General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:80. Standards of performance for onshore natural gas processing. The 

standards of performance for onshore natural gas processing are those in 40 C.F.R. §§ 60.640 to 

60.648, inclusive, (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing 

plant. The standards of performance for wool fiberglass insulation manufacturing plants are those 

in 40 C.F.R. §§ 60.680 to 60.685, inclusive, (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:82. Standards of performance for VOC emissions from petroleum refinery 

wastewater system. The standards of performance for petroleum refinery wastewater systems are 

those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:83. Standards of performance for industrial surface coating -- Surface 

coating of plastic parts for business machines. The standards of performance for the surface 

coating of plastic parts for business machines are those in 40 C.F.R. §§ 60.720 to 60.726, 

inclusive, (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:84. Standards of performance for polymeric coating of supporting substrates 

facility. The standards of performance for polymeric coating of supporting substrates facilities are 

those in 40 C.F.R. §§ 60.740 to 60.748, inclusive, (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:85. Standards of performance for small municipal waste combustion units for 

which construction commenced after August 30, 1999, or modification or reconstruction 

commenced after June 6, 2001. The standards of performance for small municipal waste 

combustion units are those in 40 C.F.R. § 60, Subpart AAAA (July 1, 2009), 
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:86. Standards of performance for commercial or industrial solid waste 

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

modification or reconstruction commenced on or after June 1, 2001. The standards of 

performance for commercial solid waste incineration units are those in 40 C.P.R. § 60, Subpart 

ecce (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:87. Standards of performance for other solid waste incineration units for 

which construction commenced after December 9, 2004, or modification or reconstruction 

commenced on or after June 16, 2006. The standards of performance for other solid waste 

incineration units are those in 40 C.P.R. § 60, Subpart EEEE (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:88. Standards of performance for stationary compression ignition internal 

combustion engines. The standards of performance for stationary compression ignition internal 

combustion engines are those in 40 C.P.R. § 60, Subpart IIII (July 1, 2009). A source subject to 

Subpart IIII is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

IIII. Exempted sources must still meet the applicable requirements in Subpart IIII. 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:89. Standards of performance for stationary combustion turbines. The 

standards of performance for stationary combustion turbines are those in 40 C.P.R. §§ 60.4300 to 

60.4420, inclusive, (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:90. Standards of performance for stationary spark ignition internal 

combustion engines. The standards of performance for stationary spark combustion engines are 

those in 40 C.P.R. § 60, Subpart JJJJ (July 1, 2009). A source subject to Subpart JJJJ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 
70 operating permit for a reason other than the source is subject to Subpart JJJJ. Exempted sources 

must still meet the applicable requirements in Subpart JJJJ. 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:08 

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

Section 

74:36:08:00 

74:36:08:01 

74:36:08:02 

74:36:08:02.01 

74:36:08:02.02 

74:36:08:02.03 

74:36:08:02.04 

74:36:08:03 

74:36:08:03.01 

74:36:08:04 

74:36:08:05 

74:36:08:06 

74:36:08:07 

74:36:08:08 

74:36:08:09 

74:36:08:10 

74:36:08:11 

74:36:08:12 

74:36:08:13 

74:36:08:14 

74:36:08:15 

74:36:08:16 

74:36:08:17 

74:36:08:18 

74:36:08:19 

Administrator defined. 

General provisions-- National emission standards for hazardous air pollutants. 

Emission standards for asbestos air pollutants. 

Emission standards for equipment leaks (fugitive emission sources) of benzene. 

Emission standards for benzene emissions from benzene storage vessels. 

Emission standards for benzene emissions from benzene transfer operations. 

Emission standards for benzene waste operations. 

General provisions --National emission standards for hazardous air pollutants for 

source categories. 

Requirements for control technology determinations for major sources m 

accordance with Clean Air Act sections 112(g) and 112(j). 

National perchloroethylene air emission standards for dry cleaning facilities. 

National emission standards for organic hazardous air pollutants from the 

synthetic organic chemical manufacturing industry. 

National emission standards for organic hazardous air pollutants from synthetic 

organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater. 

National emission standards for organic hazardous air pollutants for equipment 

leaks. 

National emission standards for organic hazardous air pollutants for certain 

processes subject to negotiated regulations for equipment leaks. 

National emission standards for chromium emissions from hard and decorative 

chromium electroplating and chromium anodizing tanks. 

National emission standards for ethylene oxide emissions from sterilization 

facilities. 

National emission standards for industrial process cooling towers. 

National emission standards for gasoline distribution facilities (bulk gasoline 

terminals and pipeline breakout stations). 

National emission standards for halogenated solvent cleaning. 

National emission standards for wood furniture manufacturing operations. 

National emission standards for aerospace manufacturing. 

National emission standards for tanks. 

National emission standards for containers. 

National emission standards for surface impoundments. 

National emission standards for individual drain systems. 
74:36:08:20 

74:36:08:20.01 

74:36:08:20.02 

74:36:08:21 

74:36:08:22 

74:36:08:23 

74:36:08:24 

74:36:08:25 

74:36:08:26 

74:36:08:27 

74:36:08:28 

74:36:08:29 

74:36:08:30 

74:36:08:31 

74:36:08:32 

74:36:08:33 

74:36:08:34 

74:36:08:35 

74:36:08:36 

74:36:08:37 

74:36:08:38 

74:36:08:39 

74:36:08:40 

74:36:08:41 

74:36:08:42 

74:36:08:43 

74:36:08:44 

74:36:08:45 

74:36:08:46 

74:36:08:47 

74:36:08:48 

74:36:08:49 

74:36:08:50 

74:36:08:51 

74:36:08:52 

74:36:08:53 

74:36:08:54 

74:36:08:55 

National emission standards for oil-water separators and organic-water separators. 

National emission standards for closed vent systems, control devices, recovery 

devices, and routing to a fuel gas system or a process. 

National emission standards for equipment leaks. 

National emission standards for hazardous air pollutants from the portland cement 

manufacturing industry. 

National emission standards for hazardous air pollutants for pesticide active 

ingredient production. 

National emission standards for the printing and publishing industry. 

National emission standards for oil and natural gas production facilities. 

National emission standards for natural gas transmission and storage facilities. 

National emission standards for secondary aluminum production. 

National emission standards for publicly owned treatment works. 

National emission standards for solvent extraction for vegetable oil production. 

National emission standards for paper and other web coating. 

National emission standards for municipal solid waste landfills. 

National emission standards for surface coating of metal furniture. 

National emission standards for integrated iron and steel manufacturing facilities. 

National emission standards for brick and structural clay products manufacturing. 

National emission standards for asphalt processing and asphalt roofing 

manufacturing. 

National emission standards for flexible polyurethane foam fabrication operations. 

National emission standards for engine test cells/stands. 

National emission standards for surface coating of miscellaneous metal parts and 

products. 

National emission standards for reinforced plastic composites production. 

National emission standards for stationary combustion turbines. 

National emission standards for stationary reciprocating internal combustion 

engmes. 

National emission standards for industrial, commercial, and institutional boilers 

and process heaters. 

National emission standards for polyvinyl chloride and copolymers production. 

National emission standards for coke oven batteries. 

National emission standards for pulp and paper industry. 

National emission standards for group I polymers and resins. 

National emission standards for epoxy resins production and non-nylon 

polyamides production. 

National emission standards for secondary lead smelting. 

National emission standards for phosphoric acid manufacturing plants. 

National emission standards for phosphate fertilizers production plants. 

National emission standards for petroleum refineries. 

National emission standards for off-site waste and recovery operations. 

National emission standards for magnetic tape manufacturing operations. 

National emission standards for primary aluminum reduction plants. 

National emission standards for chemical recovery combustion sources at kraft, 

soda, sulfite, and stand-alone semichemical pulp mills. 

National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations. 
74:36:08:56 

74:36:08:57 

74:36:08:58 

74:36:08:59 

74:36:08:60 

74:36:08:61 

74:36:08:62 

74:36:08:63 

74:36:08:64 

74:36:08:65 

74:36:08:66 

74:36:08:67 

74:36:08:68 

74:36:08:69 

74:36:08:70 

74:36:08:71 

74:36:08:72 

74:36:08:73 

74:36:08:74 

74:36:08:75 

74:36:08:76 

74:36:08:77 

74:36:08:78 

74:36:08:79 

74:36:08:80 

74:36:08:81 

74:36:08:82 

74:36:08:83 

74:36:08:84 

74:36:08:85 

74:36:08:86 

74:36:08:87 

74:36:08:88 

74:36:08:89 

74:36:08:90 

74:36:08:91 

74:36:08:92 

74:36:08:93 

74:36:08:94 

74:36:08:95 

74:36:08:96 

74:36:08:97 

Generic maximum achievable control technology standards. 

National emission standards for steel pickling -- HC1 process facilities and 

hydrochloric acid regeneration plants. 

National emission standards for mineral wool production. 

National emission standards for hazardous waste combustors. 

National emission standards for pharmaceutical production. 

National emission standards for group IV polymers and resins. 

National emission standards for wool fiberglass production. 

National emission standards for manufacture of amino/phenolic resins. 

National emission standards for polyether polyols production. 

National emission standards for primary copper smelting. 

National emission standards for primary lead smelting. 

National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units. 

National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese. 

National emission standards for the manufacture of nutritional yeast. 

National emission standards for plywood and composite wood products. 

National emission standards for non-gasoline organic liquids distribution. 

National emission standards for miscellaneous organic chemical manufacturing. 

National emission standards for wet-formed fiberglass mat production. 

National emission standards for surface coating of automobiles and light duty 

trucks. 

National emission standards for surface coating of metal cans. 

National emission standards for surface coating of large appliances. 

National emission standards for printing, coating, and dyeing of fabrics and other 

textiles. 

National emission standards for surface coating of plastic parts and products. 

National emission standards for surface coating of wood building products. 

National emission standards for surface coating of metal coil. 

National emission standards for leather finishing operations. 

National emission standards for cellulose products manufacturing. 

National emission standards for boat manufacturing. 

National emission standards for rubber tire manufacturing. 

National emission standards for lime manufacturing plants. 

National emission standards for semiconductor manufacturing. 

National emission standards for coke ovens -- Pushing, quenching, and battery 

stacks. 

National emission standards for iron and steel foundries. 

National emission standards for site remediation. 

National emission standards for miscellaneous coating manufacturing. 

National emission standards for mercury cell chlor-alkali plants. 

National emission standards for clay ceramics manufacturing. 

National emission standards for flexible polyurethane foam production. 

National emission standards for hydrochloric acid production. 

National emission standards for friction materials manufacturing facilities. 

National emission standards for taconite iron ore processing. 

National emission standards for refractory products manufacturing. 
74:36:08:98 

74:36:08:99 

74:36:08:100 

74:36:08:101 

74:36:08:102 

74:36:08:103 

74:36:08:104 

74:36:08:105 

74:36:08:106 

74:36:08:107 

74:36:08:108 

74:36:08:109 

74:36:08:110 

74:36:08:111 

74:36:08:112 

74:36:08:113 

74:36:08:114 

74:36:08:115 

74:36:08:116 

74:36:08:117 

74:36:08:118 

74:36:08:119 

74:36:08:120 

74:36:08:121 

National emission standards for primary magnesium refining. 

National emission standards for polyvinyl chloride and copolymers production 

area sources. 

National emission standards for primary copper smelting area sources. 

National emission standards for secondary copper smelting area sources. 

National emission standards for primary nonferrous metals area sources -- Zinc, 

cadmium, and beryllium. 

National emission standards for hospital ethylene oxide sterilizers. 

National emission standards for electric arc furnace steelmaking facility area 

sources. 

National emission standards for iron and steel foundry area sources. 

National emission standards for gasoline distribution bulk terminals, bulk plants, 

and pipeline facilities. 

National emission standards for gasoline dispensing facilities. 

National emission standards for paint stripping and miscellaneous surface coating 

area sources. 

National emission standards for acrylic and modacrylic fiber production area 

sources. 

National emission standards for carbon black production area sources. 

National emission standards for chemical manufacturing area sources --

Chromium compounds. 

National emission standards for flexible polyurethane foam production and 

fabrication area sources. 

National emission standards for lead acid battery manufacturing area sources. 

National emission standards for wood preserving area sources. 

National emission standards for clay ceramic manufacturing area sources. 

National emission standards for glass manufacturing area sources. 

National emission standards for secondary nonferrous metal processing area 

sources. 

National emission standards for plating and polishing area sources. 

National emission standards for nine metal fabrication and finishing area sources. 

National emission standards for ferroalloys production area sources. 

National emission standards for aluminum, copper, and other nonferrous foundry 

area sources. 

74:36:08:00. Administrator defined. For the purposes of this chapter, "administrator" 

means the secretary, except for those authorities which cannot be delegated to the state, in which 

case "administrator" means both the administrator of EPA and the secretary. 

Source: 19 SDR 157, effective April22, 1993; transferred from§ 74:36:08:01,21 SDR 119, 

effective January 5, 1995. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-19. 

74:36:08:01. General provisions -- National emiSSIOn standards for hazardous air 

pollutants. The general provisions for the national emission standards for hazardous air pollutants 

are those in 40 C.F.R. § 61, Subpart A (July 1, 2009). 
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, 

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

2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:02. Emission standards for asbestos air pollutants. The emission standards for 

asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M (July 1, 2009). 

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 95, 

effective December 2, 1991; transferred from § 74:26:22:02, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 

123, effective April4, 1999; 26 SDR 168, effective July 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; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources) of 

benzene. The emission standards for equipment leaks of benzene are those in 40 C.F.R. § 61 

Subpart J (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.02. Emission standards for benzene emissiOns from benzene storage 

vessels. The emission standards for benzene emissions from benzene storage vessels are those in 

40 C.F.R. § 61, Subpart Y (July 1, 2009). 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer 

operations. The emission standards for benzene emissions from benzene transfer operations are 

those in 40 C.F.R. § 61, Subpart BB (July 1, 2009). 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 
74:36:08:02.04. Emission standards for benzene waste operations. The em1ss10n 

standards for benzene waste operations equipment leaks of benzene are those in 40 C.F.R. § 61, 

Subpart FF (July 1, 2009). 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:03. General provisions -- National emiSSion standards for hazardous air 

pollutants for source categories. The general provisions for the national emission standards for 

hazardous air pollutants for source categories are those in 40 C.F.R. § 63 Subpart A (July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

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

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 

33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:03.01. Requirements for control technology determinations for major sources 

in accordance with Clean Air Act sections 112(g) and 112U). The provisions for control 

technology determinations for major sources in accordance with Clean Air Act sections 112(g) and 

112(j) are those in 40 C.F.R. § 63, Subpart B (July 1, 2009). 

Source: 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; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:04. National perchloroethylene air emiSSion standards for dry cleaning 

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are those 

in 40 C.F.R. § 63, Subpart M (July 1, 2009). A source that operates a unit subject to Subpart M is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart M. 

Exempted sources must still meet the applicable requirements in Subpart M. 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

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

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 

33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

Cross-Reference: Complete application,§ 74:36:05:09. 

74:36:08:05. National emission standards for organic hazardous air pollutants from 

the synthetic organic chemical manufacturing industry. The national emission standards for 
organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are 

those in 40 C.P.R.§ 63, Subpart P (July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 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; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:06. National emission standards for organic hazardous air pollutants from 

synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

operations, and wastewater. The national emission standards for organic hazardous air pollutants 

from synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

operations, and wastewater are those in 40 C.P.R. § 63, Subpart G (July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 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; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:07. National emission standards for organic hazardous air pollutants for 

equipment leaks. The national emission standards for organic hazardous air pollutants for 

equipment leaks are those in 40 C.P.R.§ 63, Subpart H (July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

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

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 

33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

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

certain processes subject to negotiated regulations for equipment leaks. The national emission 

standards for organic hazardous air pollutants for certain processes subject to the negotiated 

regulations for equipment leaks are those in 40 C.P.R. § 63, Subpart I (July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 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; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:09. National emission standards for chromium emissiOns from hard and 

decorative chromium electroplating and chromium anodizing tanks. The national emission 
standards for hard and decorative chromium electroplating and chromium anodizing tanks are 

those in 40 C.F.R. § 63, Subpart N (July 1, 2009). An area source that operates a unit subject to 

Subpart N is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

N. Exempted sources must still meet the applicable requirements in Subpart N. 

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; 36 

SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

Cross-Reference: Operating permits for part 70 sources, § 74:36:05. 

74:36:08:10. National emission standards for ethylene oxide emissions from 

sterilization facilities. The national emission standards for ethylene oxide from sterilization 

facilities are those in 40 C.F.R. § 63, Subpart 0 (July 1, 2009). A source that operates a unit 

subject to Subpart 0 is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart 0. Exempted sources must still meet the applicable requirements in Subpart 0. 

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; 36 

SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:11. National emission standards for industrial process cooling towers. The 

national emission standards for industrial process cooling towers are those in 40 C.F.R. § 63, 

Subpart Q (July 1, 2009). A source that operates a unit subject to Subpart Q is exempt from the 

obligations to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart Q. Exempted sources must 

still meet the applicable requirements in Subpart Q. 

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; 36 

SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:12. National emission standards for gasoline distribution facilities (bulk 

gasoline terminals and pipeline breakout stations). The national emission standards for gasoline 

distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those in 40 

C.F.R. § 63, Subpart R (July 1, 2009). 
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 30 

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

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:13. National emission standards for halogenated solvent cleaning. The 

national emission standards for halogenated solvent cleaning are those in 40 C.F.R. § 63, Subpart 

T (July 1, 2009). An area source that operates a unit subject to Subpart T is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart T. Exempted sources must 

still meet the applicable requirements in Subpart T. 

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; 36 

SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:14. National emission standards for wood furniture manufacturing 

operations. The national emission standards for wood furniture manufacturing operations are 

those in 40 C.F.R. § 63, Subpart JJ (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; 36 

SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:15. National emission standards for aerospace manufacturing. The national 

emission standards for aerospace manufacturing are those in 40 C.F.R. § 63, Subpart GG (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; 36 

SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:16. National emission standards for tanks. The national emission standards for 

tanks -- level 1 are those in 40 C.F.R. § 63, Subpart 00 (July 1, 2009). The national emission 

standards for tanks-- level 2 are those in 40 C.F.R. § 63, Subpart 00 (July 1, 2009). 
Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

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

June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:17. National emission standards for containers. The national emission 

standards for containers are those in 40 C.P.R. § 63, Subpart PP (July 1, 2009). 

Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

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

June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:18. National emission standards for surface impoundments. The national 

emission standards for surface impoundments are those in 40 C.P.R. § 63, Subpart QQ (July 1, 

2009). 

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

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

June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:19. National emission standards for individual drain systems. The national 

emission standards for individual drain systems are those in 40 C.P.R. § 63, Subpart RR (July 1, 

2009). 

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

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

June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:20. National emission standards for oil-water separators and organic-water 

separators. The national emission standards for oil-water separators and organic-water separators 

are those in 40 C.P.R.§ 63, Subpart VV (July 1, 2009). 

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

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

June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:20.01. National emission standards for closed vent systems, control devices, 

recovery devices, and routing to a fuel gas system or a process. The national emission standards 
for closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a 

process are those in 40 C.F.R. § 63, Subpart SS (July 1, 2009). 

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

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:20.02. National emission standards for equipment leaks. The national emission 

standards for equipment leaks -- control level 1 are those in 40 C.F.R. § 63, Subpart TT (July 1, 

2009). The national emission standards for equipment leaks -- control level 2 are those in 40 

C.F.R. § 63, Subpart UU (July 1, 2009). 

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

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:21. National emission standards for hazardous air pollutants from the 

portland cement manufacturing industry. The national emission standards for the portland 

cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (July 1, 2009). 

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

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

June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:22. National emission standards for hazardous air pollutants for pesticide 

active ingredient production. The national emission standards for pesticide active ingredient 

production are those in 40 C.F.R. § 63, Subpart MMM (July 1, 2009). 

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

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

June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:23. National emission standards for the printing and publishing industry. The 

national emission standards for the printing and publishing industry are those in 40 C.F.R. § 63, 

Subpart KK (July 1, 2009). 

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

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

June 13, 2007; 36 SDR 207, effective June 28, 2010. 

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

74:36:08:24. National emission standards for oil and natural gas production facilities. 

The national emission standards for oil and natural gas production facilities are those in 40 C.F.R. 

§ 63, Subpart HH (July 1, 2009). A source that operates a unit subject to Subpart HH is exempt 

from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls 

and if the source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to Subpart HH. Exempted sources must still meet the applicable requirements in 

Subpart HH. 

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

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:25. National emission standards for natural gas transmission and storage 

facilities. The national emission standards for natural gas transmission and storage facilities are 

those in 40 C.F.R. § 63, Subpart HHH (July 1, 2009). 

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

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:26. National emission standards for secondary aluminum production. The 

national emission standards for secondary aluminum production are those in 40 C.F.R. § 63, 

Subpart RRR (July 1, 2009). 

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

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:27. National emission standards for publicly owned treatment works. The 

national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, 

Subpart VVV (July 1, 2009). 

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

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 
74:36:08:28. National emission standards for solvent extraction for vegetable oil 

production. The national emission standards for solvent extraction of vegetable oil production are 

those in 40 C.F.R. § 63, Subpart GGGG (July 1, 2009). 

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

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:29. National emission standards for paper and other web coating. The 

national emission standards for paper and other web coating are those in 40 C.F.R. § 63, Subpart 

JJJJ (July 1, 2009). 

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

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:30. National emission standards for municipal solid waste landfills. The 

national emission standards for municipal solid waste landfills are those in 40 C.F.R. § 63, Subpart 

AAAA (July 1, 2009). 

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

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:31. National emission standards for surface coating of metal furniture. The 

national emission standards for surface coating of metal furniture are those in 40 C.F.R. § 63, 

Subpart RRRR (July 1, 2009). 

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

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:32. National emission standards for integrated iron and steel manufacturing 

facilities. The national emission standards for integrated iron and steel manufacturing are those in 

40 C.F.R. § 63, Subpart FFFFF (July 1, 2009). 

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

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 
74:36:08:33. National emission standards for brick and structural clay products 

manufacturing. The national emission standards for brick and structural clay products 

manufacturing are those in 40 C.F.R. § 63, Subpart JJJJJ (July 1, 2009). 

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

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:34. National emission standards for asphalt processing and asphalt roofing 

manufacturing. The national emission standards for asphalt processing and asphalt roofing 

manufacturing are those in 40 C.F.R. § 63, Subpart LLLLL (July 1, 2009). 

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

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:35. National emission standards for flexible polyurethane foam fabrication 

operations. The national emission standards for flexible polyurethane foam fabrication operations 

are those in 40 C.F.R. § 63, Subpart MMMMM (July 1, 2009). 

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

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:36. National emission standards for engine test cells/stands. The national 

emission standards for engine test cells/stands are those in 40 C.F.R. § 63, Subpart PPPPP (July 1, 

2009). 

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

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:37. National emission standards for surface coating of miscellaneous metal 

parts and products. The national emission standards for surface coating of miscellaneous metal 

parts and products as published in 40 C.F.R. § 63, Subpart MMMM (July 1, 2009). 

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

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:38. National emission standards for reinforced plastic composites production. 

The national emission standards for reinforced plastic composites production are those in 40 

C.F.R. § 63, Subpart WWWW (July 1, 2009). 
Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:39. National emission standards for stationary combustion turbines. The 

national emission standards for stationary combustion turbines are those in 40 C.F.R. § 63, Subpart 

YYYY (July 1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:40. National emission standards for stationary reciprocating internal 

combustion engines. The national emission standards for stationary reciprocating internal 

combustion engines are those in 40 C.F.R. § 63, Subpart ZZZZ (July 1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:41. National emission standards for industrial, commercial, and institutional 

boilers and process heaters. The national emission standards for industrial, commercial, and 

institutional boilers and process heaters are those in 40 C.F.R. § 63, Subpart DDDDD (July 1, 

2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:42. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers production are 

those in 40 C.F.R. § 63, Subpart J (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:43. National emission standards for coke oven batteries. The national emission 

standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 
74:36:08:44. National emission standards for pulp and paper industry. The national 

emission standards for pulp and paper industry are those in 40 C.F.R. § 63, Subpart S, (July 1, 

2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:45. National emission standards for group I polymers and resins. The national 

emission standards for group I polymers and resins are those in 40 C.F.R. § 63, Subpart U, (July 1, 

2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:46. National emission standards for epoxy resins production and non-nylon 

polyamides production. The national emission standards for epoxy resins production and nonnylon polyamides production are those in 40 C.F.R. § 63, Subpart W, (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:47. National emission standards for secondary lead smelting. The national 

emission standards for secondary lead smelting are those in 40 C.F.R. § 63, Subpart X (July 1, 

2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:48. National emission standards for phosphoric acid manufacturing plants. 

The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. 

§ 63, Subpart AA (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:49. National emission standards for phosphate fertilizers production plants. 

The national emission standards for phosphate fertilizers production plants are those in 40 C.F.R. 

§ 63, Subpart BB (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 
74:36:08:50. National emiSSIOn standards for petroleum refineries. The national 

emission standards for petroleum refineries are those in 40 C.P.R. § 63, Subpart CC (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:51. National emission standards for off-site waste and recovery operations. 

The national emission standards for off-site waste and recovery operations are those in 40 C.P.R. 

§ 63, Subpart DD (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:52. National emission standards for magnetic tape manufacturing operations. 

The national emission standards for magnetic tape manufacturing operations are those in 40 C.P.R. 

§ 63, Subpart EE (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:53. National emission standards for primary aluminum reduction plants. The 

national emission standards for primary aluminum reduction plants are those in 40 C.P.R. § 63, 

Subpart LL (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:54. National emission standards for chemical recovery combustion sources at 

kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission standards 

for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical 

pulp mills are those in 40 C.P.R.§ 63, Subpart MM (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:55. National emission standards for ethylene manufacturing process units --

Heat exchange systems and waste operations. The national emission standards for heat exchange 

systems and waste operations are those in 40 C.P.R.§ 63, Subpart XX (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 
74:36:08:56. Generic maximum achievable control technology standards. The generic 

maximum achievable control technology standards are those in 40 C.P.R. § 63, Subpart YY (July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:57. National emission standards for steel pickling -- HCl process facilities 

and hydrochloric acid regeneration plants. The national emission standards for HC 1 process 

facilities and hydrochloric acid regeneration plants are those in 40 C.P.R. § 63, Subpart CCC (July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:58. National emission standards for mineral wool production. The national 

emission standards for mineral wool production are those in 40 C.P.R.§ 63, Subpart DDD (July 1, 

2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:59. National emission standards for hazardous waste combusters. The national 

emission standards for hazardous waste combusters are those in 40 C.P.R. § 63, Subpart EEE (July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:60. National emission standards for pharmaceutical production. The national 

emission standards for pharmaceutical production are those in 40 C.P.R. § 63, Subpart GGG (July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:61. National emission standards for group IV polymers and resins. The 

national emission standards for group IV polymers and resins are those in 40 C.P.R. § 63, Subpart 

JJJ (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 
Law Implemented: SDCL 34A-1-18. 

74:36:08:62. National emission standards for wool fiberglass production. The national 

emission standards for wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN (July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:63. National emission standards for manufacture of amino/phenolic resins. 

The national emission standards for the manufacture of amino/phenolic resins are those in 40 

C.F.R. § 63, Subpart 000 (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:64. National emission standards for polyether polyols production. The 

national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart 

PPP (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:65. National emission standards for primary copper smelting. The national 

emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (July 1, 

2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:66. National emission standards for primary lead smelting. The national 

emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT (July 1, 

2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:67. National emission standards for petroleum refineries -- Catalytic 

cracking, catalytic reforming, and sulfur recovery units. The national emission standards for 

catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those in 

40 C.F.R. § 63, Subpart UUU (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:68. National emission standards for ferroalloy production-- Ferromanganese 

and silicomanganese. The national emission standards for ferromanganese and silicomanganese 

production are those in 40 C.F.R. § 63, Subpart XXX (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:69. National emission standards for the manufacture of nutritional yeast. The 

national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. § 63, 

Subpart ecce (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:70. National emission standards for plywood and composite wood products. 

The national emission standards for plywood and composite wood products are those in 40 C.F.R. 

§ 63, Subpart DDDD (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:71. National emission standards for non-gasoline organic liquids distribution. 

The national emission standards for non-gasoline organic liquids distribution are those in 40 

C.F.R. § 63, Subpart EEEE (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:72. National emission standards for miscellaneous organic chemical 

manufacturing. The national emission standards for miscellaneous organic chemical 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFF (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:73. National emission standards for wet-formed fiberglass mat production. 

The national emission standards for wet-formed fiberglass mat production are those in 40 C.F.R. 

§ 63, Subpart HHHH (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:74. National emission standards for surface coating of automobiles and light 

duty trucks. The national emission standards for surface coating of automobiles and light duty 

trucks are those in 40 C.F.R. § 63, Subpart IIII (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:75. National emission standards for surface coating of metal cans. The 

national emission standards for surface coating of metal cans are those in 40 C.F.R. § 63, Subpart 

KKKK (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:76. National emission standards for surface coating of large appliances. The 

national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, 

Subpart NNNN (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics 

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics and 

other textiles are those in 40 C.F.R. § 63, Subpart 0000 (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:78. National emission standards for surface coating of plastic parts and 

products. The national emission standards for surface coating of plastic parts and products are 

those in 40 C.F.R. § 63, Subpart PPPP (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:79. National emission standards for surface coating of wood building 

products. The national emission standards for surface coating of wood building products are those 

in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:80. National emission standards for surface coating of metal coil. The national 

emission standards for surface coating of metal coil are those in 40 C.P.R. § 63, Subpart SSSS 

(July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:81. National emission standards for leather finishing operations. The national 

emission standards for leather finishing operations are those in 40 C.P.R. § 63, Subpart TTTT (July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:82. National emission standards for cellulose products manufacturing. The 

national emission standards for cellulose products manufacturing are those in 40 C.P.R. § 63, 

Subpart UUUU (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:83. National emission standards for boat manufacturing. The national 

emission standards for boat manufacturing are those in 40 C.P.R. § 63, Subpart VVVV (July 1, 

2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:84. National emission standards for rubber tire manufacturing. The national 

emission standards for rubber tire manufacturing are those in 40 C.P.R. § 63, Subpart XXXX (July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:85. National emission standards for lime manufacturing plants. The national 

emission standards for lime manufacturing plants are those in 40 C.P.R. § 63, Subpart AAAAA 

(July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:86. National emission standards for semiconductor manufacturing. The 

national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, Subpart 

BBBBB (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:87. National emission standards for coke ovens -- Pushing, quenching, and 

battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63, 

Subpart CCCCC (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:88. National emission standards for iron and steel foundries. The national 

emission standards for iron and steel foundries are those in 40 C.F.R. § 63, Subpart EEEEE (July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:89. National emission standards for site remediation. The national emission 

standards for site remediation are those in 40 C.F.R. § 63, Subpart GGGGG (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:90. National emission standards for miscellaneous coating manufacturing. 

The national emission standards for miscellaneous coating manufacturing are those in 40 C.F.R. 

§ 63, Subpart HHHHH (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The 

national emission standards for mercury cell ch1or-alkali plants are those in 40 C.F.R. § 63, 

Subpart IIIli (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 
Law Implemented: SDCL 34A-1-18. 

74:36:08:92. National emission standards for clay ceramics manufacturing. The 

national emission standards for clay ceramics manufacturing are those in 40 C.F.R. § 63, Subpart 

KKKKK (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:93. National emission standards for flexible polyurethane foam production. 

The national emission standards for flexible polyurethane foam production are those in 40 C.F.R. 

§ 63, Subpart III (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:94. National emission standards for hydrochloric acid production. The 

national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart 

NNNNN (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:95. National emission standards for friction materials manufacturing 

facilities. The national emission standards for friction materials manufacturing facilities are those 

in 40 C.F.R. § 63, Subpart QQQQQ (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:96. National emission standards taconite iron ore processing. The national 

emission standards for taconite iron ore processing are those in 40 C.F.R. § 63, Subpart RRRRR 

(July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:97. National emission standards for refractory products manufacturing. The 

national emission standards for refractory products manufacturing are those in 40 C.F.R. § 63, 

Subpart SSSSS (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 
Law Implemented: SDCL 34A-1-18. 

74:36:08:98. National emission standards for primary magnesium refining. The 

national emission standards for primary magnesium refining are those in 40 C.P.R. § 63, Subpart 

TTTTT (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:99. National emission standards for polyvinyl chloride and copolymers 

production area sources. The national emission standards for polyvinyl chloride and copolymers 

production area sources are those in 40 C.P.R. § 63, Subpart DDDDDD (July 1, 2009). A source 

that operates a unit subject to Subpart DDDDDD is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to Subpart DDDDDD. Exempted sources must still meet the applicable 

requirements in Subpart DDDDDD. 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:100. National emission standards for primary copper smelting area sources. 

The national emission standards for primary copper smelting area sources are those in 40 C.P.R. 

§ 63, Subpart EEEEEE (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:101. National emission standards for secondary copper smelting area sources. 

The national emission standards for secondary copper smelting area sources are those in 40 C.P.R. 

§ 63, Subpart PPPPPP (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:102. National emission standards for primary nonferrous metals area sources 

-- Zinc, cadmium, and beryllium. The national emission standards for primary nonferrous metals 

area sources are those in 40 C.P.R.§ 63, Subpart GGGGGG (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The 

national emission standards for hospital ethylene oxide sterilizers are those in 40 C.P.R. § 63, 
Subpart WWWWW (July 1, 2009). A source that operates a unit subject to Subpart WWWWW is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

WWWWW. Exempted sources must still meet the applicable requirements in Subpart WWWWW. 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:104. National emission standards for electric arc furnace steelmaking facility 

area sources. The national emission standards for area sources -- electric arc furnace steelmaking 

facilities are those in 40 C.F.R. § 63, Subpart YYYYY (July 1, 2009) 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:105. National emission standards for iron and steel foundry area sources. The 

national emission standards for iron and steel foundry area sources are those in 40 C.F.R. § 63, 

Subpart ZZZZZ (July 1, 2009). A source that operates a unit subject to Subpart ZZZZZ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to Subpart ZZZZZ. Exempted 

sources must still meet the applicable requirements in Subpart ZZZZZ. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:106. National emission standards for gasoline distribution bulk terminals, 

bulk plants, and pipeline facilities. The national emission standards for gasoline distribution bulk 

terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB (July 

1, 2009). A source that operates a unit subject to Subpart BBBBBB is exempt from the obligation 

to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating 

permit for a reason other than the source is subject to Subpart BBBBBB. Exempted sources must 

still meet the applicable requirements in Subpart BBBBBB 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:107. National emission standards for gasoline dispensing facilities. The 

national emission standards for gasoline dispensing facilities are those in 40 C.F.R. § 63, Subpart 

CCCCCC (July 1, 2009). A source that operates a unit subject to Subpart CCCCCC is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to Subpart CCCCCC. Exempted 

sources must still meet the applicable requirements in Subpart CCCCCC. 

Source: 36 SDR 207, effective June 28, 2010. 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:108. National emission standards for paint stripping and miscellaneous 

surface coating area sources. The national emission standards for paint stripping and 

miscellaneous coating area sources are those in 40 C.F.R. § 63, Subpart HHHHHH (July 1, 2009). 

A source that operates a unit subject to Subpart HHHHHH is exempt from the obligation to obtain 

a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to Subpart HHHHHH. Exempted sources must still meet the 

applicable requirements in Subpart HHHHHH. 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:109. National emission standards for acrylic and modacrylic fiber production 

area sources. The national emission standards for acrylic and modacrylic fiber production area 

sources are those in 40 C.F.R. § 63, Subpart LLLLLL (July 1, 2009). A source that operates a unit 

subject to Subpart LLLLLL is exempt from the obligation to obtain a Part 70 operating permit if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart LLLLLL. Exempted sources must still meet the applicable requirements in 

Subpart LLLLLL. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:110. National emission standards for carbon black production area sources. 

The national emission standards for carbon black production area sources are those in 40 C.F.R. 

§ 63, Subpart MMMMMM (July 1, 2009). 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:111. National emission standards for chemical manufacturing area sources--

Chromium compounds. The national emission standards for chemical manufacturing area sources 

--chromium compounds are those in 40 C.F.R. § 63, Subpart NNNNNN (July 1, 2009). A source 

that operates a unit subject to Subpart NNNNNN is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to Subpart NNNNNN. Exempted sources must still meet the applicable 

requirements in Subpart NNNNNN. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 
74:36:08:112. National emission standards for flexible polyurethane foam production 

and fabrication area sources. The national emission standards for flexible polyurethane foam 

production and fabrication area sources are those in 40 C.F.R. § 63, Subpart 000000 (July 1, 

2009). A source that operates a unit subject to Subpart 000000 is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart 000000. Exempted sources must still 

meet the applicable requirements in Subpart 000000. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:113. National emission standards for lead acid battery manufacturing area 

sources. The national emission standards for lead acid battery manufacturing area sources are 

those in 40 C.F.R. § 63, Subpart PPPPPP (July 1, 2009). A source that operates a unit subject to 

Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operating permit if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart PPPPPP. Exempted sources must still meet the applicable requirements in Subpart 

PPPPPP. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:114. National emission standards for wood preserving area sources. The 

national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, Subpart 

QQQQQQ (July 1, 2009). A source that operates a unit subject to Subpart QQQQQQ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to Subpart QQQQQQ. Exempted 

sources must still meet the applicable requirements in Subpart QQQQQQ. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:115. National emission standards for clay ceramic manufacturing area 

sources. The national emission standards for clay ceramic manufacturing area sources are those in 

40 C.F.R. § 63, Subpart RRRRRR (July 1, 2009). A source that operates a unit subject to Subpart 

RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

RRRRRR. Exempted sources must still meet the applicable requirements in Subpart RRRRRR. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 
74:36:08:116. National emission standards for glass manufacturing area sources. The 

national emission standards for glass manufacturing area sources are those in 40 C.P.R. § 63, 

Subpart SSSSSS (July 1, 2009). 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:117. National emission standards for secondary nonferrous metal processing 

area sources. The national emission standards for secondary nonferrous metal processing area 

sources are those in 40 C.P.R. § 63, Subpart TTTTTT (July 1, 2009). A source that operates a unit 

subject to Subpart TTTTTT is exempt from the obligation to obtain a Part 70 operating permit if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart TTTTTT. Exempted sources must still meet the applicable requirements in 

Subpart TTTTTT. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:118. National emission standards for plating and polishing area sources. The 

national emission standards for plating and polishing area sources are those in 40 C.P.R. § 63, 

Subpart WWWWWW (July I, 2009). A source that operates a unit subject to Subpart 

WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart WWWWWW. Exempted sources must still meet the applicable requirements in Subpart 

wwwwww. 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:119. National emission standards for nine metal fabrication and finishing 

area sources. The national emission standards for nine fabrication and finishing area sources are 

those in 40 C.P.R. § 63, Subpart XXXXXX (July 1, 2009). A source that operates a unit subject to 

Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating permit if the source 

is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart XXXXXX. Exempted sources must still meet the applicable requirements in Subpart 

XX XX XX. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:120. National emission standards for ferroalloys production area sources. The 

national emission standards for ferroalloys production area sources are those in 40 C.P.R. § 63, 

Subpart YYYYYY (July 1, 2009). A source that operates a unit subject to Subpart YYYYYY is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 
obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

YYYYYY. Exempted sources must still meet the applicable requirements in Subpart YYYYYY. 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:121. National emission standards for aluminum, copper, and other 

nonferrous foundry area sources. The national emission standards for aluminum, copper, and 

other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZZ (July 1, 2009). 

A source that operates a unit subject to Subpart ZZZZZZ is exempt from the obligation to obtain a 

Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to Subpart ZZZZZZ. Exempted sources must still meet the 

applicable requirements in Subpart ZZZZZZ. 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

Section 

74:36:09:01 

74:36:09:01.01 

74:36:09:02 

74:36:09:03 

CHAPTER 74:36:09 

PREVENTION OF SIGNIFICANT DETERIORATION 

Applicability. 

Prevention of significant deterioration permit required. 

Prevention of significant deterioration. 

Public participation. 

74:36:09:01. Applicability. This chapter applies to all areas of the state which are 

designated attainment or unclassifiable pursuant to § 107(d)(l)(A)(ii) and (iii) of the Clean Air 

Act. 

Source: 19 SDR 157, effective April22, 1993; 33 SDR 43, effective September 18,2006. 

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

Law Implemented: SDCL 34A-1-18. 

74:36:09:01.01. Prevention of significant deterioration permit required. New major 

stationary sources or major modifications to existing major stationary sources that locate in an 

attainment or unclassified area must obtain a prevention of significant deterioration permit prior to 

beginning actual construction. 

Source: 30 SDR 26, effective September 1, 2003; 33 SDR 43, effective September 18, 2006. 

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

Law Implemented: SDCL 34A-1-18. 
74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, the 

state's definitions and requirements for the prevention of significant deterioration are those in 40 

C.F.R. § 52.21 (July 1, 2009), as revised by EPA in publication 75 Fed. Reg. 31606 and 31607 

(June 3, 2010), except for 40 C.F.R. § 52.21(a)(l), (a)(2)(iv)(e), (a)(2)(vi), (b)(2)(iii)(h), 

(b)(3)(iii)(b), (b)(3)(vi)(d), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), (b)(58), (f), (q), (s), (t), (u), 

(x), (y), (z), and (cc) (July 1, 2009) with the following differences: 

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

defined in 40 C.F.R. § 52.21, except for the term "administrator" which means the secretary with 

the following exceptions: 

(a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator" means 

either the secretary or the administrator of EPA, as applicable; 

(b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" means 

either the secretary or the administrator of EPA, as applicable; 

(c) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 

52.21 (b )(50)(i); 52.21 (g)(l) to 52.21 (g)( 6), inclusive; 52.21 (1)(2); and 52.21 (p )(2) the term 

"administrator" means the administrator of EPA; 

(2) For the purposes of this section, the term "Act" means the Clean Air Act; 

(3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South 

Dakota are Wind Cave National Park and the Badlands National Park; 

(4) For the purposes of this section, 40 C.F.R § 52.21(a)(2)(iv)(f) is incorporated by 

reference excluding the last sentence which states, "For example, if a project involves both an 

existing emissions unit and a Clean Unit, the projected increase is determined by summing the 

values determined using the method specified in paragraph (a)(2)(iv)(c) of this section for the 

existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the Clean 

Unit"; 

(5) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by 

reference excluding the second sentence which states, "Routine maintenance, repair and 

replacement shall include, but not be limited to, any activity(s) that meets the requirements of the 

equipment replacement provisions contained in paragraph (cc) of this section"; 

(6) For the purposes of this section, 40 C.F.R. § 52.21(r)(6) is incorporated by reference 

excluding the phrase, "(other than projects at a Clean Unit or at a source with a PAL)"; 

(7) For the purposes of this section, 40 C.F.R. § 52.21(v)(l) is incorporated by reference 

excluding the phrase, "under 40 CFR 124.10"; and 

(8) For the purposes of this section, 40 C.F.R. § 52.21(w)(l) is incorporated by reference 

excluding the phrase, "expires under paragraph (s) ofthis section or". 
The secretary shall transmit to the administrator of the EPA a copy of each permit 

application subject to this section and shall notify the administrator of the EPA of each significant 

action the secretary takes on the application. 

If EPA stays or withdraws the regulation of greenhouse gases as identified in publication 75 

Fed. Reg. 31606 and 31607 (June 3, 2010), or a court issues an order vacating or otherwise 

invalidating EPA's regulation of greenhouse gases for any reason, the regulation of greenhouse 

gases by Article 74:36 are void as of the date of such administrative or judicial action and shall 

have no further force and effect. 

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; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010; 37 SDR 182, effective April20, 2011. 

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

Law Implemented: SDCL 34A-1-18. 

74:36:09:03. Public participation. For the purposes of this chapter, the state's public 

participation procedures are those in 40 C.F .R. § 51.166( q) (July 1, 2009), excluding the phrase 

"The plan shall provide that..." with the following differences: 

(1) For the purposes of this section, in 40 C.P.R. § 52.166(q) the phrase "reviewing 

authority" means the secretary; 

(2) For the purposes of this section, in 40 C.P.R.§ 51.166(q)(1) the phrase "specified time 

period" means 60 days; 

(3) For the purposes ofthis section, in 40 C.P.R.§ 51.166(q)(2)(iv), the term "administrator" 

means the administrator of EPA; 

(4) For the purposes of this section, in 40 C.P.R.§ 51.166(q)(2)(iii), the phrase "Notify the 

public" shall consist of a public notice once in a legal newspaper in the county where the proposed 

source would be constructed. The public notice shall include a statement that a person may submit 

comments or contest the draft permit within 30 days after the 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; 

(5) For the purposes of this section, in 40 C.P.R. § 51.166(q)(2)(v), a public hearing is 

required if a person contests the draft permit or contests the secretary's final determination and 

requests a hearing in accordance with article 74:09; and 

(6) For the purposes of this section, in 40 C.P.R. § 51.166(q)(2)(viii), if a request for a 

contested case hearing is not submitted during the public notice period, the secretary shall make a 

final determination within 30 days of the end of the public comment period on the draft permit. 

The secretary shall notify, in writing, the applicant and each person that submitted written 

comments or requested notice of the final determination. The notice shall include reference to the 

procedures for contesting the final determination and requesting a hearing in accordance with 

article 74:09 within 30 days of receiving the secretary's final determination. If no person comments 
on a draft permit, requests changes, or contests the draft permit during the public notice period, the 

draft permit automatically becomes the secretary's final determination and is issued at the end of 

the public notice period. 

Source: 33 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28,2010. 

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

Law Implemented: SDCL 34A-1-18. 

Section 

74:36:10:01 

74:36:10:02 

74:36:10:03 

74:36:10:03.01 

74:36:10:04 

74:36:10:05 

74:36:10:06 

74:36:10:07 

74:36:10:08 

74:36:10:09 

74:36:10:10 

Applicability. 

Definitions. 

Repealed. 

CHAPTER 74:36:10 

NEW SOURCE REVIEW 

New source review preconstruction permit required. 

Repealed. 

New source review preconstruction permit. 

Causing or contributing to a violation of any national ambient air quality standard. 

Determining credit for emission offsets. 

Projected actual emissions. 

Clean unit test for emission units subject to lowest achievable emission rate. 

Clean unit test for emission units comparable to lowest achievable emission rate. 

74:36:10:01. Applicability. This chapter applies to areas of the state which are designated 

as nonattainment pursuant to § 1 07 of the Clean Air Act for any pollutant regulated under the 

Clean Air Act. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:10:02. Definitions. For the purposes of this chapter, the definitions for new source 

review are those in 40 C.F.R. § 51.165(a)(1) (July 1, 2009). 

For the purposes of this chapter, the term, Act, means the Clean Air Act. 

For the purposes of this section, the term, reviewing authority, means the secretary. 

Source: 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; 36 SDR 207, 

effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 
74:36:10:03. Net emissions increase defined. 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§ 74:26:01:06.01, 19 SDR 

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

effective September 1, 2003. 

74:36:10:03.01. New source review preconstruction permit required. New major 

stationary sources or major modifications to existing major sources must obtain a preconstruction 

permit before beginning actual construction ifthey are located in the following areas: 

(1) An attainment or unclassified area if the source would cause or contribute to a violation 

of any nati~al ambient air quality standard; or 

(2) An area designated nonattainment for any national ambient air quality standard if the 

source is major for the pollutant for which the area is designated nonattainment. 

Except as provided by a plant-wide applicability limit and a pollution control project 

exclusion, a proposed project is considered a major modification to an existing major source if the 

proposed project meets the criteria in 40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (July 1, 

2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28,2010. 

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

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

Note: The procedural requirements for obtaining a preconstruction permit under the new 

source review program are similar to the procedural requirements for a Part 70 source, such as a 

timely and complete application, completeness review, statement ofbasis, public participation, and 

departmental recommendation, as outlined in§§ 74:36:05:08 to 74:36:05:20.01, inclusive. 

74:36:10:04. Criteria for creditability of increase or decrease in actual emissions. 

Repealed. 

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 

repealed, 30 SDR 26, effective September 1, 2003. 

74:36:10:05. New source review preconstruction permit. A new source review 

preconstruction permit must satisfy the following criteria before beginning actual construction: 

(1) All requirements for new source performance standards in chapter 74:36:07 that apply to 

the facility; 

(2) Compliance with the lowest achievable emission rate (LAER); 

(3) Certification of compliance that all other major sources, major modifications, or 

reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or in 
part elsewhere in the state are in compliance with all applicable emission limitations and standards; 

and 

(4) The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset shall be determined by summing the difference between the 

allowable emissions after the modification and the actual emissions before the modification for 

each emissions unit. Emissions offsets are determined in accordance with§ 74:36:10:07. 

The owner or operator may use a clean unit test as described in§ 74:36:10:09 or 74:36:10:10 

to determine whether emission increases at a clean unit are part of a project that is a major 

modification. 

The owner or operator may apply for a pollution control project exclusion. The procedures 

for a pollution control project exclusion are those in 40 C.F.R. § 51.165(e)(l) to (e)(6), inclusive, 

(July 1, 2009). 

The owner or operator may apply for a plant-wide applicability limit. The procedures for a 

plant-wide allowable limit are those in 40 C.F.R. § 51.165(f)(l) to (f)(l5), inclusive, (July 1, 

2009). 

Approval to construct does not relieve an owner or operator of the responsibility to comply 

fully with applicable provisions of this article or the Clean Air Act and any other requirements 

under local, state, or federal law. 

Submission of preconstruction monitored or projected ambient air quality data, or both, from 

the proposed source must accompany the permit application. In addition, air quality dispersion 

modeling and meteorological data for the prescribed area may be required by the department. Costs 

of these requirements must be absorbed by the proposed source. 

Source: 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:16, 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; 16 SDR 88, effective November 14, 1989; 17 SDR 170, 

effective May 13, 1991; transferred from§ 74:26:01:16, 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; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-22. 

74:36:10:06. Causing or contributing to a violation of any national ambient air quality 

standard. This section applies to any major stationary source or major modification to an existing 

major source that is located in an attainment or unclassifiable area that may cause or contribute to 

violation of a national ambient air quality standard. A major stationary source or major 

modification to an existing major source is considered to cause or contribute to a violation of a 

national ambient air quality standard if the source or modification would, at a minimum, exceed 

the following significance levels at any locality that does not or would not meet the applicable 

national standard: 
POLLUTANT AND SIGNIFICANT LEVELS 

A vera! ing time (hours) 

Annual 24 8 3 1 

(1) S02: 1.0 ug/m3 5 ug/m3 - 25 ug/m3 - (2) PM10: 1.0 ug/m3 5 ug/m3 - - - (3) N02: 1.0 ug/m3 - - - - (4)CO - - 0.5 mg/m3 - 2 mg/m3 

The owner or operator of a new major stationary source or major modification to an existing 

major source may reduce the impact of its emissions on air quality by obtaining emission offsets to 

compensate for its adverse ambient impact where the new major source or major modification to 

an existing major source would otherwise cause or contribute to a violation of the national ambient 

air quality standard. The procedures for determining credit for emission offsets are those in 

§ 74:36:10:07. 

Source: 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:16:02, 19 SDR 

157, effective April22, 1993; 30 SDR 26, effective September 1, 2003. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6. 

74:36:10:07. Determining credit for emission offsets. The baseline for determining credit 

for emission offsets is the emission limit in effect at the time the application to construct is filed, 

except that the offset baseline is the actual emission of the unit from which offset credit is obtained 

if the demonstration of reasonable further progress and attainment of ambient air quality standards 

is based upon the actual emission of sources located within a designated nonattainment area; or if 

there is no applicable emission limit. 

In determining credit for emission offsets the following criteria shall be met: 

(1) All offsets must be for the same pollutant, result in a net positive air quality benefit in 

the affected area, and be approved by the department before issuance of the permit, even though 

they need not be in effect until the source commences operation; 

(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.F.R., Part 51, Appendix S, section IV.D (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 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) (July 1, 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; 

( 1 0) 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, 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) (July 1, 2009); and 

( 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; 36 SDR 207, effective June 28,2010. 

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, (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, 2009) available for 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 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28,2010. 

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.F .R. § 51.165( c )(1) to 

( c )(9), inclusive, (July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28,2010. 

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.F.R. § 51.165(d)(2) to (d)(11), inclusive, (July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6. 

Section 

74:36:11:01 

74:36:11:02 

74:36:11:03 

74:36:11:04 

CHAPTER 74:36:11 

PERFORMANCE TESTING 

Stack performance testing or other testing methods. 

Secretary may require performance tests. 

Notice to department of performance test. 

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 

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 170, 

effective May 13, 1991; transferred from§§ 74:26:05:01, 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; 36 SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-12. 

74:36:11:02. Secretary may require performance tests. The secretary may conduct or 

require a performance test of emissions, including stack sampling, for air pollutants from any 

source to determine compliance with regulated pollutant emission standards. Upon the request of 

the secretary, the owner or operator of the source to be tested must provide necessary ports in 

stacks or ducts and any other safe and applicable sampling and testing facilities necessary for 

determination of the emissions of air pollutants. The results of the required performance test must 

be submitted to the department within 60 days after the completion of the performance test or as 

designated by the department. 

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; 23 SDR 106, effective December 29, 1996. 

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

Law Implemented: SDCL 34A-1-12. 

74:36:11:03. Notice to department of performance test. The owner or operator of an 

affected facility shall notify the department at least 10 days before the start of a performance test to 

arrange for an agreeable test date when a department representative may observe the test. 

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

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

Law Implemented: SDCL 34A-1-12. 

74:36:11:04. Testing new fuels or raw materials. The owner or operator of a permitted 

source may request permission to test a new fuel or raw material to determine if it is compatible 

with existing equipment and to determine air emission rates before requesting a permit amendment 

or modification. A complete request shall consist of: 

(1) A written proposal that describes the new fuel or raw material; 

(2) An estimate of the type and amount of regulated air pollutant emissions that will result 

from the change; and 

(3) The schedule for conducting the test and the duration of the test. In most cases the owner 

or operator will be allowed to test for a maximum of one week. A request for a test period longer 

than one week will need additional justification. A test period shall not exceed 180 days. 
Within 45 days after receipt of a complete proposal to conduct a test, the department shall 

notifY the owner or operator in writing as to whether or not the department approves the test. If 

approved, the department's written response shall specifY the schedule for conducting the test and 

outline the test requirements. The requirements may include performance testing, visible emission 

evaluation, fuel analysis, dispersion modeling, and monitoring of raw material or fuel rates. 

If the department determines that the change will increase an emission of a regulated air 

pollutant or result in the emission of an additional regulated air pollutant, the department shall give 

public notice of the proposed test for 30 days. The department shall consider all comments 

received during the 30-day public comment period before making a final decision on the test. 

The department will not approve a test if the test would cause or contribute to a violation of a 

national ambient air quality standard. 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-12, 34A-1-21. 

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 Environmental 

Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (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 April 22, 1993; 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; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:12:02. Exceptions to restrictions. The provisions of§ 74:36:12:01 do not apply in 

the following circumstances: 

(1) If the presence of uncombined water 1s the only reason for failure to meet the 

requirements of§ 74:36:12:01; 
(2) If smoke is emitted for the purpose of training or research and is approved by the 

department; and 

(3) For brief periods during such operations as soot blowing, start-up, shut-down, and 

malfunctions. 

Source: SL 1975, ch 16, § 1; transferred from§ 34:10:03:03, 7 SDR 4, effective July 27, 

1980; transferred from§ 44:10:03:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from§ 74:26:03:03, 19 SDR 157, effective April 22, 1993. 

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 1, 2009). 

Source: 8 SDR 133, effective April18, 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 April22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective 

June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

Section 

74:36:13:01 

74:36:13:02 

74:36:13:03 

74:36:13:04 

74:36:13:05 

74:36:13:06 

74:36:13:07 

74:36:13:08 

CHAPTER 74:36:13 

CONTINUOUS EMISSION MONITORING SYSTEMS 

Secretary may require continuous emission monitoring systems (CEMS). 

Minimum performance specifications for all continuous emission monitoring 

systems. 

Reporting requirements. 

Notice to department of exceedance. 

Compliance determined by data from continuous emission monitor. 

Compliance certification. 

Credible evidence. 

Compliance assurance monitoring. 

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

The secretary may require major stationary air pollution sources to install, calibrate, operate, and 

maintain equipment approved by the department for the continuous monitoring and recording of 

emission data to determine compliance with a regulated air pollutant standard or where there is 

reason to believe there is a violation. 

Source: 19 SDR 157, effective April22, 1993. 
General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

74:36:13:02. Minimum performance specifications for all continuous em1sswn 

monitoring systems. Minimum performance specifications for all continuous emission monitoring 

systems are those contained in 40 C.P.R. Part 60, Appendix B and 40 C.P.R. § 60.13 (July 1, 

2009). 

Source: 19 SDR 157, effective April 22, 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; 36 SDR 207, effective June 28, 2010. 

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 (July 1, 2009). All records must be made available to the department on 

request. 

Source: 19 SDR 157, effective April 22, 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; 36 SDR 207, effective June 28,2010. 

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 em1sswns that exceed the 

standards listed in 40 C.P.R. Part 60 (July 1, 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. 

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; 36 SDR 207, effective June 28,2010. 

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

Law Implemented: SDCL 34A-1-12. 

74:36:13:05. Compliance determined by data from continuous emission monitor. The 

emissions data from a continuous emission monitor on a unit shall be used to monitor compliance. 

The compliance requirements for the continuous emission monitor data shall be placed in the 

conditions of the permit to operate. 

Source: 19 SDR 157, effective April 22, 1993. 

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.P.R. § 70.6(a)(3) (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; 36 SDR 207, effective June 28,2010. 

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

Law Implemented: SDCL 34A-l-12. 

74:36:13:07. Credible evidence. Notwithstanding any other provlSlon, 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: 

(a) A monitoring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) (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, 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; 36 SDR 207, effective 

June 28, 2010. 

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

Law Implemented: SDCL 34A-1-12. 

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

subject to 40 C.F.R. § 64.2 (July 1, 2009), must comply with 40 C.F.R. §§ 64.1 and 64.3 to 64.10, 

inclusive, (July 1, 2009). 

Source: 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; 36 SDR 207, effective June 

28,2010. 

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

Law Implemented: SDCL 34A-l-12. 

CHAPTER 74:36:14 

VARIANCES 
(Repealed. 23 SDR 106, effective December 29, 1996) 

CHAPTER 74:36:15 

OPEN BURNING 

Section 

74:36:15:01 Transferred. 

74:36:15:02 and 74:36:15:03 Repealed. 

74:36:15:01. Transferred to§ 74:36:06:07. 

74:36:15:02. Open burning practices permissible. Repealed. 

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

§§ 34:10:04:03, 34:10:04:04, 34:10:04:06, 34:10:04:07, 34:01:04:08, 34:10:04:08.01, and 

34:10:04:12, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:04:03, 44:10:04:04, 

44:10:04:06, 44:10:04:07, 44:01:04:08, 44:10:04:09, and 44:10:04:13, effective July 1, 1981; 13 

SDR 129, 13 SDR 141, effective July 1, 1987; transferred from §§ 74:26:04:03, 74:26:04:04, 

74:26:04:06, 74:26:04:07, 74:26:04:08, 74:26:04:09, and 74:26:04:13, 19 SDR 157, effective 

April22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 23 SDR 106, effective December 

29, 1996. 

74:36:15:03. Refuse burning in rural areas-- Conditions-- Restrictions. Repealed. 

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

§ 34:10:04:09, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:04:10, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:04:10, 19 SDR 

157, effective April22, 1993; repealed, 23 SDR 106, effective December 29, 1996. 

Section 

74:36:16:01 

74:36:16:02 

74:36:16:03 

74:36:16:04 

74:36:16:05 

General provisions. 

Allowance system. 

Reserved. 

CHAPTER 74:36:16 

ACID RAIN PROGRAM 

Continuous emission monitoring. 

Nitrogen oxides emission reduction. 

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

40 C.F.R. §§ 72.2 to 72.85, inclusive, (July 1, 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, 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; 36 SDR 207, effective June 28,2010. 

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.F.R. §§ 73.1 to 73.53, inclusive, (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; 36 SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-18. 

74:36:16:03. Reserved. 

74:36:16:04. Continuous emission monitoring. The continuous em1ss1on monitoring 

requirements for the acid rain program are those in 40 C.F.R. §§ 75.1 to 75.67, inclusive, (July 1, 

2009) and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 (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; 36 SDR 207, effective June 28, 2010. 

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 emission reduction 

requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76.16, inclusive, (July 1, 

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; 36 SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:17 

RAPID CITY STREET SANDING AND DEICING 
Section 

74:36:17:01 

74:36:17:02 

74:36:17:03 

74:36:17:04 

74:36:17:05 

74:36:17:06 

Applicability. 

Reasonable available control technology. 

Street sanding specifications. 

Street sanding and deicing plan. 

Street sanding and sweeping recordkeeping. 

Inspection authority. 

74:36:17:01. Applicability. This rule applies to the application of or removal of any street 

sanding or deicing materials on the streets in the Rapid City zone. The Rapid City zone comprises 

the streets within the city limits of Rapid City bordered on the west and south by the city limits, on 

the north by the southern right-of-way boundary of Interstate 90, and on the east by the eastern 

right-of-way boundary of Highway 79. 

Source: 22 SDR 104, effective February 11, 1996. 

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

Law Implemented: SDCL 34A-1-6, 34A-1-15, 34A-1-38. 

74:36:17:02. Reasonable available control technology. Any operation to which this rule 

applies shall provide for reasonable available control technology to prevent the entrainment or 

reentrainment of road dust into the ambient air. Such controls include the following practices: 

(1) For operations involving the application of street sanding material and deicing agents on 

paved roads: 

(a) Utilizing forecasting of weather events to determine whether to pretreat roads with 

deicing agent or to apply no treatment; 

(b) Monitoring street temperatures to determine if deicing agents or street sanding 

materials need to be applied; 

(c) Limiting the application of street sanding material to intersections, inclined and 

curved roads, school zones, hospital zones, emergency routes, and fire station zones to the greatest 

extent possible; unless icy conditions exist; and 

(d) The use of pretreatment deicing or anti skid agents in place of aggregate street sanding 

materials to the greatest extent possible; 

(2) For operations involving the removal of street sanding and deicing agents from paved 

roads: 

(a) Flushing core downtown streets with water, except where meteorological conditions 

endanger public safety; and 

(b) Removing street sanding material from roads when road conditions become dry, using 

the most efficient cleaning devices on high traffic roads. 
Source: 22 SDR 104, effective February 11, 1996. 

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

Law Implemented: SDCL 34A-1-6, 34A-1-15, 34A-1-19, 34A-1-38. 

74:36:17:03. Street sanding specifications. The following are the street sanding 

specifications to be used in the Rapid City zone: 

(1) A durability or hardness as defined in Mohs scale of greater than 6 for 70 percent of the 

material applied to the streets for deicing or skid control; 

(2) No more than 3 percent of the total particle material content by weight may pass through 

a No. 200 sieve. as described in ASTM C136-93, "Standard Test Method for Sieve Analysis of Fine 

and Course Aggregates," November 1993. 

For street sanding material, these criteria only apply to the material before the addition of 

salts or chemicals. Material of a lesser hardness may be used on inclined or curved roads for safety 

purposes or where it can be demonstrated that a material can provide at least a 25 percent reduction 

in air pollutants. 

Source: 22 SDR 104, effective February 11, 1996. 

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

Law Implemented: SDCL 34A-1-6, 34A-1-15, 34A-1-19, 34A-1-38. 

References: 

Page 49 and 50, Physical Geology the Structure and Processes of the Earth, 1982, B. 

Clark Burchfiel, et al, Charles E. Merrill Publishing Company. Copies may be obtained from the 

Department of Environment and Natural Resources free of charge. 

Standard Test Method for Sieve Analysis of Fine and Course Aggregates, designation C 

136-93, 4 pages, American Society for Testing and Materials, November 1993. Copies are 

available from ASTM, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. Cost: $15. 

74:36:17:04. Street sanding and deicing plan. Any state, county, or municipal entity or 

their contractor with a street sanding or deicing operation in the Rapid City zone shall submit a 

plan to the department on April 15, 1996, and every three years following that date. The 

department shall approve or disapprove the plan within 60 days after receiving it, unless the 

department requests further information. The entity has 20 days to reply to a request for further 

information. The day the department receives the requested information initiates a new 60-day 

approval or disapproval period. The plan must include the following: 

(1) A description of the reasonable available control technologies in § 74:36:17:02 that the 

entity intends to use; 

(2) A description of how the requirements in§ 74:36:17:03 will be attained; 

(3) A description ofthe test methods used in determining attainment with§ 74:36:17:03; 

( 4) An emissions inventory of the streets in the Rapid City zone; 

(5) A map identifying street cleaning areas, frequency of cleaning, priorities, and the type of 

street cleaning device used in each area. 
If elements of the approved plan change during the three year period, the entity shall submit 

the modifications to the department for approval. The procedure for approval or disapproval of the 

modifications is the same as the procedure for the original plan. 

Source: 22 SDR 104, effective February 11, 1996. 

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

Law Implemented: SDCL 34A-1-6, 34A-1-12, 34A-1-15, 34A-1-38. 

74:36:17:05. Street sanding and sweeping recordkeeping. Operators of street sanding and 

sweeping equipment working in the Rapid City zone shall maintain records to document the street 

sanding and sweeping operations. These records shall be maintained for at least two years. These 

records shall contain the following documentation: 

(1) Street sanding: 

(a) Date; 

(b) Sanding route and area; 

(c) Street conditions; 

(d) Type and amount of sanding material used; and 

(e) Miles driven; 

(2) Street sweeping: 

(a) Date; 

(b) Area cleaned; and 

(c) Type of vehicle used. 

Source: 22 SDR 104, effective February 11, 1996. 

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

Law Implemented: SDCL 34A-1-6, 34A-1-12, 34A-1-15, 34A-1-38. 

74:36:17:06. Inspection authority. The secretary may enter the storage site of any user of 

street sanding material covered by this chapter for the purpose of obtaining samples of materials, 

inspecting records, or conducting any inspection authorized under SDCL chapter 34A-1. 

Source: 22 SDR 104, effective February 11, 1996. 

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

Law Implemented: SDCL 34A-1-6, 34A-1-13, 34A-1-15, 34A-1-38, 34A-1-41. 

CHAPTER 74:36:18 

REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA 

Section 

74:36:18:01 

74:36:18:02 

Definitions. 

Applicability. 
74:36:18:03 

74:36:18:04 

74:36:18:05 

74:36:18:06 

74:36:18:07 

74:36:18:08 

74:36:18:09 

74:36:18:10 

74:36:18:11 

74:36:18:12 

Permit required. 

Time period for permits and renewals. 

Required contents of a complete application for a permit. 

Contents of permit. 

Permit expiration. 

Renewal of permit. 

Reasonably available control technology required. 

Visible emissions limit for construction and continuous operation activities. 

Exception to visible emission limit. 

Notice of operating noncompliance-- Contents. 

74:36:18:01. Definitions. Unless otherwise specified, the terms used in this chapter mean: 

(1) "Construction activity," any temporary activity at a state facility, which involves the 

removal or alteration of the natural or pre-existing cover of one acre or more of land. One acre of 

surface area is based on a cumulative area of anticipated disturbance to be completed for the entire 

project; 

(2) "Continuous operation activity," the following ongoing activities at a state facility that 

may cause fugitive emissions of particulate to be released into the ambient air: 

(a) Unpaved parking lots and storage lots one acre or more in size; 

(b) Paved parking lots to which deicing and traction materials are applied during adverse 

weather; 

(c) Storage piles and activities associated with handling of the stock pile material; 

(d) The applying of deicing and traction materials on and cleaning of streets, roads, and 

highways; and 

(e) Any other ongoing activity as determined by the secretary that may cause such 

fugitive emissions; 

(3) "Reasonably available control technology," a control technology for fugitive emissions 

of particulate determined on a case-by-case basis by the secretary to meet the requirements of this 

chapter, taking into account energy, the environment, economic impacts, and other costs; 

(4) "Rapid City air quality control zone," a 10-mile by 14-mile area within the following 

boundaries: 

(a) Commencing at the northwest comer of Section 15, Township 2 north, Range 6 east; 

(b) East to the northeast comer of Section 14, Township 2 north, Range 8 east; 

(c) South to the southeast comer of Section 3 5, Township 1 north, Range 8 east; 

(d) West to the southwest comer of Section 34, Township 1 north, Range 6 east; and 

(e) North to the point ofbeginning; 

(5) "State facility," any state agency, state-owned or state-leased property, or property 

subject to a temporary state easement in the Rapid City air quality control zone; and 
(6) "State contractor," any person under contract to provide services to a state facility 

including any person under contract to provide construction or continuous operation activities on 

state highways or the state interstate system within the Rapid city air quality control zone. 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:18:02. Applicability. The requirements of this chapter apply to state facilities and 

state contractors that conduct a construction activity or continuous operation activity in the Rapid 

City air quality control zone. 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-11, 34A-1-18, 34A-1-19, 34A-1-21, 34A-1-38. 

74:36:18:03. Permit required. Beginning on August 1, 2002, no state facility or state 

contractor may engage in any construction activity or continuous operation activity within the 

Rapid City air quality control zone which may cause fugitive emissions of particulate to be 

released into the ambient air without first obtaining a permit issued by the board or the secretary. 

The secretary may extend the August 1, 2002, deadline for 60 days if circumstances warrant an 

extension. 

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

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

Law Implemented: SDCL 34A-1-21. 

Note: The procedural requirements for obtaining a construction activity or continuous 

operation activity permit under this chapter will be the same as the procedural requirements for a 

minor source, such as a timely and complete application, completeness review, public 

participation, and department recommendation, as outlined in §§ 74:36:04:06 and 74:36:04:08 to 

74:36:04:14, inclusive. 

74:36:18:04. Time period for permits and renewals. A construction activity or continuous 

operation activity permit is issued for a period up to five years and all subsequent permits are for 

periods of five years. 

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

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

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

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

for a construction activity and continuous operation activity permit shall contain the following 

information to be considered complete: 

(1) General company information, including the company name and address, the owner's 

name and agent, and the plant site manager or contact; 
(2) Legal description and location of the construction or continuous operation activity, 

including a site map; 

(3) Description of the proposed construction or continuous operation activity, including 

nature and description of equipment used; 

( 4) Description of the reasonably available control technology used to control the fugitive 

emissions; and 

(5) For construction activities, the proposed date for commencement and termination of the 

construction activity. 

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

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

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

74:36:18:06. Contents of permit. The construction activity and continuous operation 

activity 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 type of operation; 

( 4) The mailing address; 

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

(6) A permit number; 

(7) The name of a designated person or officer responsible for the permitted activity; 

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

or secretary may impose to ensure compliance with the Act; 

(9) Emission limits and standards necessary to assure compliance with applicable 

requirements of the Clean Air Act; 

(1 0) Record keeping and reporting requirements; 

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

requirements if any portion 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 or modification, or for denial of a permit renewal application; 

(b) The permit may be modified, revoked, or terminated for cause; 

(c) The permit does not convey any property rights of any sort or any exclusive privilege; 

and 

(d) The permittee shall provide any information requested in writing by the secretary to 

determine whether cause exists for modifying, revoking, or terminating the permit or to determine 

compliance. 

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

General Authority: SDCL 34A-1-6, 34A-1-21. 
Law Implemented: SDCL 34A-1-21, 34A-1-30. 

74:36:18:07. Permit expiration. Permit expiration terminates the source's right to operate 

unless a timely and complete renewal application has been submitted to the secretary. 

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

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

Law Implemented: SDCL 34A-1-21. 

74:36:18:08. Renewal of permit. Permits being renewed are subject to the same procedural 

requirements in §§ 74:36:04:06 and 74:36:04:08 to 74:36:04:14, inclusive, as the original permit 

Issuance. 

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

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

Law Implemented: SDCL 34A-1-21. 

74:36:18:09. Reasonably available control technology required. The owner or operator 

of a state facility or state contractor shall install and/or implement reasonably available control 

technology to prevent fugitive emissions of particulate from exceeding the visible emission limit 

specified in § 74:36:18:10. 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 1-26-20, 34A-1-53. 

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 

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

six minutes of readings. The Environmental Protection Agency's Method 9 in 40 C.P.R. Part 60, 

Appendix A (July 1, 2009) shall be used to determine the opacity. 

Source: 28 SDR 178, effective July 1, 2002; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

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

74:36:18:11. Exception to visible emission limit. The provisions of§ 74:36:18:10 do not 

apply if all three of the following meteorological conditions exist: 

snow; 

(1) Five consecutive days of 0.02 inches or less of precipitation each day excluding dry 

(2) Forecasted peak wind gusts greater than 40 miles per hour; and 

(3) Forecasted average hourly wind speed greater than 20 miles per hour. 

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

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

Law Implemented: SDCL 34A-1-12, 34A-1-19, 34A-1-24. 
74:36:18:12. Notice of operating noncompliance -- Contents. If the secretary determines 

that the operation of a source is not in compliance with this article, the Clean Air Act, or permit 

conditions, the secretary 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. 

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

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

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

CHAPTER 74:36:19 

MERCURYBUDGETTRADINGPROGRAM 

(Repealed. 36 SDR 207, effective June 28, 201 0) 

CHAPTER 74:36:20 

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS 

Section 

74:36:20:01 

74:36:20:02 

74:36:20:02.01 

74:36:20:03 

74:36:20:04 

74:36:20:05 

74:36:20:06 

74:36:20:07 

74:36:20:08 

74:36:20:09 

74:36:20:10 

74:36:20:11 

74:36:20:12 

74:36:20:13 

74:36:20:14 

74:36:20:15 

74:36:20:16 

74:36:20:17 

74:36:20:18 

74:36:20:19 

74:36:20:20 

74:36:20:21 

74:36:20:22 

74:36:20:23 

74:36:20:24 

Applicability. 

Construction permit required. 

Initiating construction prior to permit issuance. 

Construction permit exemption. 

Emission unit exemptions. 

Standard for issuance of construction permit. 

Timely and complete application for a construction permit required. 

Required contents of complete application for a construction permit. 

Applicant required to supplement or correct application. 

Permit application -- Completeness review. 

Time period for department's recommendation. 

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 construction permit. 

Administrative permit amendment. 

Procedures for administrative permit amendments. 

Reopening construction permit for cause. 

Procedures to reopen construction permit. 

Construction permit does not exempt from other requirements. 

Expiration of a construction permit. 

Notice of constructing or operating noncompliance-- Contents. 

Petition for contested case or alleged violation. 

Circumvention of emissions not allowed. 
74:36:20:01. Applicability. The requirements ofthis chapter apply to the construction of all 

new sources or modifications to existing sources. 

Source: 36 SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-21. 

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 that prevents or controls the emission of air pollutants into the ambient air until a 

construction permit has been issued by the board or the secretary, unless it meets the requirements 

in§ 74:36:20:02.01. 

Source: 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April20, 2011. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:20:02.01. Initiating construction prior to permit issuance. The owner or operator 

of a new source or modification to an existing source may initiate construction prior to issuance of 

the construction permit by the department if the owner or operator meets the following 

requirements: 

( 1) The owner or operator has submitted a construction permit application to the department 

in accordance with § 74:36:20:06; 

(2) The owner or operator has submitted a notification to the department of its intentions to 

initiate construction prior to issuance of the construction permit five working days before initiating 

construction; 

(3) The new source or modification to an existing source is not subject to chapter 74:36:09 

or 74:36:10. The provisions in chapter 74:36:09 or 74:36:10 remain applicable until the new source 

or modification to an existing source legally obtains a construction permit with federally 

enforceable conditions which limit the sources potential to emit below the applicable thresholds in 

chapter 74:36:09 or 74:36:1 0; 

(4) The new source or modification to an existing source is not subject to § 74:36:08:03.01. 

The provisions in § 74:36:08:03.01 remain applicable until the new source or modification to an 

existing source legally obtains a construction permit with federally enforceable conditions which 

limit the sources potential to emit below the applicable thresholds in§ 74:36:08:03.01; 

( 5) The owner or operator must assume any liability for construction conducted on a source 

before the permit is issued and in no case will the applicant be allowed to operate the equipment in 

any way that may emit any air pollutant prior to receiving a construction permit; 

(6) The owner or operator must cease construction if the department's evaluation 

demonstrates the construction of the new source or modification to the existing source will 
interfere with the attainment or maintenance of a national ambient air quality standard or 

increment; and 

(7) The owner or operator will be required to make any changes to the new source or 

modification of an existing source that may be imposed in the issued construction permit. 

Source: 37 SDR 182, effective April20, 2011. 

General Authority: SDCL 34A-1-6, 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 chapter 

74:36:09; 

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

74:36: 10; 

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

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

Source: 36 SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-21. 

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 chapter 74:36:07 or 74:36:08: 

( 1) One or more incinerators of less than 1 00 pounds per hour combined burning capacity 

that combust municipal or household waste; 

(2) A mobile internal combustion engme, including those m 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 whether the source is required to obtain a construction 

permit; and 

(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 

emissions from the unit must be included in determining whether the source is required to obtain a 

construction permit. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6, 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 is not 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 the Clean Air Act. The 

construction permit must include reasonable conditions, including adherence to plans and 

specifications, to ensure compliance with the act, the Clean Air Act, and any other conditions 

justified under SDCL 34A-1-19. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

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: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6, 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 include 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; 

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

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 emission 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 that 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 that 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: 36 SDR 207, effective June 28,2010. 

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

Law Implemented: SDCL 34A-l-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 

requirements that become applicable after the application is filed but before the release of the draft 

permit. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6, 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, 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 complete the application. The 

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

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

approved by the department; and 

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

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

writing if the application is or is not complete. 

Source: 36 SDR 207, effective June 28, 2010. 

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

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 ensure compliance with the act or the 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: 36 SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-21. 

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; a description of 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: 36 SDR 207, effective June 28,2010. 

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

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

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

Source: 36 SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-21. 

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 shall 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 

comment 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 comment period. 

Source: 36 SDR 207, effective June 28,2010. 

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. 

74:36:20:14. 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: 36 SDR 207, effective June 28,2010. 

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. 

74:36:20:15. 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 type 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 the Clean Air Act; 

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

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

and the 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: 

(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: 36 SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-21, 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 that the revision qualifies as an administrative 

permit amendment. 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6, 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 
immediately upon notifying the department. The department shall determine whether 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: 36 SDR 207, effective June 28,2010. 

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

Law Implemented: SDCL 34A-1-21. 

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 

ensure compliance with the applicable requirements ofthis article and the Clean Air Act. 

Source: 36 SDR 207, effective June 28, 2010. 

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

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 

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

of the permit for which cause to reopen exists. 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6, 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 chapter 74:36:04 or 74:36:05 or from the obligation to comply with 

the applicable emission limitations or requirements of the Clean Air Act. 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6, 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, the applicant's authority to commence construction or 

complete construction of the new source or modification to an existing source is terminated. 

Source: 36 SDR 207, effective June 28, 2010. 

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

statues, 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 is 

not 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: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-20, 34A-1-53. 

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, to request that an 

enforcement hearing be scheduled pursuant to the provisions of chapter 74:09:01, or to request that 

the construction permit be suspended or revoked for noncompliance. 

Source: 36 SDR 207, effective June 28, 2010. 

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 that 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 that 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: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

Section 

74:36:21:01 

74:36:21:02 

74:36:21:03 

74:36:21:04 

74:36:21:05 

CHAPTER 74:36:21 

REGIONAL HAZE PROGRAM 

Applicability. 

Definitions. 

Existing stationary facility defined. 

Visibility impact analysis. 

BART determination. 
74:36:21:06 

74:36:21:07 

74:36:21:08 

74:36:21:09 

74:36:21:10 

74:36:21:11 

74:36:21:12 

BART determination for a BART-eligible coal-fired power plant. 

Installation of controls based on visibility impact analysis or BART determination. 

Operation and maintenance of controls. 

Monitoring, recordkeeping, and reporting. 

Permit to construct. 

Permit required for BART determination. 

Federal land manager notification and review. 

74:36:21:01. Applicability. The provisions of this chapter apply to the owner or operator of 

a new major source, modification to a major source, and a BART-eligible source. The provisions 

of this chapter do not apply to a major source or major modification to an existing source 

applicable to chapters 74:36:09 and 74:36:10. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6. 

74:36:21:02. Definitions. Unless otherwise specified, the terms used in this chapter mean: 

(1) "Adverse impact on visibility," visibility impairment that interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

mandatory Class I federal area. Adverse impact on visibility shall be based on a case-by-case basis 

taking into account the geographic extent, intensity, duration, frequency, and time of visibility 

impairment, and how these factors correlate with times of visitor use of a mandatory Class I federal 

area and the frequency and timing of natural conditions that reduce visibility; 

(2) "BART," best available retrofit technology; 

(3) "Best available retrofit technology" an emission limitation based on the degree of 

reduction achievable through the application of the best system of continuous emission reduction 

for each pollutant that is emitted by an existing stationary facility. The emission limitation must be 

established, on a case-by-case basis, taking into consideration the technology available, the costs of 

compliance, the energy and nonair quality environmental impacts of compliance, any pollution 

control equipment in use or in existence at the source, the remaining useful life of the source, and 

the degree of improvement in visibility that may reasonable be anticipated to result from the use of 

such technology; 

(4) "BART-eligible source," an existing stationary facility; 

(5) "Coal-fired power plant," any person, corporation, limited liability company, association, 

company, partnership, political subdivision, municipality, rural electric cooperative, consumers 

power district, or any group or combination acting as a unit, owning or holding under lease, or 

otherwise real property used, or intended for use, for the conversion of coal into electric power; 

(6) "Contribute to adverse impact on visibility," a change in visibility impairment in a 

mandatory Class I federal area of five-tenths deciviews or more, based on a 24-hour average, above 

the average natural visibility baseline. A source exceeds the threshold if the 98th percentile (eighth 
highest value) of the modeling results, based on one year of the three years of meteorological data 

modeled, equals or exceeds five-tenths deciviews; 

(7) "Major source," as defined in§ 74:36:01 :08(2) and (3); 

(8) "Mandatory Class I federal area," any area identified in 40 C.F.R. § 81, Subpart D (July 

1, 2009); and 

(9) "Visibility impairment," any human perceptible change in visibility such as light 

extinction, visual range, contrast, coloration, from that which would have existed under natural 

conditions. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:21:03. Existing stationary facility defined. An existing stationary facility is any of 

the following stationary sources of air pollutants, including any reconstructed source that was not 

in operation before August 7, 1962, and was in existence on August 7, 1977, and has the potential 

to emit 250 tons per year or more of any air pollutant. In determining potential to emit, fugitive 

emissions, to the extent quantifiable, must be counted for: 

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

hour heat input; 

(2) Coal cleaning plants (thermal dryers); 

(3) Kraft pulp mills; 

(4) Portland cement plants; 

(5) Primary zinc smelters; 

( 6) Iron and steel mill plants; 

(7) Primary aluminum ore reduction plants; 

(8) Primary copper smelters; 

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

(1 0) Hydrofluoric, sulfuric, and nitric acid plants; 

( 11) Petroleum refineries; 

(12) Lime plants; 

(13) Phosphate rock processing plants; 

(14) Coke oven batteries; 

(15) Sulfur recovery plants; 

(16) Carbon black plants (furnace process); 

(17) Primary lead smelters; 

( 18) Fuel conversion plants; 

(19) Sintering plants; 

(20) Secondary metal production facilities; 

(21) Chemical process plants; 

(22) Fossil-fuel boilers of more than 250 million British thermal units per hour heat input; 

(23) Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels; 

(24) Taconite ore processing facilities; 

(25) Glass fiber processing plants; and 
(26) Charcoal production facilities. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:21:04. Visibility impact analysis. The owner or operator of a new major source or 

modification to a major source shall demonstrate to the department that the potential to emit from 

the new major source or modification to a major source will not contribute to adverse impact on 

visibility in any mandatory Class I federal area. The demonstration shall be based on visibility 

models approved in 40 C.F.R. §51, Subpart W (July 1, 2009). 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:21:05. BART determination. The owner or operator of a BART-eligible source that 

emits any air pollutant which may reasonably be anticipated to contribute to adverse impact on 

visibility in any mandatory Class I federal area shall submit a BART determination. The BART 

determination shall follow the procedures outlined in 40 C.F .R. § 51, Subpart Y (July 1, 2009) and 

must be based on an analysis of the best system of continuous emission control technology 

available and associated emission reductions achievable for each BART-eligible source. In this 

analysis, the BART determination must take into consideration the technology available, the costs 

of compliance, the energy and nonair quality environmental impacts of compliance, any pollution 

control equipment in use at the source, the remaining useful life of the source, and the degree of 

improvement in visibility that may reasonably be anticipated to result from the use of such 

technology. The BART determination shall be submitted within nine months after being notified 

by the department that the existing stationary source is reasonably anticipated to contribute to 

adverse impact on visibility in any mandatory Class I federal area. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:21:06. BART determination for a BART-eligible coal-fired power plant. The 

owner or operator of a BART-eligible coal-fired power plant may not cause or permit emissions of 

the following regulated air pollutant in excess of the following amounts: 

. (1) PM 10 emissions in excess of 67.3 pounds per hour, which includes periods of startup 

and shutdown; 

(2) PM10 emissions in excess of 0.012 pounds per million Btus, which includes periods of 

startup and shutdown; 

(3) Sulfur dioxide emissions in excess of 505 pounds per hour, which includes periods of 

startup and shutdown; 
(4) Sulfur dioxide emissions in excess of 0.09 pounds per million Btus, which does not 

include periods of startup and shutdown; 

(5) Nitrogen oxide emissions in excess of 561 pounds per hour, which includes periods of 

startup and shutdown; and 

(6) Nitrogen oxide emissions in excess of 0.10 pounds per million Btus, which does not 

include periods of startup and shutdown. 

Compliance with the PM 1 0 emission limits shall be based on an annual stack performance 

test using the average of three 1-hour test runs. Compliance with the sulfur dioxide and nitrogen 

oxide emission limits shall be based on using continuous emission monitoring systems and a 30-

day rolling average. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:21:07. Installation of controls based on visibility impact analysis or BART 

determination. The owner or operator of a new major source, modification to a major source, or a 

BART-eligible source that emits any air pollutant which may reasonably be anticipated to 

contribute to adverse impact on visibility in any mandatory Class I federal area shall install, 

operate, and maintain the controls established in a visibility impact analysis or BART 

determination. The owner or operator of a new major source or modification to a major source 

must install and operate the controls established in a visibility impact analysis at initial startup. The 

owner or operator of a BART -eligible source required to install BART must install, operate, and 

demonstrate compliance with BART as expeditiously as practicable, but no later than five years 

from EPA's approval of the state implementation plan for regional haze. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:21:08. Operation and maintenance of controls. The owner or operator required to 

install and operate controls established in a visibility impact analysis or BART determination shall 

establish written procedures to ensure the control equipment is properly operated and maintained. 

The written procedures shall include, at a minimum, the following: 

(1) A maintenance schedule for each control device that is consistent with the 

manufacturer's instructions and recommendations for routine and long-term maintenance; 

(2) Procedures for the proper operation and maintenance of each control device; and 

(3) Parameters to be monitored to determine each control device is being operated properly. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6. 
74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator required 

to install and operate controls established in a visibility impact analysis or BART determination 

shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur dioxide and nitrogen 

oxides emissions from the BART-eligible source shall be routed to the main stack of a BARTeligible source. Monitoring of sulfur dioxide and nitrogen oxide emissions from the main stack 

shall be conducted using a continuous emission monitoring system which complies with the 

continuous emission monitoring requirements in chapter 74:36:13. Monitoring requirements for 

other air pollutants from a BART -eligible source or from a major source or modification of a major 

source shall be in accordance with§ 74:36:05:16.01(9). Recordkeeping and reporting shall comply 

with the requirements in§ 74:36:05: 16.01(9). 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:21:10. Permit to construct. The owner or operator subject to this chapter may be 

issued a permit to construct in accordance with chapter 74:36:20 if the department determines that 

the new major source or modification to a major source does not contribute to adverse impact on 

visibility at a mandatory Class I federal area. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:21:11. Permit required for BART determination. The owner or operator of a 

BART-eligible source shall submit an application in accordance with chapter 74:36:20 to include 

the controls, emission limits, monitoring, recordkeeping, and reporting requirements identified in 

the BART determination and approved by the department. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:21:12. Federal land manager notification and review. The department shall 

provide written notice to the federal land manager of a BART determination or any permit 

application for a new major source or modification to a major source if the emissions from which 

may contribute to adverse impact on visibility at a mandatory Class I federal area, except for an 

application submitted in accordance with chapter 74:36:09 or 74:36:10. A notification of a BART 

determination shall include a copy of the BART determination and must be submitted within 30 

days of receipt of a complete BART determination. The department shall consider an analysis 

performed by the federal land manager submitted within 60 days of the federal land manager being 

notified of a BART determination or by the end of the public participation process, whichever is 

later. A permit application for a new major source or modification to a major source shall include a 

copy of the permit application and visibility impact analysis. The department shall consider an 

analysis performed by the federal land manager submitted within 30 days of the federal land 

manager being notified of a visibility impact analysis or by the end of the public participation 

process, whichever is later. The department shall follow the procedures outlined in chapter 
74:36:09 or 74:36:10 for an application submitted m accordance with chapter 74:36:09 or 

74:36:10. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6.