted: SDCL 34A 1 18. 

CHAPTER 74:36:20 

CONSTRUCTION PERMTIS FOR NEW SOURCES OR MODIFICATIONS 

74:36:20:01 Applicability. 

74:36:20:02 Construction permit required. 

74:36:20:03 Construction permit exemption. 

74:36:20:04 Emission unit exemptions. 

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

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

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

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

226 

• 

• 

• 
• 

• 

• 

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

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

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

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

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

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

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

74:36:20:16 Administrative permit amendment. 

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

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

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

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

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

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

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

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

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

all new sources or modifications to existing sources. 

Source: 

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

Law Implemented: SDCL 34A-1-21. 

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

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

any equipment which prevents or controls the emission of air pollutants into the ambient air until 

a construction permit has been issued by the board or the secretary. 

Source: 

General Authority: SDCL 34A-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 exempt from obtaining a construction permit: 

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

74:36:09; 

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

74:36:10; 

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

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

Source: 

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

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

that combust municipal or household waste; 

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

airplanes, locomotives, and boats; 

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

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

• for units fueled with wood or coal; 

• 

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

equipment; 

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

roofs, or paving parking lots; 

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

before the application of control equipment. However, the criteria pollutant emissions from the 

unit must be included in determining if the 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 

229 
emissions from the unit must be included in determining if the 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 of construction permit. A construction permit for a 

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

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

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

Compliance with this requirement as determined by air pollution dispersion modeling 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 or modification to an 

existing source must comply with emission limits and other requirements of the 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 justified under 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 of commencing construction of the new source or modification to an 

existing source. An application is complete if it 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 of complete 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 company information: 

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

company name; 

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

(c) The plant site manager or contact; 

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

(3) The following information on emissions: 

(a) Identification and description of all emission units; 

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

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

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

where applicable, for all regulated air pollutants; 

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

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

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

pollutants regulated at the source; 

(4) If available, a copy of any prepared plans and the specifications of any equipment or 

other facilities which may affect the source, including pollution control devices; 

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

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

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

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

compliance with the act or the Clean Air Act. 

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

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. If the applicant 

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

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

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

232 
• requirements that become applicable after the application is filed but prior to the release of the 

draft permit. 

Source: 

General Authority: 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 of each permit application received, as follows: 

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

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

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

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

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

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

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

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

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

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

approved by the department; and 

• 

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

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

writing if the application is or is not complete. 

Source: 

General Authority: SDCL 34A-l-6, 34A-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 of a construction permit within 180 days after the submission of a 

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

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

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

must conform to the requirements of article 74:09. 

Source: 

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

Law Implemented: SDCL 34A-l-21. 

• 

234 
• 

• 

• 

74:36:20:11. Public participation in permitting process. The department shall mail a 

copy of the draft permit to the applicant. The department shall publish a public notice of the draft 

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

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

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

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

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

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

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

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

Source: 

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 permit decision on the draft permit as 

provided in § 74:36:20:13. A request for a contested case hearing must be in writing and 

prepared and filed in accordance with article 74:09. The department is not required to accept 

recommendations or comments that are not based on applicable requirements of this article or the 

requirements of the Clean Air Act. 

235 
Source: 

General Authority: SDCL 34A-l-6, 34A-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 of the end of the public comment period on a 

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

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

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

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

proposing a permit or denying a permit. 

The final permit will be issued within 30 days of notifying the applicant and each person 

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

under the following conditions: 

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

(2) A contested case hearing is requested; or 

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

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

final permit decision and the final permit is issued at the end of the public notice period. 

Source: 

236 

• 

• 

• 
• 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 

74:36:20:14. Right to petition for contested case hearing. The applicant or interested 

person may petition the board and obtain a contested case hearing to dispute the department's 

draft permit. Any other person may petition to intervene and request a hearing if the person has 

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

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

the notice required by§ 74:36:20:11. 

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

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

• 

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

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

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

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

Source: 

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

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-l-21, 34A-1-30, 34A-1-34 . 

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

following: 

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

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

a permit; 

(3) The tvoe of operation; 

(4) The facility and mailing address; 

(5) The date the construction permit was granted; 

(6) A number for administrative reference; 

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

operating permit or Part 70 source operating permit; 

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

conditions that the board or secretary may impose to ensure compliance with the act and Clean • 

Air Act; 

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and Clean Air Act; 

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

compliance with the construction permit; 

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

requirements if any portions of the permit are challenged; and 

(12) Provisions stating the following: 

• 

238 
• 

• 

• 

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

noncompliance constitutes a violation and is grounds for enforcement action; 

(b) The construction permit does not convey any property rights of any sort or any 

exclusive privilege; and 

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

by the department to determine compliance. 

Source: 

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

Law Implemented: SDCL 34A-l-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 of the 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 

239 
immediately upon notifying the department. The department shall determine if an administrative • 

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

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

procedural requirements applicable to obtaining a construction permit. 

Source: 

General Authority: SDCL 34A-l-6, 34A-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 if the department determines that the permit contains a 

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

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

assure compliance with the applicable requirements of this article and the Clean Air Act. 

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 notify the 

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

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

• 

240 
• follow the procedural requirements to issue a construction permit and shall affect only those parts 

of the permit for which cause to reopen exist. 

Source: 

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

Law Implemented: SDCL 34A-1-21 

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

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

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

operating permit pursuant to § 74:36:04 or § 74:36:05 and to comply with the applicable 

• emission limitations or requirement of the Clean Air Act. 

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 if the 

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

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

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

date. If a construction permit expires it terminates that applicant authority to commence 

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

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

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

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

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

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

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

for final compliance of the source and any penalties under SDCL 34A-1-39. If a compliance 

agreement can not be negotiated, the department may petition the chairman of the board for a 

contested case hearing or may file a civil penalty or injunctive action in circuit court. 

Source: 

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 

permit be suspended or revoked for noncompliance. 

Source: 

General Authority: SDCL 34A-1-6. 

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

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

the installation or use of a device or a means which conceals or dilutes an emission of air 

pollutants that would otherwise violate this article or the Clean Air Act. This includes operating a 

source, unit, or control device which emits pollutants into the ambient air from an opening other 

• than the stack, vent, or equivalent opening from which they were designed to be emitted. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

• 

243 
• 

This is a full copy of the rules in ARSD 74:36. 

This contains the sections that 

• 

are and are not 

being included, amended or repealed . 

• 
• ARTICLE 74:36 

AIR POLLUTION CONTROL PROGRAM 

Chapter 

74:36:01 Definitions. 

74:36:02 Ambient air quality. 

74:36:03 Air quality episodes. 

74:36:04 Operating permits for minor sources. 

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

• 74:36:06 Regulated air pollutant emissions. 

74:36:07 New source performance standards. 

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

74:36:09 Prevention of significant deterioration. 

74:36:10 New source review. 

74:36:11 Performance testing. 

74:36:12 Control of visible emissions. 

74:36:13 Continuous emission monitoring systems. 

74:36:14 Variances, Repealed. 

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

74:36:16 Acid rain program. 

• 74:36:17 Rapid City street sanding and deicing. 
74:36:18 

74:36:19 

74:36:20 

Section 

74:36:01:01 

74:36:01:02 

74:36:01:03 

74:36:01:04 

74:36:01:05 

74:36:01:06 

74:36:01:07 

74:36:01:08 

74:36:01:09 

74:36:01:10 

74:36:01:11 

74:36:01:12 

Regulations for state facilities in the Rapid City area. 

Mercury budget trading program, Repealed. 

Construction pennits for new sources or modifications 

CHAPTER 74:36:01 

DEFINITIONS 

Definitions. 

Repealed. 

Administrative pennit amendment defined. 

Affected states defined. 

Applicable requirements of the Clean Air Act defined. 

Complete application defined. 

Repealed. 

Major source defined. 

Categories of sources defined. 

Modification defined. 

National ambient air quality standard (NAAQS). 

Potential to emit defined. 

• 

• 

• 

2 
• 

• 

• 

74:36:01:13 

74:36:01:14 

74:36:01:15 

74:36:01:16 

74:36:01:17 

74:36:01:18 

74:36:01:19 

Process weight rate defined. 

Repealed. 

Regulated air pollutant defined. 

Responsible official defined. 

Repealed. 

Municipal solid waste landfill defined. 

Existing municipal solid waste landfill defined. 

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

74:36:01:21 Commenced construction defined. 

74:36:01:01. Defmitions. Unless otherwise specified, the terms used in this article mean: 

(1) "Act," chapter 34A-1 of the South Dakota Codified Laws; 

(2) "Acid rain permit," a legally binding written document or portion of a document that is 

issued by the department and specifies the acid rain program requirements applicable to an 

affected source and to the owners and operators and the designated representative of the affected 

source; 

(3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution 

control and emissions reduction program established in accordance with Title IV 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 Clean Air Act; 

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or 

emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36:16; 

(7) "Air pollutant," one or a combination of the regulated air pollutants listed in§ 74:36:0 

(8) "Allowable emissions," the emission rate calculated using the maximum rated capacity 

of a source unless the source is subject to federally enforceable limits which restrict operating 

rate, hours of operation, or both, and the most stringent of the following: 

(a) The applicable new source performance standards in chapter 74:36:07; 

(b) The applicable national emission standards in chapter 74:36:08; 

(c) Any applicable emission limitations specified in this article, including those with a 

future compliance date; 

(d) The emission rate specified as a permit condition; or 

(e) The applicable standards in 40 C.P.R. Part 60, 61, or 63 (JHly 1, 2QQ5 July l, 2009); 

(9) "Ambient air," that portion of the atmosphere external to buildings to which the 

general public has access; 

(1 0) "ASTM," the American Society for Testing and Materials; 

(11) "Board," the Board of Minerals and Environment; 

(12) "Btu," British thermal unit; 

(13) "CO," carbon monoxide; 

(14) "Chairman," chairman of the board; 

(15) "Clean Air Act," the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., as amended 

through November 15, 1990; 

4 

• 

• 
• (16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. 

L. No. 101-549, November 15, 1990; 

(17) "Control equipment," a device which prevents or reduces emissions; 

(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air 

quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, 

ozone, nitrogen oxides, and lead; 

(19) "Department," the South Dakota Department ofEnvironment and Natural Resources; 

(20) "Designated representative," the responsible person or official authorized by the 

owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the 

owner or operator in matters pertaining to the holding, transfer, or disposition of allowances 

allocated to the unit and the submission of and compliance with permits, permit applications, and 

• compliance plans for the unit; 

(21) "Draft permit," the version of a permit for which the department offers public 

participation or affected state review; 

(22) "Emissions allowable under the permit," a federally enforceable permit term or 

condition determined at issuance to be required by an applicable requirement that establishes an 

emissions limit, including work practice standards, or a federally enforceable emissions cap that 

the source has assumed to avoid an applicable requirement to which the source would otherwise 

be subject; 

(23) "Emission standard," the maximum amount of a pollutant legally permitted to be 

discharged from a single unit; 

• 

5 
(24) "Emission unit" or "Unit," any part or activity of a 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) of the aet Clean Air Act; 

(25) "EPA," the Environmental Protection Agency; 

(26) "Equivalent method," any method of sampling and analysis for an air pollutant which 

has a consistent and quantitatively known relationship to the reference method under specified 

conditions; 

(27) "Existing source," a source that has an approved state-issued variance or permit; 

(28) "Facility," a building, structure, or installation of pollutant-emitting activities which 

belong to the same industrial grouping, located on one or more contiguous or adjacent properties 

and under the control of the same person or of persons under common control, except the 

activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial • 

grouping if they belong to the same major group, i.e., have the same two-digit code, as described 

in the Standard Industrial Classification Manual, 1987; 

(29) "Federally enforceable," all limits and conditions that are enforceable by the 

administrator of EPA pursuant to federal law. These limits and conditions include those 

requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (:ffily 

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

requirements established pursuant to this article or 40 C.F.R. §51 Subpart I (Jl:lly 1, 2005 July 1, 

2009). The use of this term does not impede the department's authority under state law to enforce 

these limits and conditions; 

(30) "Final permit" the version of an operating permit issued by the permitting authority 

for a source that has completed all required review procedures; 

6 

• 
• 

• 

• 

(31) "Fixed sapital sost," the sapitalneeded to provide all depresiable soffi:fJonents; 

~ .Qll "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their 

components used in the process of burning fuel or other combustible material for the primary 

purposes of producing heat or power by indirect heat transfer; 

~ .Q1). "Fugitive emissions," those air pollutants which could not reasonably pass 

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

fM1 Ql} "General permit," a permit issued by the board in accordance with SDCL 34A-l56 that may be made applicable to numerous similar sources; 

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

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

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

~ .Qil "Incinerator," a furnace used to burn solid waste to reduce the volume of the 

waste by removing its combustible material; 

fJ+j 00 "Malfunction," any sudden and unavoidable failure of air pollution control 

equipment or process equipment or of a process to operate in a normal or usual manner, but not a 

failure caused entirely or in part by poor maintenance, careless operation, preventable equipment 

breakdown, or any other cause within the control of the owner or operator of the source; 

~ Q1). "Minor source," a source whose potential emissions of a criteria pollutant are 

less than 100 tons a year and which does not meet the definition of a Part 70 source; 

(39) "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 

permit or an approved state-issued variance; 

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 the pollutant; 

~ (40) "NSR," new source review; 

~ ffi} "Opacity," the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background; 

f44) (42) "Open burning," the burning of any matter in such a manner that the products of 

combustion resulting from the burning are emitted directly into the ambient air without passage 

through a stack, duct, or chimney; 

~ .(W "Operating permit," a written authorization issued by the board or the secretary 

for the eonstraetion or operation of a 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 of permits covering a Part 70 

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

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

00) 8JU "Particulate matter," a broad class of chemically and physically diverse 

substances that exist as discrete particles, liquid droplets, or solids over a wide range of sizes; 

~ (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; 

• 

8 
• 

• 

• 

~ 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 

minor permit amendment; 

~!ill "Person," an individual, corporation, partnership, firm, association, trust, estate, 

public or private institution, group, agency, political subdivision or state agency or any legal 

successor, representative, agent, or agency of the foregoing; 

~ .(g} "PMlO," particulate matter with an aerodynamic diameter less than or equal to a 

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

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

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

comments, including those from affected states; 

~ G.1} "PSD," prevention of significant deterioration; 

~Gil "Repealed; 

~ 00 "Salvage operation," an operation conducted in whole or in part for the 

reclaiming of product or material; 

~ .G1} "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative; 

f691 .(2_[} "Shutdown," the cessation of operation of any control equipment, process 

equipment, or process for any purposes; 

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 plume in the air; 

9 
~ (60) "Source," a facility that emits or may emit any air pollutant regulated under the • 

Clean Air Act; 

~ .{Qll "Start-up," the setting into operation of any control equipment, process 

equipment, or process for any purpose; 

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

maintenance of national ambient air quality standards; 

(65) "Title II," Title II of the CleaR Air Aet t\meadmeats, provisioas relatiag to moeile 

sourees; 

(66) "Title m, II Title m of the CleaR Air Aet .Ameadmeats, ha,;ardous air pollutaats; 

~ {Q.ll "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control; 

f681 (64) "Title V," Title V of the Clean Air Act Amendments, 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) "Title VIII," Title VIII of the Cleaa Air Aet lJneadmeRts, miseellaaeous provisioas; 

(72) "Title IX," Title IX of the CleaR Air Aet :!Jneadmeats, elsa£ air researelt; 

(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 

or has the poteRtial to emit a pollutaB:t regt:llated wder the Aet; 

10 

• 
• P6j (66) "Variance," a written authorization issued by the board to operate a minor source 

in an attainment area that is not in compliance with certain portions of the Act; 

fR1 (67) "VOC," "volatile organic compounds," 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 

11 
methm<y eatane (C,J<9GGR. 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); ana perfl1:1ereeareen: eempeoods vffiieh fa-ll irne these classes: 

(a) Cyelie, eranehed, er lin:ear eempletely fl1:1erin:atea a-lkanes; 

(b) Cyelie, eranehea, er lin:ear eemplete!y fll: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:ly te eareen: an:a fl1:1erin:e; as defined in 40 C.F.R. § 51.100(s) (July 1. 2009) 

f781 @ "Wire reclamation furnace," a furnace that uses either direct or indirect heat 

transfer to salvage nonferrous metals through the thermal destruction of solid waste materials; 

f79j (69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by an applicable reference or equivalent method; 

~ (70) "S02," sulfur dioxide; an:d 

f&Bflll"N02," nitrogen dioxide.; and 

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

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

• 

12 
• 

• 

• 

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

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

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

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:01, 19 SDR 157, effective 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, effective January 2, 2005; 32 SDR 209, effective June 

13,2006. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6 . 

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

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

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

100012. Cost: $31. 

74:36:01:02. Actual emissions defmed. Repealed. 

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

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

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

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

13 
effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from • 

§ 74:26:01:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 

repealed, 31 SDR 101, effective January 2, 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 

may issue an administrative permit amendment if it accomplishes one of the following: 

(1) Corrects typographical errors; 

(2) Changes the name, address, or phone number of any person identified in the permit or 

provides a similar minor administrative change at the source; 

(3) Requires more frequent monitoring or reporting by the permittee; 

( 4) Allows for a change in ownership or operational control of a source if the department 

determines that no other change in the permit is necessary and a written agreement containing a 

specific date for transfer of permit responsibility, coverage, and liability between the current and 

new permittee has been submitted to the department. If the change in ownership or operational 

control changes the designated representative for an acid rain permit, the change is considered a 

permit modification and the procedures outlined in§ 74:36:05:39 apply; or 

14 

• 

• 
• ( 5) Any other change that the Administrator of the EPA and the secretary determines to be 

similar to the requirements in subdivisions (1) to (4), inclusive, of this section. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April4, 1999. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6. 

74:36:01:04. Affected states defmed. Affected states are all states whose air quality may 

be affected by and that are contiguous to the state in which an operating permit, permit 

modification, or permit renewal for a Part 70 source is being proposed or that are within 50 miles 

• of the permitted source. 

• 

Source: 19 SDR 157, effective 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 of the Clean Air Act include all of the following as they apply to emissions units in 

a Part 70 source, unless the context of the Clean Air Act requires otherwise: 

(1) Any standard or other requirement provided for in the applicable implementation plan 

approved or promulgated by EPA through rulemaking under Title I of the Clean Air Act that 

15 
implements the relevant requirements of the Clean Air Act, including any revisions to that plan • 

promulgated in Part 52 of 40 C.F.R. (Jt1ly 1, 2005 July 1, 2009); 

(2) Any term or condition of any preconstruction permits issued pursuant to regulations 

approved through rulemaking under Title I, including Parts CorD, of the Clean Air Act; 

(3) Any standard or other requirement under § 111 of the Clean Air Act, including 

§ 111(d); 

(4) Any standard or other requirement under § 112 of the Clean Air Act, including any 

requirement concerning accident prevention under§ 112(r)(7) of the Clean Air Act; 

( 5) Any standard or other requirement of the acid rain program under Title N of the Clean 

Air Act or the regulations promulgated under it; 

(6) Any monitoring, reporting, and certification requirements established pursuant to 

§ 504(b) or 114(a)(3) of the Clean Air Act; 

(7) Any standard or other requirement governing solid waste incineration, under§ 129 of • 

the Clean Air Act; 

(8) Any standard or other requirement for consumer and conunercial products, under 

§ 183(e) of the Clean Air Act; 

(9) Any standard or other requirement for tank vessels, under § 183(f) of the Clean Air 

Act; 

(10) Any standard or other requirement of the program to control air pollution from outer 

continental shelf sources, under § 328 of the Clean Air Act; 

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

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

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

16 
• (12) Any national ambient air quality standard or increment or visibility requirement under 

Part C of Title I of the Clean Air Act, but only as it would apply to temporary sources permitted 

pursuant to§ 504(e) of the Clean Air Act. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:06. Complete application 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 in writing. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:07. Major modification def"med. Repealed . 

17 
Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July • 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:02.01, 19 SDR 157, 

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

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

74:36:01:08. Major source defined. A major source is any source or any group of 

sources that is located on one or more contiguous or adjacent properties, that is under control of 

the same person or of persons under .common control, that belongs to a single major industrial 

grouping, and that is any of the following: 

(1) A major source under § 112 of the Clean Air Act defined as a source or group of 

sources located within a contiguous area and under common control that emits or has the • 

potential to emit, considering controls, in the aggregate, 10 tons per year (tpy) or more of any 

hazardous air pollutant which has been listed pursuant to § 112(b) of the Clean Air Act, 25 tpy or 

more of any combination of such hazardous air pollutants, or a lesser quantity established by rule 

by the administrator of the EPA. Emissions from any oil exploration or production well and its 

associated equipment and emissions from any pipeline compressor or pump station may not be 

aggregated with emissions from other similar units, whether or not such units are in a contiguous 

area or under common control, to determine whether such units or stations are major sources; ef 

(2) A major source of air pollutants, as defined in § 302 of the Clean Air Act, that directly 

emits or has the potential to emit 100 tpy or more of any air pollutant, including any major source 

of fugitive emissions of any such pollutant, as determined by rule by the administrator of the 

EPA; or • 

18 
• 

• 

• 

(3) A major source as defined in Part D of Title I of the Clean Air Act, including; 

(a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more 

per year of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or 

"moderate, "50 tons or more per year in areas classified as "serious," 25 tons or more per year in 

areas classified as "severe," and 10 tons or more per year in areas classified as "extreme." The 

references in this subdivision to 100, 50, 25, and 10 tons per year of nitrogen oxides do not apply 

to any source for which the administrator of the EPA has made a finding, under§ 182(f)(1) or (2) 

of the Clean Air Act, that the requirements of§ 182(f) of the Clean Air Act do not apply; 

(b) For ozone transport regions established pursuant to § 184 of the Clean Air Act, 

sources with the potential to emit 50 tons or more per year of volatile organic compounds; 

(c) For carbon monoxide nonattainment areas that are classified as "serious" and in 

which sources contribute significantly to carbon monoxide levels as determined under rules 

issued by the administrator of the EPA, sources with the potential to emit 50 tons or more per 

year of carbon monoxide; and 

(d) For particulate matter (PMlO) nonattainment areas classified as "serious," sources 

with the potential to emit 70 tons or more per year ofPMlO. 

A source or group of sources is considered as part of a single industrial grouping if all of 

the pollutant-emitting activities of the source or group of sources belong to the same major group 

(i.e. which have the same two-digit code) as described in the Standard Industrial Classification 

Manual, 1987 . 

19 
Source: List of stationary sources transferred from § 74:26:01:03, 17 SDR 170, effective • 

May 13, 1991; transferred from§§ 74:26:01:06.05 and 74:26:01:06.07, 19 SDR 157, effective 

April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6. 

Cross-Reference: Classification defined, Title I of the Clean Air Act. 

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

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

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

100012. Cost: $31. 

74:36:01:09. Categories of sources defmed. The fugitive emissions of a source shall not 

be included in determining whether it is a major source for any of the purposes of§ 74:36:01:08 

unless the source belongs to one of the following categories of sources: 

(1) Coal cleaning plants with thermal dryers; 

(2) Kraft pulp mills; 

(3) Portland cement plants; 

(4) Primary zinc smelters; 

(5) Iron and steel mills; 

(6) Primary aluminum ore reduction plants; 

20 

• 

• 
• 

• 

• 

(7) Primary copper smelters; 

(8) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

(9) Hydrofluoric, sulfuric, or nitric acid plants; 

(1 0) Petroleum refineries; 

(11) Lime plants; 

(12) Phosphate rock processing plants; 

(13) Coke oven batteries; 

(14) Sulfur recovery plants; 

(15) Carbon black plants (furnace process); 

(16) Primary lead smelters; 

(17) Fuel conversion plants; 

(18) Sinteringplants; 

(19) Secondary metal production plants; 

(20) Chemical process plants; 

(21) Fossil fuel-fired boilers totaling more than 250 million British thermal units per hour 

heat input; 

(22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 

barrels; 

(23) Taconite ore processing plants; 

(24) Glass fiber processing plants; 

(25) Charcoal production plants; 

(26) Fossil fuel-fired steam electric plants of more than 250 million British thermal units 

per hour heat input; and 

21 
(27) Any other source category, which as of August 7, 1980, is regulated under§ 111 or • 

112 of the Clean Air Act but only for those air pollutants that have been regulated for that 

category. 

Source: Transferred from § 74:26:01:03, 17 SDR 170, effective May 13, 1991; transferred 

from§ 74:26:01:06.07, 19 SDR 157, effective April22, 1993; 31 SDR 101, effective January 2, 

2005. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:10. Modification defmed. Modification is a physical change in or change in the 

method of operation of a source that results in at least one of the following: 

(1) An increase in the amount of an air pollutant emitted by that source or in the emission 

of an air pollutant not previously emitted; 

(2) A significant change to existing monitoring, reporting, or recordkeeping requirements 

in the permit; 

(3) The change requires or changes a case-by-case determination of an emission limit or 

other standard, a source-specific determination for temporary sources of ambient impacts, or a 

visibility or increment analysis; or 

(4) The change seeks to establish or change a permit term or condition for which there is a 

corresponding underlying applicable requirement that the source has assumed to avoid an 

applicable requirement, a federally enforceable emissions cap assumed to avoid classification as 

22 

• 

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

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

• 

• 

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

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

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

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

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

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-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 of a pollutant. These standards are located in chapter 74:36:02. 

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

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

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

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

23 
effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from • 

§ 74:26:01:01, 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:12. Potential to emit defmed. The potential to emit for sources shall be based 

on the maximum rated capacity of a source to emit a pollutant under its physical or operational 

design. Any physical or operational limitation on the capacity of a source to emit a pollutant, 

including air pollution control equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed, shall be treated as part of its design if the 

limitation is federally enforceable. Secondary emissions are not included when determining the 

potential to emit. 

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:03, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 

list of stationary sources transferred to § 74:26:01:06.07, 17 SDR 170, effective May 13, 1991; 

transferred from§ 74:26:01:03, 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:13. Process weight rate defmed. Process weight per hour is the total weight of 

all raw materials and other materials introduced into any specific process that may cause an 

24 

• 

• 
• emission of a regulated pollutant. Solid fuels charged are considered as part of the process 

weight, but liquid and gaseous fuels and combustion air are not. 

• 

• 

The process weight rate for continuous or long-run steady-state operations is the total 

process weight for the entire period of continuous operation or for a typical portion divided by 

the number of hours of the period or portion. 

The process weight rate for cyclical or batch operation is the total process weight for a 

period that covers a complete operation or an integral number of cycles divided by the hours of 

actual process operation during such a period . 

If the nature of a process or operation or the design of equipment permits more than one 

interpretation of data, the interpretation that results in the minimum value for allowable 

emissions applies. 

Source: SL 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 of sources defined. Repealed 

25 
Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:05, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 

17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:05, 19 SDR 157, effective 

April22, 1993; repealed, 31 SDR 101, effective January 2, 2005. 

74:36:01:15. Regulated air pollutant defmed. A regulated air pollutant is one of the 

following: 

(1) Nitrogen oxides or any volatile organic compounds; 

(2) Nitrogen dioxide, PMlO, sulfur dioxide, carbon monoxide, lead, ozone, or any 

• 

pollutant for which a national ambient air quality standard has been promulgated in the Clean Air • 

Act; 

(3) Any pollutant that is addressed by any standard promulgated under § 111 of the Clean 

Air Act; 

(4) Any Class I or II substance subject to a standard promulgated under or established by 

Title VI of the Clean Air Act; or 

(5) Any pollutant subject to a standard promulgated under § 112 of the Clean Air Act or 

other requirements established under §§ 112(g), (j), and (r) of the Clean Air Act, including the 

following: 

(a) Any pollutant subject to a standard promulgated under § 112(j) of the Clean Air 

Act. If the administrator of the EPA fails to promulgate a standard by the date established in 

26 

• 
• § 112( e) of the Clean Air Act, any pollutant for which a subject source would be major shall be 

considered to be regulated on that date; and 

• 

• 

(b) Any pollutant for which the requirements of§ 112(g)(2) of the Clean Air Act have 

been met, but only for the individual source subject to § 112(g)(2) requirement. 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:16. Responsible official dermed. A responsible official is defined as one of the 

following: 

(1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation 

in charge of a principal business function or any other person who performs similar policy or 

decision-making functions for the corporation, or a duly authorized representative of such person 

if the representative is responsible for the overall operation of one or more manufacturing, 

production, or operating facilities applying for or subject to a permit, and either: 

(a) The facility employs more than 250 persons or has gross annual sales or 

expenditures exceeding $25 million (in second quarter 1980 dollars); or 

(b) The delegation of authority to such a representative is approved in advance by the 

department; 

(2) For a partnership or sole proprietorship, a general partner or the proprietor, 

respectively; 

27 
(3) For a municipal, state, federal, or other public agency, either a principal executive • 

officer or ranking elected official. For the purposes of this subdivision, a principal executive 

officer of a federal agency includes the chief executive officer having responsibility for the 

overall operations of a principal geographic unit of the agency; or 

(4) For affected sources: 

(a) The designated representative insofar as actions, standards, requirements, or 

prohibitions under Title IV of the Clean Air Act or the regulations promulgated under it are 

concerned; or 

(b) The designated representative for any other purposes under chapter 74:36:05. 

Source: 19 SDR 157, effective April22, 1993; 31 SDR 101, effective January 2, 2005 . 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:17. Significant defmed. Repealed. 

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

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:06.04, 19 SDR 157, 

effective 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 

• 

• 
• commercial solid waste, nonhazardous sludge, conditionally exempt small-quantity generator 

waste, or industrial solid waste is placed in or on land. Portions of the municipal solid waste 

landfill may be separated by access roads. A municipal solid waste landfill may be publicly or 

privately owned, a new landfill, an existing landfill, or a lateral expansion. 

Source: 23 SDR 106, effective December 29, 1996. 

General Authority: SDCL 34A-1-6. 

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

74:36:01:19. Existing municipal solid waste 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 solely to comply with applicable emission limits are not considered a modification 

or reconstruction. 

Source: 23 SDR 106, effective December 29, 1996. 

General Authority: SDCL 34A-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 or a change in the method of operation does not include the following: 

• 

29 
(1) Routine maintenance, repair, and replacement; 

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

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

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

as in effect on January 1, 1993; 

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

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

solid waste; 

(5) An increase in the hours of operation or in the production rate, unless the change is 

prohibited under a federally enforceable permit condition which was established after January 6, 

1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2005 July 1, 2009), or under regulations approved 

• 

pursuant to 40 C.P.R. Part 51, Subpart I, or 40 C.P.R.§ 51.166 (July 1, 2QQ5 July 1, 2009); • 

( 6) Any change of ownership at a source; 

(7) The use of an alternative fuel or raw material by a source which the source was capable 

of accommodating before January 6, 1975, unless the change is prohibited under a federally 

enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.P.R. 

§ 52.21 (July 1, 2005 July 1, 2009), or under regulations approved pursuant to 40 C.P.R. Part 51, 

Subpart I, or 40 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 

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

30 

• 
• Source: 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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

owner or operator has all necessary construction approvals or permits and has: 

(1) Begun, or caused to begin, a continuous program of actual on-site construction of the 

new source or modification to the existing source; or 

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

or modified without substantial loss to the owner or operator to undertake a program of actual 

• construction of the source. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6. 

CHAPTER 74:36:02 

AMBIENT AIR QUALITY 

• Section 

31 
74:36:02:01 Air quality goals. 

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

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

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

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

74:36:02:01. Air quality goals. The air quality goals are as follows: 

(1) Protection of the public health; 

(2) Prevention of damage to buildings, property, animals, plants, forests, and agricultural 

crops; 

(3) Optimization of visibility; and 

(4) Minimization of the corrosion of or damage to metals or other materials. 

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

§ 34:10:02:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:02:01, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:01, 19 SDR 

157, effective April22, 1993. 

General Authority: SDCL 34A-1-6, 34A-1-15. 

Law Implemented: SDCL 34A-1-15. 

32 

• 

• 

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

40 C.F.R. §§ 50.1 to 50.5, inclusive, (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 of air pollutants. 

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

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

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

transferred from § 74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 

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

• 

General Authority: SDCL 34A-1-6, 34A-1-15. 

Law Implemented: SDCL 34A-1-15. 

74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter, 

sulfur dioxide, carbon monoxide, ozone, nitrogen dioxide, and lead listed in 40 C.F.R. Part 50 

(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 

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

33 
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:11, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:02:09, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:09, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective 

April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006. 

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

Law Implemented: SDCL 34A-l-15. 

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

• 

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

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

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

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

Law Implemented: SDCL 34A-l-15. 

74:36:02:05. 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 of monitoring activities and results shall be retained for a minimum of 

three years. 

• 

• 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective 

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

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

Law Implemented: SDCL 34A-l-15. 

CHAPTER 74:36:03 

AIR QUALITY EPISODES 

Section 

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

74:36:03:02 Episode emergency contingency plan. 

74:36:03:01. Air pollution emergency episode. The proclamation of an air pollution 

emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.F.R. 

§ 51.151 and Appendix L to Part 51 (Jwy 1, 2005 July 1, 2009), if the accumulation of air 

35 
pollutants in any place is attaining or has attained levels which could, if such levels are sustained • 

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

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

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

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

157, effective 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-1-15. 

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 with the requirements in 40 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, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-15. 

CHAPTER 74:36:04 

• 

36 
• 

• 

• 

Section 

74:36:04:01 

74:36:04:02 

74:36:04:02.01 

74:36:04:03 

74:36:04:03.01 

74:36:04:04 

74:36:04:05 

74:36:04:06 

74:36:04:07 

74:36:04:08 

74:36:04:09 

74:36:04:10 

74:36:04:11 

74:36:04:12 

74:36:04:12.01 

74:36:04:13 

74:36:04:14 

74:36:04:15 

74:36:04:16 

OPERATING PERMITS FOR MINOR SOURCES 

Applicability. 

Permit Minor source operating permit required. 

Minor source operating permit exemption. 

Operating permit Emission unit exemptions. 

Minor source operating permit variance. 

Standard for issuance of operating permit. 

Time period for operating permits and renewals. 

Timely and complete application for operating permit required. 

Required contents of complete application for operating permit. 

Applicant required to supplement or correct application. 

Permit application-- Completeness review. 

Time period for department's recommendation. 

Department's reeommenaation on operating porrnit. Repealed. 

Public participation in permitting process. 

Public review of department's draft permit. 

Final permit decision-- Notice to interested persons. 

Right to petition for contested case hearing. 

Contents of operating permit. 

Operating permit expiration. 

37 
74:36:04:17 

74:36:04:18 

74:36:04:19 

74:36:04:20 

74:36:04:20.01 

74:36:04:20.02 

74:36:04:20.03 

74:36:04:20.04 

74:36:04:21 

74:36:04:22 

74:36:04:23 

74:36:04:24 

Renewal of operating permit. 

Operating permit revision. 

Administrative permit amendment. 

Procedures for administrative permit amendments. 

Minor permit amendment required. 

Requirements for minor permit amendment. 

Application for minor permit amendment. 

Department deadline to approve minor permit amendment. 

Permit modifications. 

Source status change-- New permit required. 

Reopening operating permit for cause. 

Procedures to reopen operating permit. 

74:36:04:25 and 74:36:04:26 Repealed. 

74:36:04:27 Operating permit termination, modification revision, and 

revocation. 

74:36:04:28 

74:36:04:29 

74:36:04:30 

74:36:04:31 

74:36:04:32 

74:36:04:33 

Notice of operating noncompliance-- Contents. 

Petition for contested case on alleged violation. 

Repealed. 

Circumvention of emissions not allowed. 

General permits. 

Secretary may require an individual permit. 

38 

• 

• 

• 
• 

• 

• 

74:36:04:01. Applicability. The requirements of this chapter apply to all minor sources. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:04:02. 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 of air 

pollutants into the ambient air until the applicable preoonstmotion a construction permit or minor 

source operating permit has been issued by the board or the secretary . 

Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:03.01, 7 SDR 

4, effective July 27, 1980; transferred from§ 44:10:01:08, effective July 1, 1981; 13 SDR 129, 

13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:08, 19 SDR 157, effective April 

22, 1993; 21 SDR 119, effective January 5, 1995. 

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

Law Implemented: SDCL 34A-1-21. 

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

exempt from obtaining a minor source operating permit: 

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

except lead, before the application of control equipment; and 

39 
(2) Any other source constructed for domestic purposes and not intended for use by an • 

industry, manufacturer, or business. 

Source: 

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

Law Implemented: SDCL 34A-l-21. 

74:36:04:03. OfleFating fleFmit Emission unit exemptions. The following sow=ees or 

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

preconstruction permit, or NSR preconstruction permit~~ 

(1) A faeility operatiRg an iReiRerator or One or more incinerators of less than 100 pounds 

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

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

airplanes, locomotives, and boats; 

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

(4) A mit fueled by Ratw=al gas that is lisea eJtellisively fur spaee heatiRg; 

~ ffi A unit that has a heat input capability of not more than 3,500,000 Btus per hour, 

except for units fueled with wood or coal; 

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

from equipment; 

40 

• 

• 
• 

• 

• 

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

roofs. or paving parking lots; and 

(7) An emergee6y ele6tri6al geeerator powered by petrole:t:lffi: profffi6ts; 

(8) i\ fa6ility that has the potefltial to emit 25 toes or less per year of aay sriteria pollmant, 

ex6ept leas, befure the appli6atiOR ofeoetrol e~meflt; 

(9) A l:ffiit fueled by waste oilmeetieg the reEJ: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 of control equipment. However, the criteria pollutant emissions 

from the unit must be included in determining if the source is· a minor source;--ae6 

(II) Any other sour6e 6oestraotea fur aomestie purposes aHa eot ieteeaea fur 11se by ae 

ieclllstry, maflllfa6turer, or b11sieess . 

A SOU£6e or An emission unit that is exempt from permitting ooaer sooaiv-isioes (I) to (+0), 

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

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

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

1981; 13 SDR 129, 13 SDR 141, effective July 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 January 2, 2005. 

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

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

41 
Cross-References: Operating permits for Part 70 sources, ch 74:36:05; Prevention of 

significant deterioration, ch 74:36:09. 

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

minor source may request a variance from applicable emission standards. The variance will allow 

the minor source to operate in noncompliance with applicable emission standards. A minor 

source is eligible for a variance if it is located within an area that is in attainment for all regulated 

air pollutants for which the source is requesting a variance. The minor source may not receive a 

variance if the source obtained a minor source operating permit by accepting federally 

enforceable permit conditions to prevent the source from needing a Part 70 operating permit. 

The owner or operator desiring to obtain a variance must submit an application. The 

application must include the same provisions required by§ 74:36:04:07, the requirements and a 

compliance plan for which a variance is requested, and the facts relevant to establishing the 

burden of proof required under SDCL 34A-l-27. The compliance plan must outline the steps that 

will be taken to come into compliance and the completion date for each step. 

The board shall hold a hearing on the department's recommendation on a request for a 

variance. Any person affected by the recommendation or any person interested in testifying either 

for or against the department's recommendation may submit written comments to the department 

or present oral testimony before the board at the hearing. After the hearing is closed, the board 

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

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

Note: The procedural requirements for obtaining a variance are similar to the procedural 

requirements for obtaining a minor source operating permit, such as a timely and complete 

application, completeness review, statement of basis, public participation, and department 

• recommendation, as outlined in§§ 74:36:04:06 to 74:36:04:12, inclusive. 

• 

74:36:04:04. Standard for issuance of a minor source operating permit. An operating 

permit for a HeW source or permit modifieatioe revision may be issued only if it has been shown 

that the operation of the 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 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, e*istieg 

souree, aed permit modifieatioe must comply with emission limits and other requirements of the 

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

43 
including adherence to plans and specifications, to assure compliance with the act, Clean Air Act, • 

and any other conditions justified under SDCL 34A-1-19. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from§ 74:26:01:12, 19 SDR 157, effective April 22, 1993; 21 SDR 

119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006. 

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

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

74:36:04:05. Time period for operating permits and renewals. An operating permit for 

a minor source shall be issued for a period up to five years and all subsequent operating permits 

shall be for a period of five years. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from§ 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:32, 19 SDR 157, 

effective April 22, 1993. 

General Authority: SDCL 34A-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 iffi minor source operating permit shall 

submit a timely and complete application. An application is timely if it meets the time limits 

specified in this section. An application is complete if it meets the requirements in§ 74:36:04:07. 

A minor source applying for an initial operating permit shall submit a complete application 

to the department at least 120 aays, wl!iefl. iRSlliaes the 30 aay Jmalie REJtiee periea, aefure the 

estimated aate ef eemmEJReiRg eeRstmetieR ef the setlfee er eperatieR ef a 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 of the emission unit(s) involved with the modification. 

A minor source applying for renewal of a an operating permit shall submit a complete 

application 90 days before the date of permit expiration. If an existing source submits a timely 

and complete application for renewal of an operating permit within this time limit, the source's 

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

conditions of the existing permit remain in effect until the renewal permit has been issued or 

denied. 

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

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

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

45 
Law Implemented: SDCL 34A-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 of the source or permit modification. 

74:36:04:07. Required contents of complete application for operating permit. An 

application for an operating permit for a minor source or permit modification must submit the 

following information to be considered a complete application: 

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

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

site manager or contact; 

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

(3) The following information on emissions: 

(a) Identification and description of all emission peffits units; 

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

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

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

where applicable, for all regulated air pollutants; 

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

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

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

pollutants regulated at the source; 

46 

• 

• 

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

which may affect the source, including pollution control devices; 

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

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

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

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

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

compliance with the act or the Clean Air Act. 

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

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

• if there 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. If the applicant 

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

47 
an application are incorrect, the applicant shall submit the supplementary facts or corrected • 

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

requirements that become applicable after the application is filed but prior to the release of the 

draft permit. 

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

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

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

74:36:04:09. Permit application -- Completeness review. The department shall conduct 

a completeness review of each permit application received, as follows: 

(1) Within 30 days after submission of an application for an initial operating permit, ~ • 

permit modification, or a renewal of an operating permit for a minor source, the department shall 

notifY the applicant in writing whether or not the application is complete or incomplete. If the 

department does not notifY the applicant that the application is incomplete within 30 days after 

receipt of the application, the application is considered complete. The department may at any 

time during the processing of the application request, in writing, additional information necessary 

to evaluate or take final action on the application; 

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

application, the department shall identifY the items required to 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 approved by the department; and 

48 

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

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

writing if the application is or is not complete. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 34A-1-21. 

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

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

• operating permit for a minor source within 90 days after the submission of a 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 of the application without waiting for a department recommendation. The petition 

must conform to the requirements of article 74:09. 

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

§§ 34:10:01:08.01, 34:10:01:11, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:11, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 

• transferred from§ 74:26:01:11, 19 SDR 157, effective April22, 1993. 

49 
General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-1-21. • 

74:36:04:11. Department's recommendation on operating permit. The 6613artffient, 

after revi:ew of a eomplete applieatioa fer aB operating permit or a reae>Nal of aa operating permit 

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 eorapliaaee v: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 of the draft permit once in a legal newspaper in the county where the source is 

located. The notice must include a brief statement describing the faeility source and where it is 

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

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

50 
• statement that a person may submit comments or contest the draft permit within 30 days after the 

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

• 

• 

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

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

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

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

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

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

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

§ 74:26:01:37, 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999 . 

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

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

74:36:04:12.01. Public review of department's draft permit. During the public 

comment period, any interested person may submit written comments on the 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 of this article or the requirements of the Clean Air Act. 

Source: 25 SDR 123, effective April4, 1999. 

51 
General 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 of the end of the public comment period on a 

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

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

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

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

proposing a new, R'lodified, or renewed permit, denying a permit, or terminating a permit. 

• 

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 of the final permit decision except under the following conditions: 

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

(2) A contested case hearing is requested; or 

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

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

final permit decision and the proposed Hew, R'lo<iified, or renewed final permit is issued at the 

end of the public notice period. 

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, effective April22, 1993; 25 SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34. 

74:36:04:14. Right to petition for contested case hearing. The applicant or interested 

person may petition the board and obtain a contested case hearing to dispute the department's 

draft permit. Any other person may petition to intervene and request a hearing if the person has 

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

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

• the notice required by§ 74:36:04:12. 

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

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

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

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

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

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

• 

Source: SL 1975, ch 16, § 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, 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 Apri122, 

1993; 25 SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-l-34. 

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

operatiFJ:g permit for a minor source shall include the following: 

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

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

a permit; 

(3) The type of operation; 

( 4) The plaHt facility and mailing address; 

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

(6) A number for administrative reference; 

(7) The name of a designated person or officer responsible for the source's operation; 

(8) A statement granting an operating permit by the board or secretary and any conditions 

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

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and Clean Air Act; 

(I 0) M?nitoring and related recordkeeping and reporting requirements; 

54 

• 

• 
• 

• 

• 

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

requirements if any portions of the permit are challenged; and 

(12) Provisions stating the following: 

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

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

revocation and reissuance, or modifieation permit revision, or fer denial of a permit renewal 

application; 

(b) The operating permit may be 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 

exclusive privilege; and 

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

by the department to determine if cause exists for modif)'ing revising, revoking and reissuing, 

reopening, or terminating the permit or to determine compliance. 

Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:22.10, 7 SDR 

4, effective July 27, 1980; transferred from§ 44:10:01:44, effective July 1, 1981; 13 SDR 129, 

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

§ 74:26:01:44, 19 SDR 157, effective April22, 1993. 

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

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

55 
74:36:04:16. Operating permit expiration. Operating permit expiration terminates the • 

source's right to operate under the minor source operating permit unless a timely and complete 

renewal application has been submitted to the department. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:17. Renewal of operating permit. Permits being renewed are subject to the 

same procedural requirements in§§ 74:36:04:06 to 74:36:04:14, inclusive, as the original minor 

source operating permit issuance. 

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

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:18. Operating permit revision. An operating permit for a minor source may be 

revised at any time by the applieant's submittal of a notiee and an application. The netiee 

application must specify if the 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, or permit modification. 

56 

• 

• 
• 

• 

• 

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

General Authority: 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 of the change 

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

permit amendment. 

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

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

Law Implemented: SDCL 34A-1-21. 

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

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

immediately upon notifying the department. The department shall determine if an administrative 

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

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

procedural requirements applicable to obtaining aa operatiag ~permit modification. 

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

General Authority: 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 operating permit and is issued by the secretary. A source 

may request a minor permit amendment under §§ 74:36:04:20.02 to 74:36:04:20.04, inclusive, 

for a change that does not constitute a modification and is not prohibited under any applicable 

requirement under Title I of the Clean Air Act. 

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

General Authority: SDCL 34A-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) It does not violate any applicable requirement; 

(2) It does not involve significant changes to existing monitoring, reporting, or 

recordkeeping requirements in the permit; 

58 

• 

• 

• 
• 

• 

• 

(3) It does not require or change a case-by-case determination of an emission limit or other 

standard, a source-specific determination for temporary sources of ambient impacts, or a 

visibility or increment analysis; 

(4) It does not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement that the source has assumed to avoid an 

applicable requirement, a federally enforceable emissions cap assumed to avoid classification as 

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

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

(5) It does not constitute a modification under Title I of the Clean Air Act. 

Source: 21 SDR 119, effective January 5, 1995. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:20.03. Application for minor permit amendment. An application for a minor 

permit amendment shall include the following: 

(1) A description of the proposed change, the resulting change in emissions, and any new 

applicable requirements; 

(2) The source's suggested draft permit; and 

59 
(3) Certification by a responsible official that the proposed revision meets the applicable • 

requirements of a minor permit amendment. 

Source: 21 SDR 119, effective January 5, 1995. 

General Authority: SDCL 34A-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 after receipt of a complete application for the amendment: 

(1) Issue the minor permit amendment as proposed; 

(2) Deny the minor permit amendment application; or 

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

modification. 

The faeility source may implement a proposed revision that is considered a minor permit 

amendment seven days after notifyiag the Elej3artment submitting a complete application. The 

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

obtaining aa opeffiting ~permit modification. 

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

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

60 

• 

• 
• 

• 

• 

Law Implemented: SDCL 34A-1-21. 

74:36:04:21. Permit modifications. Permit modifications are subject to the same 

procedural requirements in §§ 74:36:04:06 to 74:36:04:14, inclusive, as the original operating 

permit issuance as long as the source remains a minor source. However, the required review shall 

cover only the proposed changes rather than the unchanged activities of the permittee. 

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

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:22. Source status change-- New permit required. If a minor source becomes a 

Part 70 source because of a relaxation in a federally enforceable limit on the capacity of the 

source or modification as defined in § 74:36:01:10, the requirements of chapter 74:36:05 apply to 

that source as though it were a single new source and the owner or operator shall obtain the 

applicable permit. 

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; transferred from § 74:26:01:02.02, 19 SDR 157, effective April 22, 1993; 25 SDR 123, 

effective April4, 1999. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6 . 

61 
74:36:04:23. Reopening operating permit for cause. The department may reopen an • 

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

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

operating permit or the department determines that the operating permit must be revised to assure 

compliance with the applicable requirements of this article and the Clean Air Act. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:24. Procedures to reopen operating permit. The department shall notify the 

source at least 30 days before reopening an operating permit issued to the source. The department • 

may reopen a permit in a shorter time in an emergency. The procedures to reopen an operating 

permit shall follow the procedural requirements to issue an initial permit and shall affect only 

those parts of the permit for which cause to reopen exist. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:25. General permit. Repealed. 

62 

• 
• Source: 19 SDR 157, effective April22, 1993; repealed, 23 SDR 106, effective December 

29, 1996. 

74:36:04:26. General permit-- Notice of intent. Repealed. 

Source: 19 SDR 157, effective April22, 1993; repealed, 23 SDR 106, effective December 

29, 1996. 

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

The board, upon recommendation by the secretary, may terminate, modify revise, or revoke an 

operating permit for a violation of this article or nonpayment of any outstanding enforcement 

• penalty. 

• 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:28. Notice of operating noncompliance -- Contents. If the department 

determines that the operation of a source is not in compliance with this article, the Clean Air Act, 

or permit conditions, the department may issue a notice of such a finding to the permit holder or 

operator of the source. The notice must contain citations to the rules, statutes, or permit 

conditions violated and the alleged facts upon which the determination is based. The secretary, 

with the concurrence of the alleged violator, may settle an issue of noncompliance by entering 

63 
into a compliance agreement with the source that specifies the date for final compliance of the • 

source and any penalties under SDCL 34A-1-39. If a compliance agreement can not be 

negotiated, the department may petition the chairman of the board for a contested case hearing or 

may file a civil penalty or injunctive action in circuit court. 

Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:39, 7 SDR 4, 

effective July 27, 1980; transferred from § 44:10:01:47, effective July 1, 1981; 10 SDR 68, 

effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from 

§ 74:26:01:47, 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-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 or revoked for noncompliance. 

Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:40,7 SDR 4, 

effective July 27, 1980; transferred from§ 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 

SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from 

§ 74:26:01:48, 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-1-6. 

64 

• 

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

74:36:04:30. Stack performance tests required. Repealed. 

Source: 19 SDR 157, effective Apri122, 1993; repealed, 23 SDR 106, effective December 

29, 1996. 

74:36:04:31. Circumvention of emissions not allowed. A person may not install or cause 

the installation or use of a device or a means which conceals or dilutes an emission of air 

pollutants that would otherwise violate this article or the Clean Air Act. This includes operating a 

source, unit, or control device which emits pollutants into the ambient air from an opening other 

• than the stack, vent, or equivalent opening from which they were designed to be emitted. 

• 

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

§ 34:10:01:03, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:07, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:07, 19 SDR 

157, effective Apri122, 1993. 

General Authority: 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 

air pollution sources that meets the following: 

65 
(1) Involve the same or substantially similar types of operations; 

(2) Require the same or similar type of air emission limits; and 

(3) Require the same or similar recordkeeping and monitoring. 

If a general permit has been issued by the secretary, all sources covered by the general 

permit shall apply for permission to operate under the general permit. Such sources may not 

construct or operate until they are granted coverage under the general permit, or until they obtain 

an individual permit if required by the secretary. 

Source: 30 SDR 26, effective September 1, 2003. 

General Authority: SDCL 34A-1-21. 

Law Implemented: SDCL 34A-l-56. 

Note: The procedural requirements for obtaining a general permit under this chapter are 

similar to the procedural requirements for a minor source, such as a timely and complete 

application, completeness review, public participation, and departmental recommendation, as 

outlined in§§ 74:36:04:06 to 74:36:04:14, inclusive. 

74:36:04:33. Secretary may require an individual permit. The secretary may require 

any source applying for a general permit or operating under a general permit to apply for and 

obtain an individual air quality permit. Individual air quality permits may be required at the 

discretion of the secretary, including under the following circumstances; 

66 

• 

• 

• 
• 

• 

• 

(1) The owner or operator is not in compliance with the conditions of its existing 

individual air permit prior to applying for the general permit; or 

(2) The owner or operator is not in compliance with the conditions of the general permit. 

Source: 30 SDR 26, effective September 1, 2003. 

General Authority: SDCL 34A-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 

CHAPTER 74:36:05 

OPERATING PERMITS FOR PART 70 SOURCES 

Applicability. 

Pennit Part 70 operating permit required. 

Sources required to obtain a Part 70 operating permit. 

PSD or ~tSR J3Feeoastruetioe ]3etmit refilliired. Repealed. 

Sources exempt from obtaining a Part 70 operating permit. 

Insignificant activities. 

Transferred. 

Standard for issuance of a Part 70 operating permit. 

67 
74:36:05:06.01 Fees required for operating permit. 

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

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

74:36:05:09 Complete application. 

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

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

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

74:36:05:14 Repealed. 

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

74:36:05:16 Statement of basis for recommended permit conditions. 

74:36:05:16.01 Operating permit requirements. 

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

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

74:36:05:19 Transferred. 

74:36:05:20 Repealed. 

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

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

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

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

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

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

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

74:36:05:24 Repealed. • 

68 
• 

• 

• 

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

74:36:05:28 

74:36:05:29 

74:36:05:30 

74:36:05:31 

74:36:05:32 

74:36:05:33 

74:36:05:34 

74:36:05:35 

74:36:05:36 

74:36:05:37 

74:36:05:38 

74:36:05:39 

74:36:05:40 

74:36:05:41 

74:36:05:42 

74:36:05:43 

74:36:05:44 

74:36:05:45 

74:36:05:46 

74:36:05:47 

74:36:05:47.01 

Permit expiration. 

Permit renewal. 

Permit flexibility. 

Permit amendment -- Application required. 

Administrative permit amendment required. 

Procedure for administrative permit amendments. 

Minor permit amendment required. 

Requirements for minor permit amendments. 

Application for minor permit amendment. 

Notification of EPA and affected states required. 

Department deadline to approve minor permit amendment. 

Permit modifications. 

Reopening operating permit for cause. 

Procedures to reopen permit. 

Reopening permit for cause by EPA. 

EPA review of proposed determination. 

Department failure to submit proposed determination. 

Repealed. 

Permit termination, modification, revocation, and reissuance by 

department. 

Notice of operating noncompliance-- Contents. 

Circumvention of emissions not allowed. 

69 
74:36:05:48 

74:36:05:49 

74:36:05:50 

74:36:05:51 

74:36:05:52 

Petition for contested case on alleged violation. 

Repealed. 

Federal enforceability of permit conditions. 

General permits. 

Secretary may require an individual permit. 

74:36:05:01. Applicability. The requirements of this chapter apply to all Part 70 sources 

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. 

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

Law Implemented: SDCL 34A-1-21. 

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

install, modify, re>lise, or operate any source or unit likely to cause the emission of air pollutants 

into the ambient air or any equipment which prevents or controls the emission of air pollutants 

into the ambient air until the applicable preconstruction a construction permit, PSD 

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

by the board or the secretary. 

70 

• 

• 

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

• 

• 

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

25 SDR 123, effective April4, 1999. 

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

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

Cross-References: Sources exempt from obtaining a Part 70 operating permit, 

§ 74:36:05:04; Timely and complete application for operating permit required, § 74:36:05:08. 

74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required 

to obtain a Part 70 operating permit include the following: 

(1) Any major source; 

(2) Any source, including an area source, subject to a standard or regulation promulgated 

under§ 111 of the Clean Air Act unless otherwise specified in§ 74:36:07; 

(3) Any source, including an area source, subject to a standard or regulation promulgated 

under § 112 of the Clean Air Act, except for a source that is solely subject to the regulations or 

requirements of§ 112(r) or unless otherwise specified in § 74:36:08; 

( 4) Any affected source subject to Title IV of the Clean Air Act; and 

(5) Any source in a source category designated by the administrator of the EPA through 

the Clean Air Act pursuant to Title V of the Clean Air Act. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April4, 1999. 

71 
General Authority: SDCL 34A-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 sf the Clean Air Aet sr eha~ters 74:36:09 ana 74:36:10. A P8D sr ~t8R ssaree must 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, effective February 9, 1994; 21 SDR 119, effective January 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 operating permit: 

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

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

Performance for New Residential Wood Heaters (July 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 

• 

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 . 

• General Authority: 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 preconstruction permit or NSR preconstruction permit: 

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

that combust municipal or household waste; 

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

airplanes, locomotives, and boats; 

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

73 
( 4) A ae>liee or atJJ3aFatus unit that has a heat input capability of not more than 3,500,000 • 

Btus per hour, except for units fueled with wood or coal; 

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

equipment; 

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

roofs, or paving parking lots; 

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

before the application of control equipment. A lffiit may not be eonsidered insignifieant if a state 

or federal limit is a.wliea!Jle to the 1mit. However, the criteria pollutant emissions from the unit 

must be included in determining if the source is a major source; and 

(8) A unit that has the potential to emit two tons or less per year of any hazardous air 

pollutant. However, the hazardous air pollutant emissions from the unit must be included in • 

determining if the source is a major or minor source. A unit can not be considered insignificant if 

a state or federal limit is applicable to the unit. 

However, insignificant activities exempted because of size or production rate must be 

identified in the Part 70 operating permit application. An application may not omit information 

needed to determine the applicability of or to impose an applicable requirement. 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 

SDR 101, effective January 2, 2005. 

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

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

74 

• 
• 74:36:05:05. Transferred to § 74:36:05:02. 

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

permit for a HeW source or permit moaifieatioR revision may be issued only if it has been shown 

that the operation of the HeW source or permit moaifieatioR revision will not prevent or interfere 

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

with this requirement as determined by air pollution dispersion modeling is 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 conditions justified under SDCL 34A-1-19. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

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

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

75 
Law 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 

operating permit fef and the owner or operator of a source with a Part 70 SffiiWe operating permit 

shall submit a fee in accordance with article 74:37. 

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:11, 20 SDR 

125, effective February 9, 1994. 

General Authority: SDCL 34A-l-57, 34A-l-58. 

Law Implemented: SDCL 34A-l-58. 

• 

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

source under Title IV of the Clean Air Act shall be for a fixed term of five years. Operating 

permits for all Part 70 sources shall be issued for a period up to five years and all subsequent 

operating permits shall be for a period of five years. A permit issued for a solid waste incinerator 

subject to the requirements of§ 129(e) of the Clean Air Act shall be for a period not to exceed 12 

years and shall be reviewed by the department every five years. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from§ 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:32, 19 SDR 157, 

effective April22, 1993. 

General Authority: 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 source required to have an operating permit must submit a 

timely and complete application. An application is timely if it meets the time limits specified in 

this section. An application is complete if it meets the requirements in §§ 74:36:05:12 and 

74:36:05:13. The time limits are set as follows: 

(1) A source applying for its initial Part 70 operating permit or a 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 may be 

sHbmitted ia a shorter time frame if the applieaRt reeeives prior writtea appro'ral from the 

• dSJ3artffieRt. for pl:H:Jloses of this seetioa, begimiag aerual eoas1nletioa meaas the iaitiatioa of 

physieal, oasite eoastFI:letioa, reeoastmetioa, or modifieatioa aeti~cities oa a uait or ehaage ia 

method of operatioa that 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 of the emission units 

involved with the modification. 

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

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

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

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

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

• identified in§ 74:36:05:12; 

77 
~ (±) Part 70 sources required to obtain approval under§ 112(g) of the Clean Air Act or • 

te have a PSD preconstruction permit or NSR preconstruction permit under the preeonstrnetion 

re>;ie>u program l*l:Ser part CorD of Title I of the Clean ,'\iT Aet must file a complete application 

to obtain a Part 70 operating permit or a permit modification, whichever is applicable, for the 

Part 70 source within 12 months after commencing operation. If an existing operating permit for 

a Part 70 source would prohibit such construction or the change in operation, the source must 

obtain a the applicable construction permit, PSD preconstruction permit, or NSR preconstruction 

permit moaifieation before commencing operation; 

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 of the effective date of EPA's approval of the state's § 111 (d) plan required in 

the Clean Air Act. 

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

21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, 

effective January 2, 2005. 

General Authority: SDCL 34A-l-6, 34A-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 of the source or permit modification. 

74:36:05:09. Complete application. The department shall determine completeness of an 

application for an initial Part 70 operating permit, permit modification, or renewal of a Part 70 

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

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

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

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

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

If the application is incomplete or additional information is necessary to evaluate the 

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

applicant has aR adaitioaal 20 working days after receipt of an incomplete notification or request 

for additional information to submit the requested information, unless an extension beyond the 

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

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

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

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

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

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

79 
until the final permit is issued, provided that any requested additional information is submitted • 

during the permitting process. 

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. Transferred to § 74:36:05:03.01. 

74:36:05:11. Transferred to§ 74:36:05:06.01. 

74:36:05:12. Required contents of complete application. An applicant for an operating • 

permit for a Part 70 source or permit modification must submit the following information for the 

application to be considered complete: 

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

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

site manager or contact; 

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

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

identified by the source; 

(3) The following information on emissions: 

• 

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 emissions unit, except when such units are exempt; 

(b) Identification and description of all emission j':leffits units described in subsection (a) 

of this subdivision in sufficient detail to establish the basis for fees and the applicability of 

requirements of the Clean Air Act; 

(c) Emissions rates in total tons per year and in any other terms necessary to establish 

compliance consistent with the applicable standard reference test method; 

(d) Fuels, fuel use, raw materials, production rates, and operating schedules; 

(e) Identification and description of air pollution control equipment and compliance 

monitoring devices or activities; 

(f) Limits on source operation affecting emissions or any work practice standards, as 

applicable for all regulated air pollutants; 

(g) For all pollutants regulated at the source, other information required by any 

applicable requirements including information related to stack height limits, such as the location 

of emissions units, flow rates, building dimensions, and stack parameters, including height 

diameter, and plume temperature; and 

(h) Calculations on which the items in this subdivision are based; 

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

facilities that may affect the source, including pollution control devices; 

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

( 6) A signed and notarized certification of applicant form, as provided by the department; 

81 
(7) The results of any air dispersion modeling or stack performance testing required by the • 

department; 

(8) Citation and description of all applicable air pollution control emission limit 

requirements; 

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

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

source; 

(1 0) A description of or reference to any applicable test method for determining 

compliance with each applicable requirement; 

(11) Any additional information that may be necessary to implement and enforce other 

requirements of the Clean Air Act or to determine the applicability of such requirements; 

(12) An explanation of any proposed exemptions from otherwise applicable requirements; • 

(13) The use of standardized forms for acid rain portions of permit applications and 

compliance plans; 

(14) Information necessary to define reasonably anticipated alternative operating 

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

federally enforceable emission cap; 

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

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

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

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

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

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

82 
• will achieve compliance with such requirements. The compliance schedule must include a 

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

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

requirements; 

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

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

source subject to Title N and chapter 74:36:16 must be submitted by the designated 

representative. This certification must be consistent with any applicable enhanced monitoring 

and compliance certification requirement of the Clean Air Act and must include: 

(a) A statement indicating methods used to determine compliance, including 

monitoring, recordkeeping and reporting requirements, and test methods; 

• (b) A statement that compliance certifications will be submitted at least annually or at 

other designated times for the duration of the permit to the department; 

(c) A statement that the source is in compliance with all applicable requirements; 

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

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

or intermittent; and 

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

monitoring and compliance certification requirements of the Clean Air Act; 

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

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

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

• 

83 
formed after reasonable inquiry, the statements and information in the documents are true, • 

accurate, and complete; and 

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

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

with the Clean Air Act. 

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

previously submitted material. 

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

21 SDR 119, effective January 5, 1995. 

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

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

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

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

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

100012. Cost: $31. 

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

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

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

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

84 

• 

• 
• requirements that become applicable after the application is filed but before the release of the 

draft permit. 

• 

• 

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

General Authority: SDCL 34A-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 

of affected sources under the Title IV acid rain program, final action on each permit application 

for an operating permit for a Part 70 source, including requests for permit modification or 

renewal, must be completed within 18 months after receipt of a complete application. 

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

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:16. Statement of basis for recommended permit conditions. The department 

shall review the complete application for a Part 70 operating permit and develop a statement that 

85 
sets forth the legal and factual basis for the recommended permit conditions, including references • 

to the applicable statutory or regulatory provisions. The department shall provide this statement 

to EPA, the applicant, and, upon request, to the public and affected states with the draft permit. 

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

21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:16.01. Operating permit requirements. Each permit issued for the operation of 

a Part 70 source must contain: 

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

a permit; 

(2) The type of operation; 

(3) The plaffi facility and mailing address; 

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

(5) A number for administrative reference; 

( 6) A The name of a designated person or officer responsible for the source's operation; 

(7) A statement granting an operating permit by the board or secretarv and any conditions 

that the board or secretarv may impose to ensure compliance with the act and Clean Air Act; 

(8) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and Clean Air Act and including the following: • 

86 
• 

• 

• 

(a) The reference of authority for each term or condition; 

(b) The applicable requirements from the Clean Air Act and from Title IV requirements 

of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent 

and incorporating both into the permit; and 

(c) If an alternative emission limit is approved in the state implementation plan (SIP), 

provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit 

modification process has been demonstrated to be equivalent to the applicable emission limit in 

the state implementation plan and is quantifiable, accountable, enforceable, and based on 

replicable procedures; 

(9) Monitoring and related recordkeeping and reporting requirements, consisting of at least 

the following: 

(a) All emissions monitoring and analysis procedures, alternative approved methods or 

test methods required under the applicable requirements, including procedures and methods in 

§ 504(b) or 114(a)(3) of the Clean Air Act; 

(b) If the applicable requirement does not require periodic testing or instrumental or 

noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the 

relevant time period that are representative of the source's compliance with the permit. Such 

monitoring requirements must assure use of terms, test methods, units, averaging periods, and 

other statistical conventions consistent with the applicable requirement; 

(c) As necessary, documentation of the use, maintenance, and if appropriate, 

installation of monitoring equipment or methods; 

(d) Documentation of the following: 

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 company or entity that performed the analyses; 

(iv) The analytical techniques or methods used; 

(v) The results of such analyses; and 

(vi) The operating conditions as existing at the time of sampling or 

measurement; 

(e) Recordkeeping and reporting requirements that comply with the following: 

(i) Submission of reports of any required monitoring must occur at least every 

six months. Reports must clearly identify all deviations from permit requirements and conditions . 

All required reports must be certified by a responsible official; and 

(ii) Deviations from permit requirements, including those attributable to upset 

conditions as defined in the permit, the probable cause of such deviations and any corrective 

actions or preventive measures taken must be promptly reported and certified by a responsible 

official; and 

(f) Requirements for retention of monitoring records and all supporting documentation 

for at least five years from the date of the monitoring sample, measurement, report, or 

application; and 

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

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

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

88 

• 

• 

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

portions of the permit are challenged; 

(12) Provisions stating the following: 

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

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

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 

been necessary to cease or reduce the permitted activity in order to maintain compliance; 

(c) The permit may be modified, revised, revoked and reissued, reopened, or terminated 

for cause. EJdstiHg permit eoHditioHs will Hot be affeeted by the The filing of a request by the 

• permittee for a permit modifieatioH revision, revocation and reissuance, or termination or of a 

notification of planned changes or anticipated noncompliance does not stay any permit condition; 

(d) The permit does not convey property rights of any sort or any exclusive privilege; 

• 

and 

(e) The permittee must provide any information, including records, requested in writing 

by the department to determine whether cause exists for modifyiHg revising, revoking and 

reissuing, reopening, or terminating the permit or to determine compliance; 

(13) Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application and approved by the department. The terms and conditions must require 

the source, contemporaneously with making a change from one operating scenario to another, to 

record in a log at the permitted facility a record of the scenario under which it is operating and 

89 
must ensure that the terms and conditions of each such alternative scenario meet all requirements • 

of the Clean Air Act; 

(14) Compliance requirements that contain the following: 

(a) A compliance certification and testing, monitoring, reporting, and recordkeeping 

requirements sufficient to assure compliance with the terms and conditions of the permit. All 

documents, including reports, required by the permit must be certified by a responsible official 

consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted 

annually from the date of permit issuance to the department and EPA; 

(b) Inspection and entry requirements that require the permittee to allow the department 

or an authorized representative to perform the following: 

(1) Enter upon the permittee's premises where a Part 70 source is located or 

emissions-related activity is conducted or where records must be kept under the conditions of the • 

permit; 

(2) Have access to and copy, at reasonable times, any records that must be kept 

under the conditions of the permit; 

(3) Inspect at reasonable times any facilities, equipment, practices, or operations 

regulated or required under the permit; and 

(4) As authorized by the Clean Air Act, sample or monitor at reasonable times 

substances or parameters for the purpose of assuring compliance with the permit or applicable 

requirements; 

(c) A compliance plan in accordance with subdivision 74:36:05:12(15), including 

progress reports on noncompliance indicating the dates that compliance will be achieved or the 

dates that compliance was achieved as referred to in a schedule of compliance. The report must • 

90 
• state an explanation for not attaining dates of compliance and must be submitted to the 

department semiannually or more frequently as required by the department; and 

(d) A compliance certification in accordance with subdivision 74:36:05:12(16); 

(15) A condition requiring a Part 70 source to pay any required fees; 

(16) A condition stating that no permit revisions are required for increases in emissions 

allowed through emissions trading to the extent that such trades are authorized by the applicable 

requirements of the Clean Air Act; 

(17) Any provisions the department uses to issue general permits that are in accordance 

with 40 C.F.R. Part 70.6(d) (JHly 1, 2005 July 1, 2009); 

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

with the requirements in 40 C.F.R. Part 70.6(g) (JHly 1, 2005 July 1, 2009); and 

• (19) All applicable requirements of the Clean Air Act. 

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

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

General Authority: SDCL 34A-1-6, 34A-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 on the draft permit. 

91 
The department shall publish the public notice on the draft permit once in a legal 

newspaper in the county where the source is located. The public notice must include the 

following: 

(1) A brief statement describing the faeility source, including the name and address of the 

permittee; 

(2) The activity or activities involved in the permit action; 

(3) The emissions change involved in any permit modification; 

( 4) The department's recommendation and the reasons for it; 

(5) A statement that a person may submit comments or contest the draft permit within 30 

• 

days after publication of the notice. The statement shall also describe the procedures a person • 

must follow to contest the draft permit and request a hearing in accordance with article 74:09; 

and 

( 6) A statement describing where copies of the draft permit or other information may be 

obtained. 

The department shall provide to the interested parties a 30-day notice of any hearing to 

contest a draft permit. 

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

21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 

General Authority: 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 case hearing must be in writing and prepared and filed in accordance with 

article 74:09. The department is not required to accept recommendations or comments that are 

not based on applicable requirements of this article or the requirements of the Clean Air Act. 

Source: 19 SDR 157, adopted April22, 1993, effective November 15, 1994; 20 SDR 125, 

• amended February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 

1995, and effective date changed to March 15, 1995; 25 SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:19. Transferred to § 74:36:05:20.03. 

74:36:05:20. Department review of affected states' comments on draft permit. 

Repealed . 

• 

93 
Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, • 

and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995; repealed, 25 SDR 123, effective 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 of the end of the public comment period on a 

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

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

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

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

means proposing a new, modified, or renewed permit, denying a permit, or terminating a permit. 

The proposed nevi, modified, or renewed Part 70 operating permit will be submitted to 

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

written comments or requested notification of the final permit decision except under the 

following conditions: 

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

(2) A contested case hearing is requested; or 

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

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

final permit decision and the proposed Part 70 operating permit is submitted to EPA. 

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, interested person, or 

affected state may petition the board and obtain a contested case hearing to dispute the 

department's draft permit. Any other person may petition to intervene and request a hearing if the 

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

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

required by§ 74:36:05:17 . 

The applicant or an interested person or affected state that comments on the draft permit 

may petition the board for and obtain a contested case hearing to dispute the department's final 

permit decision. Such petitions must comply with the provisions of article 74:09 and be received 

by the department within 30 days after the applicant, interested person, or affected state receives 

the department's final permit decision. 

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

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

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

§§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from 

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, 

effective January 5, 1995; 25 SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34. 

74:36:05:20.03. EPA review of Part 70 operating permit. The department shall submit 

to EPA a copy of each permit application for an operating 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 of the permit application or compliance plan. 

Source: 19 SDR 157, adopted April22, 1993, effective November 15, 1994; 20 SDR 125, 

transferred from§ 74:36:05:19 and amended February 9, 1994, effective November 15, 1994; 21 

SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, 

effective 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 if EPA objects to 

its issuance within 45 days after receipt of the proposed Part 70 operating permit pursuant to 

§ 74:36:05:20.03. If there is no EPA objection, the department shall issue the proposed Part 70 

operating permit as a final permit. 

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

and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995. 

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

Law Implemented: SDCL 34A-1-21. 

Cross-Reference: EPA objection procedure, 40 C.F.R. § 70.8(c). 

74:36:05:21.01. Department response to EPA objection. The department shall respond 

within 90 days to the EPA objection. The department may either revise the proposed Part 70 

operating permit or justify its position on the proposed Part 70 operating permit to EPA. If the 

department decides to revise the proposed Part 70 operating permit, it shall 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, minor permit amendment, or permit modification, as applicable . 

97 
If the EPA concurs with the revised proposed Part 70 operating permit or the department's • 

justification, the department shall issue a final permit and submit it to the EPA. If the EPA does 

not concur, the EPA is responsible for issuing the final permit. 

Source: 20 SDR 125, adopted February 9, 1994, effective November 15, 1994; 21 SDR 

119, amended January 5, 1995, and effective date changed to March 15, 1995. 

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

Law Implemented: SDCL 34A-1-21. 

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

fails to submit a revised proposed Part 70 operating permit or justification in accordance with 

§ 74:36:05:21.01 to EPA to meet the objection within 90 days after its receipt, responsibility for • 

issuing or denying the final permit rests with EPA. 

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

and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995. 

General Authority: SDCL 34A-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 by the EPA or the department, a person may petition 

the EPA in writing within 60 days after expiration of EPA's review period specified in 

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 

impracticable to raise such objections within the public comment period or unless the grounds for 

the objection arose after the public comment period. If EPA objects to the issuance of the final 

permit as a result of a petition, the department shall respond to EPA's objection. Upon resolution 

of EPA's objection, the permit shall remain the same or may be modified, terminated, or revoked 

by the department or EPA 

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

and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

• effective date changed to March 15, 1995. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:24. Affected state and EPA review required. Repealed. 

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

9, 1994. 

74:36:05:25. Transferred to § 74:36:05:20.01. 

• 74:36:05:26. Transferred to § 74:36:05:20.02. 

99 
74:36:05:27. Transferred to§ 74:36:05:16.01. 

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

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

submitted to the department. 

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 Part 70 operating permit 

issuance. 

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

31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-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 listed below without requiring a permit revision before the 

source makes those changes if the change is not a modification under any provision of Title I of 

the Clean Air Act and the change does not exceed the emissions allowable under the permit. The 

source must provide both EPA ana the department written notification as required in this section 

at least seven days in advance of the proposed changes. The source, the EPA, and the department 

shall attach each such notice to its copy of the relevant permit. 

Permitted sources may make changes 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 brief description of the change within the permitted 

facility, the date on which the change will occur, any change in emissions, and any permit term or 

• 

condition that is no longer applicable as a result of the change 

If a permit applicant requests it, the department must issue permits that contain terms and 

conditions, including all requirements under § 74:36:05:16.01, allowing for the trading of 

increases and decreases in the permitted facility solely for the purpose of complying with a 

federally enforceable emissions cap that is established in the permit independent of otherwise 

applicable requirements. The permit applicant must include in its permit application the proposed 

replicable procedures and permit terms that ensure that the emission trades are quantifiable and 

enforceable. Any emission units for which emissions are not quantifiable or for which there are 

no replicable procedures to enforce the emission trades shall not be permitted for trading of 

101 
emissions. The written notice must include, at a minimum, when the proposed change will occur, • 

a description of each such change, any change in emissions, and how these increases and 

decreases in emissions will comply with the terms and conditions of the permit. 

Source: 19 SDR 157, effective Apri122, 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. 

74:36:05:31. Permit amendment -- Application required. An amendment to a permit 

can be applied for at any time by the aJ3J3lieam's submittal of an application. The application must 

specify if the 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, or permit 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 may be issued for a revision to a permit meeting the requirements of§ 74:36:01:03. 

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

• 

102 
• and documentation supporting the applicant's claim the revision qualifies as an administrative 

permit amendment. 

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

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

Law Implemented: SDCL 34A-1-21. 

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

permit amendment shall be made by the department without being subject to advance notice or 

the procedural requirements applicable to a permit modification. The department shall take no 

more than 60 days from receipt of an application for an administrative permit amendment to take 

• final action on the application. The department may make such changes without providing notice 

to the public or affected states if it designates any such permit revisions as being made pursuant 

' 

to this section. The department shall submit a copy of the revised permit to EPA. The source may 

implement the changes addressed in the application for an administrative amendment 

immediately upon submitting the application. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:34. Minor permit amendment required. A Part 70 source may request a minor 

• permit amendment under §§ 74:36:05:35 to 74:36:05:38, inclusive, for a change that does not 

103 
constitute a modification and is not prohibited under any applicable requirement under Title I of • 

the Clean Air Act. 

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

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

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

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

is an amendment to an existing permit and is issued by the secretary. A minor permit amendment 

may be issued by the secretary if the proposed revision meets the following requirements: 

(1) It does not violate any applicable requirement; • 

(2) It does not involve significant changes to existing monitoring, reporting, or 

recordkeeping requirements in the permit; 

(3) It does not require or change a case-by-case determination of an emission limit or other 

standard, a source-specific determination for temporary sources of ambient impacts, or a 

visibility or increment analysis; 

(4) It does not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement that the source has assumed to avoid an 

applicable requirement, a federally enforceable emissions cap assumed to avoid classification as • 

104 
• a modification under any provision of Title I, and an alternative emissions limit approved 

pursuant to regulations promulgated under§ 112(i)(5) of the Clean Air Act; and 

• 

• 

(5) It does not constitute a modification under Title I ofthe Clean Air Act. 

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

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:36. Application for minor permit amendment. An application for a minor 

permit amendment shall include the following: 

(1) A description of the proposed change, the resulting change in emissions, and any new 

applicable requirements; 

(2) The source's suggested draft permit; 

(3) Certification by a responsible official that the proposed revision meets the applicable 

requirements of a minor permit amendment; and 

( 4) Completed forms for notifying EPA and any affected states. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-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 of a complete minor 

permit amendment application. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:38. 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 obj est 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 after the end of EPA's 45-day review period, whichever is later: 

(1) Issue the minor permit amendment as proposed; 

(2) Deny the minor permit amendment application; 

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

modification; or 

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

EPA. 

• 

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

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

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

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

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

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

Law Implemented: SDCL 34A-1-21. 

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

• 

procedural requirements in §§ 74:36:05:08 to 74:36:05:23, inclusive, as the original permit 

issuance, except that the required review covers only the proposed changes rather than the 

unchanged activities of the permittee. 

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

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

Law Implemented: SDCL 34A-l-21. 

74:36:05:40. Reopening operating permit for cause. The department may reopen and 

revise an operating permit 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 or more remain on the term of the 

permit. Such reopenings or revisions shall be made not more than 18 months after the 

promulgation of the relevant standard or regulations. Such reopenings or revisions are not 

required if the effective date of the requirement is later than the date on which the permit is due 

to expire; 

(2) Additional requirements become applicable to an affected source under Title IV of the 

Clean Air Act; 

(3) There is a determination by the department or EPA that the permit contains inaccurate 

statements or material mistakes in establishing the emission standard limitations on other • 

requirements of the permit; or 

( 4) The department or EPA determines that the permit must be revised or revoked to 

assure compliance with the applicable requirements of the Clean Air Act or this article. 

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 31 

SDR 101, effective January 2, 2005. 

General Authority: 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 of the permit 

for which cause to reopen exists. The department shall follow the procedural requirements for 

initial permit issuance and shall notify the source subjeet to Part 70 at least 30 days before 

reopening a permit issued to the source. The department may provide a shorter notice in an 

emergency. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21 . 

74:36:05:42. Reopening permit for cause by EPA. Within 90 days after EPA notifies the 

department and permittee that cause exists to terminate, modify revise, or revoke and reissue a 

permit, the department shall submit to EPA a proposed determination of termination, 

modifieatioR revision, or revocation and reissuance. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:43. EPA review of proposed determination. After EPA review of the proposed 

determination, the department has 90 days from receipt of an EPA objection to resolve the 

rejection. 

109 
Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:44. Department failure to submit proposed determination. Department 

failure to submit a proposed determination within the 90-day period in§ 74:36:05:42 or failure to 

resolve the objection in § 74:36:05:43 will result in termination, 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 hearing by EPA on the proposed action. 

1995. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:45. 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 

• 

• 

• 
• violations of the Clean Air Act or this article or for nonpayment of a fee. Invalidation of the acid 

rain portion of an operating permit does not affect the continuing validity of the rest of the 

operating permit, nor does invalidation of any other portion of the operating permit affect the 

continuing validity of the acid rain portion of the permit. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-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 

permit holder or operator of the source. The notice must contain citations to the rules, statutes, or 

permit conditions violated, reference to this section, and the alleged facts upon which the 

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

issue of noncompliance by specifying a compliance agreement, which may include a penalty 

under SDCL 34A-1-39 and the date for final compliance of the source. If a compliance 

agreement can not be negotiated, the department may petition the chairman of the board for a 

contested case hearing or may file a civil penalty or injunctive action in circuit court. 

Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:39,7 SDR 4, 

effective July 27, 1980; transferred from § 44:10:01:47, effective July 1, 1981; 10 SDR 68, 

• 

Ill 
effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from • 

§ 74:26:01:47, 19 SDR 157, effectiveApril22, 1993. 

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

Law Implemented: SDCL 1-26-20, 34A-1-39, 34A-1-53. 

74:36:05:47.01. Circumvention of emissions not allowed. A person may not install or 

cause the installation or use of a device or a means which conceals or dilutes an emission of air 

pollutants that would otherwise violate this article or the Clean Air Act. This includes operating a 

source, unit, or control device which emits pollutants into the ambient air from an opening other 

than the stack, vent, or equivalent opening from which they were designed to be emitted. 

Source: 21 SDR 119, effective January 5, 1995. 

General Authority: SDCL 34A-1-6. • 

Law Implemented: SDCL 34A-1-18. 

74:36:05:48. Petition for contested case on alleged violation. 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, effective April22, 1993. 

General Authority: SDCL 34A-1-6. 

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

74:36:05:49. Stack performance tests required. Repealed. 

Source: 19 SDR 157, effective April22, 1993; repealed, 23 SDR 106, effective December 

29, 1996. 

74:36:05:50. Federal enforceability of permit conditions. All terms and conditions of a 

• Part 70 operating permit issued pursuant to this article, including any provisions designed to limit 

a source's potential to emit, are federally enforceable, except those conditions imposed by the 

department that are not required under the Clean Air Act. The conditions imposed by the 

department that are not required under the Clean Air Act must be specifically designated as not 

being federally enforceable. 

Source: 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:05:51. General permits. The secretary may issue a general permit to a category of 

• air pollution sources that meets the following: 

113 
(1) Involve the same or substantially similar types of operations; 

(2) Require the same or similar type of air emission limits; and 

(3) Require the same or similar recordkeeping and monitoring. 

If a general permit has been issued by the secretary, all sources covered by the general 

permit shall apply for permission to operate under the general permit. Such sources may not 

construct or operate until they are granted coverage under the general permit, or until they obtain 

an individual permit if required by the secretary. 

Source: 30 SDR 26, effective September 1, 2003. 

General Authority: SDCL 34A-1-21. 

Law Implemented: SDCL 34A-1-56. 

Note: The procedural requirements for obtaining a general permit under this chapter are 

similar to the procedural requirements for a Part 70 source, such as a timely and complete 

application, completeness review, public participation, and departmental recommendation, as 

outlined in§§ 74:36:05:08 to 74:36:05:23, inclusive. 

74:36:05:52. Secretary may require an individual permit. The secretary may require 

any source applying for a general permit or operating under a general permit to apply for and 

obtain an individual air quality permit. Individual air quality permits may be required at the 

discretion of the secretary, including under the following circumstances; 

114 

• 

• 

• 
• 

• 

• 

(1) The owner or operator is not in compliance with the conditions of its existing 

individual air permit prior to applying for the general permit; or 

(2) The owner or operator is not in compliance with the conditions of the general permit. 

Source: 30 SDR 26, effective September 1, 2003. 

General Authority: SDCL 34A-1-21. 

Law Implemented: SDCL 34A-1-56. 

Section 

74:36:06:01 

74:36:06:02 

74:36:06:03 

74:36:06:04 

74:36:06:05 

74:36:06:06 

74:36:06:07 

CHAPTER 74:36:06 

REGULATED AIR POLLUTANT EMISSIONS 

Applicability. 

Allowable emissions for fuel-burning units. 

Allowable emissions for process industry units. 

Particulate emission restrictions for incinerators and waste wood burners. 

Most stringent interpretation applicable. 

Stack performance test. 

Open burning practices prohibited. 

115 
74:36:06:01. Applicability. Any unit required to be permitted under this article must 

comply with the standards and requirements in this chapter except as otherwise specified in 

chapter 74:36:07, 74:36:08, 74:36:09, 74:36:10, or 74:36:16. 

Source: SL 1975, ch 16, § 1; transferred from§ 34:10:07:01, 7 SDR 4, effective July 27, 

1980; transferred from§ 44:10:07:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from § 74:26:07:01, 19 SDR 157, effective April 22, 1993; 21 SDR 

119, effective January 5, 1995. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-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 of the following regulated air pollutants 

from the combustion of solid, gaseous, or liquid fuels that exceed the following allowable 

emissions limits that apply to the fuel-burning unit: 

(1) Particulate matter: 

(a) A fuel-burning unit with heat input values less than 10 million Btus per hour may 

not exceed .6 pounds of particulate matter per million Btus of heat input; and 

116 

• 

• 

• 
• (b) A fuel-burning unit with a heat input equal to or greater than 10 million Btus per 

hour may not exceed the particulate emissions rate determined by the following equation: 

E = 0.811 H-0·131, where 

E = the allowable particulate emissions rate in pounds per million Btus of heat 

input and 

H = heat input in millions of Btus per hour; 

(2) Sulfur dioxide: A fuel-burning unit may not emit sulfur dioxide emissions to the 

• ambient air in an amount greater than three pounds of sulfur dioxide per million Btus of heat 

input to the unit based on a three-hour rolling average, which is the arithmetic average of three 

• 

contiguous one-hour periods. 

Source: SL 1975, ch 16, § 1; transferred from§ 34:10:07:03, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:07:03, effective July 1, 1981; 11 SDR 151, effective May 12, 

1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:06:02.01 and 74:26:07:03, 

19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, 

effective April4, 1999. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-6. 

117 
74:36:06:03. Allowable emissions for process industry units. An owner or operator who 

operates a process industry unit may not cause or permit emissions of the following regulated air 

pollutants from any unit in excess of the amount expressed in the equation allocated to the unit 

listed in this section: 

(1) Particulate matter: 

(a) The allowable particulate emissions rate for process industry units with process 

weight rates up to 60,000 pounds per hour shall be determined by use of the following equation: 

E = 4.10 x P0

"

67, and 

(b) The allowable particulate emissions rate for process industry units with process 

weight rates in excess of 60,000 pounds per hour shall be determined by use of the following 

equation: 

E = [55.0 x P0

"

11] - 40, where 

E = the rate of emission in pounds per hour and 

P = process weight rate in tons per hour; 

118 

• 

• 

• 
• 

• 

• 

(2) Sulfur dioxide: A process unit which uses combustible fuel may not emit sulfur 

dioxide emissions to the ambient air in an amount greater than three pounds of sulfur dioxide per 

million Btus of heat input to the unit based on a three-hour rolling average, which is the 

arithmetic average of three contiguous one-hour periods. 

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 of a density greater than that designated as 20 percent opacity. No 

other emission limits apply to these sources except those in chapters 74:36:07 and 74:36:08. 

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

§ 34:10:06:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:06:01, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 

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. 

Law Implemented: SDCL 34A-1-6. 

74:36:06:05. Most stringent interpretation applicable. If the nature of any unit or the 

design of any equipment permits more than one interpretation of the limits of this chapter, the 

interpretation that results in the most stringent value for the allowable emissions shall apply. 

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

§ 34:10:06:10,7 SDR 4, effective July 27, 1980; transferred from§ 44:10:06:07, effective July 1, 

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

transferred from§ 74:26:06:07, 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-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 of an existing source with the potential to emit any of the 

regulated pollutants greater than 100 tons per year shall conduct a stack performance test to 

determine compliance with the applicable standard; 

120 

• 

• 
• 

• 

• 

(2) A unit that emits any regulated pollutants may be required to conduct a stack 

performance test to determine compliance with all applicable emission standards upon renewal of 

a permit to operate or at the discretion of the secretary. 

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

§ 34:10:05:02, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:05:02, effective July 1, 

1981; 13 SDR 129,13 SDR 141, effective July 1, 1987; transferred from§ 74:26:05:02,19 SDR 

157, effective April22, 1993; 31 SDR 101, effective January 2, 2005. 

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

Law Implemented: SDCL 34A-1-12 . 

74:36:06:07. Open burning practices prohibited. The following open burning practices 

are prohibited: 

(1) A person may not bum waste oils, rubber, waste tires, tarpaper, or asphalt shingles. For 

the purposes of this subdivision, waste oil means any oil that has been refined from crude oil, 

used, or contaminated by physical or chemical impurities. An exception for crude oil is allowed 

as a remediation alternative for soils contaminated with crude oil if a person submits the 

information requested in§ 74:10:05:11.04 and the secretary approves the alternative remediation 

process; 

121 
(2) A municipality or county governmental agency may not bum municipal solid waste • 

unless exempted by the small town exemption in accordance with§ 74:27:12:25; 

(3) A person may not conduct or permit the operation of a salvage operation by open 

burning, except as allowed in article 74:27; and 

(4) A person may not bum railroad ties or wood treated with inorganic arsenicals, 

pentacholorophenol, or creosols. 

Open burning of any other material must be conducted in accordance with all applicable 

local ordinances and state laws and rules. 

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

§§ 34:10:04:02 and 34:10:04:08, 7 SDR 4, effective July 27, 1980; transferred from 

§§ 44:10:04:02 and 44:10:04:08, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:04:02 and 74:26:04:08, 

19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; transferred from 

§ 74:36:15:01, 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 34A-1-18. 

Cross-References: Promulgation of rules -- Factors for consideration -- Scope -- Open 

burning, SDCL 34A-6-1.6; Open burning restrictions,§ 74:27:13:11. 

122 

• 

• 
• 

• 

• 

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 

CHAPTER 74:36:07 

NEWSOURCEPERFORMANCESTANDARDS 

New source performance standards. 

Standards of performance for fossil fuel-fired steam generators. 

Standards of performance for electric utility steam generators. 

Standards of performance for industrial, commercial, and institutional steam 

generating units. 

Standards of performance for small industrial, commercial, and institutional 

steam generating units. 

Standards of performance for incinerators. 

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

constructed on or before June 20, 1996. 

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

which construction is commenced after June 20, 1996. 

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

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

20, 1994 . 

74:36:07:08 Ash disposal requirements. 

123 
74:36:07:09 

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 of performance for portland cement plants. 

Standards of performance for asphalt concrete plants. 

Repealed. 

Standards of performance for storage vessels of petroleum liquids constructed 

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

Standards of performance for storage vessels of petroleum liquids constructed 

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

Standards of performance for volatile organic liquid storage vessels (including 

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

modification commenced after July 23, 1984. 

Standards of performance for sewage treatment plants. 

Standards of performance for coal preparation plants. 

Standards of performance for grain elevators. 

Standards of performance for stationary gas turbines. 

Standards of performance for lime manufacturing plants. 

Standards of performance for metallic mineral processing plants. 

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

operations. 

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

chemicals manufacturing industry. 

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

chemicals manufacturing industry for which construction, reconstruction. or 

modification commenced after November 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 of performance for bulk gasoline terminals. 

Standards of performance for new residential wood heaters. 

Standards of performance for petroleum dry cleaners. 

Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations. 

Standards of performance for nonmetallic mineral processing plants. 

Standards of performance for magnetic tape coating facilities. 

Operating requirements for wire reclamation furnaces. 

Monitoring requirements for wire reclamation furnaces. 

Standards of performance for graphic arts industry -- Publication rotogravure 

printing . 

Standards of performance for volatile organic compound emissions from 

synthetic organic chemical manufacturing industry (SOCMI) reactor 

processes. 

Standards of performance for calciners and dryers in mineral industries. 

Existing municipal solid waste landfill. 

Plan submittal by existing municipal solid waste landfills. 

Collection system. 

Control system. 

Compliance schedule for existing municipal solid waste landfills. 

Existing municipal solid waste landfill operational standards for collection and 

control systems . 

Existing municipal solid waste landfill compliance provisions. 

125 
74:36:07:41 Existing municipal solid waste landfill monitoring provisions. 

74:36:07:42 Existing municipal solid waste landfill reporting and recordkeeping. 

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

74:36:07:43 

74:36:07:44 

74:36:07:45 

74:36:07:46 

Standards of performance for new municipal solid waste landfills. 

Standards of performance for nitric acid plants. 

Standards of performance for sulfuric acid plants. 

Standards of performance for petroleum refineries. 

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

reconstruction, or modification 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 of performance for secondary lead smelters. 

Standards of performance for secondary brass and bronze production plants. 

Standards of performance for primary emissions from basic oxygen process 

furnaces for which construction commenced after June 11, 1973. 

Standards of performance for secondary emissions from basic oxygen process 

steelmaking facilities for which construction commenced after January 20, 

1983. 

Standards of performance for primary copper smelter. 

Standards of performance for primary zinc smelter. 

Standards of performance for primary lead smelter. 

Standards of performance for primary aluminum reduction plant. 

Standards of performance for wet-process phosphoric acid plant. 

Standards of performance for superphosphoric acid plant. 

Standards of performance for dianunonium phosphate plant. 

126 

• 

• 

• 
• 

• 

• 

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 of performance for triple superphosphate plant. 

Standards of performance for granular triple superphosphate storage facility. 

Standards of performance for ferroalloy production plant. 

Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. 

Standards of performance for kraft pulp mills. 

Standards of performance for glass manufacturing plant. 

Standards of performance for surface coating of metal furniture. 

Standards of performance for lead-acid battery manufacturing plant. 

Standards of performance for automobile and light duty truck surface coating 

operations . 

Standards of performance for phosphate rock plants. 

Standards of performance for ammonium sulfate manufacture. 

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

Standards of performance for metal coil surface coating. 

Standards of performance for asphalt processing and asphalt roofing 

manufacture. 

Standards of performance for beverage can surface coating industry. 

Standards of performance for rubber tire manufacturing industry. 

Standards of performance for volatile organic compound emissions from 

polymer manufacturing industry. 

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

Standards of performance for equipment leaks ofVOC in petroleum refineries. 

127 
74:36:07:76.01 Standards of performance for equipment leaks ofVOC in petroleum refineries. • 

74:36:07:77 Standards of performance for synthetic fiber production facility. 

74:36:07:78 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry air oxidation unit process. 

74:36:07:79 Standards of performance for equipment leaks ofVOC from onshore natural gas 

processing plant. 

74:36:07:80 Standards of performance for onshore natural gas processing. 

74:36:07:81 Standards of performance for wool fiberglass insulation manufacturing plant. 

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 

plastic parts for business machines. 

74:36:07:84 Standards of performance for polymeric coating of supporting substrates facility. • 

74:36:07:85 Standards of performance for small municipal waste combustion units for which 

construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001. 

74:36:07:86 Standards of performance for commercial and industrial solid waste incineration 

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

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

74:36:07:87 Standards of performance for other solid waste incineration units for which 

construction commenced after December 9, 2004, or modification or 

reconstruction commenced on or after June 16, 2006. 

• 

128 
• 74:36:07:88 

74:36:07:89 

74:36:07:90 

Standards of performance for stationary compression ignition internal 

combustion engines. 

Standards of performance for stationary combustion turbines. 

Standards of performance for stationary spark ignition internal combustion 

engines. 

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 of the Environmental Protection Agency and the 

secretary ef the 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, effective June 13,2007. 

General Authority: 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 of performance for fossil 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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

to 60.49Da, inclusive, (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, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

130 

• 

• 
• 

• 

• 

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

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

institutional steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (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 a Part 70 operating permit, provided the source bums 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 in 40 C.F.R. §§ 60.40c to 60.48c (July 1, 2009) . 

131 
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 • 

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

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

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

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

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, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:06.01. Standards of performance for 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). • 

132 
• 

• 

• 

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

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

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

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

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

hospital/medical/infectious waste incinerators. 

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

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

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

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

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

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

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

state plan approval; 

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

within 2 years after state plan approval; 

133 
(4) Complete installation of the air pollution control device within 30 months after state • 

plan approval; and 

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

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 comply with 

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

September 15, 2002, whichever is earlier. 

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

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

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

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

are those in 40 C.F.R. §§ 60.50c to 60.58c (Jaly 1, 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, effective June 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 of performance 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 SDR 90, effective November 24, 1991; transferred from§ 74:26:26:01, 19 SDR 157, effective 

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

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

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

13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

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

• in 40 C.P.R.§§ 60.50b to 60.59b, inclusive, (July 1, 2006 July 1, 2009). 

135 
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-l-18. 

74:36:07:08. Ash disposal requirements. All ash generated at a municipal waste 

combustor must be disposed of in accordance 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. 

Law Implemented: SDCL 34A-1-18. 

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

performance for portland cement plants are those in 40 C.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, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

performance for asphalt concrete plants are those in 40 C.F.R. §§ 60.90 to 60.93, inclusive, (J:Wy 

1, 200€i July 1. 2009). 

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

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

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

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

• 

217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:11. Additional permit requirements for asphalt plauts. 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 of performance for 

storage vessels of petroleum 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 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. §§ 60.110 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

storage vessels of petroleum 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 

139 
sources 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, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:15. Standards of performance for sewage treatment plants. The standards of • 

performance for sewage treatment plants are those in 40 C.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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

140 

• 
• 

• 

• 

74:36:07:16. Standards of performance for coal preparation plants. The standards of 

performance for coal preparation plants are those in 40 C.P.R. §§ 60.250 to 60.254, inclusive, 

(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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:07:17. Standards of performance for grain elevators. The standards of 

performance for grain elevators are those in 40 C.P.R. §§ 60.300 to 60.304, inclusive, (Jlily 1, 

~ July 1, 2009). A source subject to this subpart is 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. §§ 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 

141 
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-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 • 

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

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:19. Standards of performance for lime manufacturing plants. The standards 

. of performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, 

inclusive, (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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:20. Standards of performance for metallic mineral processing plants. The 

standards of performance for metallic mineral processing plants are those in 40 C.F.R. §§ 60.380 

to 60.386, inclusive, (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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:21. Standards of performance for pressure-sensitive tape and label surface 

coating operations. The standards of performance for pressure-sensitive tape and label surface 

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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic 

organic chemicals manufacturing industry. The standards of performance for equipment leaks 

of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R . 

§§ 60.480 to 60.489, inclusive, (July 1, 2006 July 1, 2009). 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 

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

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

13, 2006; 33 SDR 217, 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 in 40 C.P.R. § Subpart VVa (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:23. Standards of performance 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 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. 

74:36:07:24. Standards of performance for new residential wood heaters. The 

standards of performance for new residential wood heaters are those in 40 C.P.R. §§ 60.530 to 

60.539b, inclusive, (Jaly 1, 2006 July 1, 2009) . 

145 
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 • 

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

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

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of 

performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, 

(July I, 2006 July I. 2009). A source subject to this subpart is 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.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. 

General Authority: 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, 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-1-18 . 

74:36:07:27. Standards of performance for nonmetallic mineral processing plants. 

The standards of performance for nonmetallic mineral processing plants are those in 40 C.P.R. 

§§ 60.670 to 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 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6 . 

Law Implemented: SDCL 34A-l-18. 

147 
74:36:07:28. Standards of performance for magnetic tape coating facilities. The 

standards of performance for magnetic tape coating facilities are those in 40 C.F.R. §§ 60.710 to 

60.718, inclusive, (July 1, 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 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. 

74:36:07:29. Operating requirements for wire reclamation furnaces. New wire 

reclamation furnaces shall be equipped with a secondary chamber or afterburner which provides 

for turbulent mixing and a two-second residence time at 2200 degrees Fahrenheit or 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 at required levels until waste is completely combusted. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

148 

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• 

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• 

• 

• 

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 must have an accuracy of plus or minus 25 

degrees Fahrenheit. Flames from the burners may not 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 of performance 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, effective June 13, 2006; 33 SDR 217, effective June 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€i July 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 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:33. Standards of performance for calciners and dryers in mineral • 

industries. The standards of performance for calciners and dryers in mineral industries are those 

in 40 C.F.R. §§ 60.730 to 60.736, inclusive, (July 1, 200€i July 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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

150 
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• 

• 

74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an 

existing municipal solid waste landfill that meets the following conditions shall comply with 

§§ 74:36:07:35 to 74:36:07:42, inclusive: 

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional 

design capacity available for future waste deposition; 

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 

2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or cubic 

meters. Density conversions must be documented and submitted with the report; and 

(3) The landfill has a nonmethane organic compound emission rate of 50 megagrams a year 

or more. The calculation of the landfill nonmethane organic compound emission rate must meet 

the requirements of 40 C.P.R. § 60.754 (Jwy 1, 2006 July 1, 2009), to determine the landfill 

nonmethane organic compound emission rate. 

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 . 

151 
74:36:07:35. 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:36. Collection system. The department shall approve the collection and control 

system plan if it is equivalent to or meets the conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) 

(J1:1ly 1, 2006 July l, 2009), and the control requirements in§ 74:36:07:37. 

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

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

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

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

152 

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• 
• 74:36:07:37. Control system. The department shall approve the control system if it is 

equivalent to or meets one of the 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 percent by weight; or 

(3) An enclosed combustor designed and operated to either reduce nonmethane organic 

compounds by 98 percent by weight or the outlet nonmethane organic compound concentration 

·• to 20 parts per million as hexane by volume, dry basis at three percent oxygen, or less. 

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

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

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:38. Compliance schedule for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 must meet the following compliance dates: 

• 

153 
(1) Award contracts within 15 months of the first annual report showing the nonmethane • 

organic compound emissions equal or exceed 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:39. Existing municipal solid waste landfill operational standards for 

collection and control systems. The owner or operator of an existing municipal solid waste 

landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for 

collection and control systems in 40 C.F.R. § 60.753 (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 monitoring provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the monitoring provisions in 40 C.F.R. § 60.756 (fuly 1, 2006 July 1, 

2009) . 

• 

155 
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; • 

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

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

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping. 

The owner or operator of an existing municipal solid waste landfill that meets the requirements 

of§ 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound 

emission rate report within 90 days of the effective date of EPA's approval of the state's § 111 (d) 

156 

• 

• 
• plan required in the Clean Air Act and annually or every 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, 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18 

74:36:07:43. 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, or modification for purposes of this 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. 

General Authority: SDCL 34A-1-6 . 

• Law Implemented: SDCL 34A-1-18. 

157