GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:80. Standards of performance for onshore natural gas processing. The standards ofperformance for onshore natural gas processing are those in 40 C.F.R. §§ 60.640 to 60.648, inclusive, (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing plant. The standards ofperformance for wool fiberglass insulation manufacturing plants are those in 40 C.F.R. §§ 60.680 to 60.685, inclusive, (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:82. Standards of performance for VOC emissions from petroleum refinery wastewater system. The standards ofperformance 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, effectiveJune 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: 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 ofperformance for the surface coating of plastic parts for business machines are those in 40 C.F.R. §§ 60.720 to 60.726, inclusive, (July 1, 2009). Source: 33 SDR 217, effectiveJune 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:84. Standards ofperformance for polymeric coating ofsupporting substrates facility. The standards ofperformance for polymeric coating ofsupporting substrates facilities are those in 40 C.F.R. §§ 60.740 to 60.748, inclusive, (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010 GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:85. Standards ofperformancefor small municipalwaste combustionunits 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 combustionunits are those in 40 C.F.R. § 60, SubpartAAAA (July 1, 2009),Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:86. Standards of performance for commercial or industrial solid waste incineration units for which construction commenced after November 30, 1999, or 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 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:87. Standards of performance for other solid waste incineration units for which construction commenced after December 9, 2004, or modification or reconstruction commenced on or after June 16, 2006. The standards of performance for other solid waste incinerationunits are those in 40 C.P.R. §60, SubpartEEEE (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:88. Standards of performance for stationary compression ignition internal combustion engines. The standards ofperformance for stationary compression ignition internal 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 ifthe source is not required to obtain a Part 70 operatingpermit for areason otherthanthe source is subjectto Subpart IIII. Exempted sources must still meetthe applicable requirements in Subpart IIII. Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:89. Standards of performance for stationary combustion turbines. The standards ofperformance for stationary combustion turbines are those in 40 C.P.R. §§ 60.4300 to 60.4420, inclusive, (July 1, 2009). Source: 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:90. Standards of performance for stationary spark ignition internal combustion engines. The standards ofperformance 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 obligationto obtain aPart 70 operatingpermitifthe source is notrequired to obtain a Part70 operating permit for areason otherthanthe source is subjectto SubpartJJJJ. Exempted sources must stillmeetthe applicable requirements in SubpartJJJJ. Source: 36 SDR207, effective June 28, 2010. General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-18. CHAPTER74:36:08 NATIONAL EMISSION STANDARDSFORHAZARDOUSAIRPOLLUTANTS

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 airpollutants. Emission standards for asbestos airpollutants. Emission standards for equipmentleaks (fugitive emission sources) ofbenzene. Emission standards for benzene emissions from benzene storage vessels. Emission standards for benzene emissions from benzenetransfer 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 CleanAirAct 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, transferoperations, and wastewater. National emission standards for organic hazardous air pollutants for equipment leaks. National emission standards for organic hazardous air pollutants for certain processes subjectto negotiatedregulations for equipmentleaks. National emission standards for chromium emissions from hard and decorative chromium electroplating and chromium anodizingtanks. National emission standards for ethylene oxide emissions from sterilization facilities. National emission standards for industrial process coolingtowers. National emission standards for gasoline distribution facilities (bulk gasoline terminals andpipelinebreakout stations). National emission standards for halogenated solvent cleaning. National emission standards for wood furniture manufacturing operations. National emission standards for aerospace manufacturing. National emission standards for tanks. National emission standards for containers. National emission standards for surface impoundments. National emission standards for individual drain systems.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, androutingto a fuel gas system ora process. National emission standardsfor equipmentleaks. National emission standards for hazardous airpollutants from the portland cement manufacturing industry. National emission standards for hazardous air pollutants for pesticide active ingredientproduction. National emission standards for theprinting andpublishingindustry. National emission standards for oil and natural gasproductionfacilities. National emission standards for natural gas transmission and storage facilities. National emission standards for secondaryaluminum production. National emission standards for publiclyownedtreatmentworks. National emission standards for solventextractionfor vegetable oil production. National emission standards for paperand otherweb coating. National emission standardsfor municipal solidwaste landfills. National emissionstandardsfor surface coating ofmetal furniture. National emission standards for integrated iron and steel manufacturing facilities. National emission standards for brickand structural clayproductsmanufacturing. National emission standards for asphalt processing and asphalt roofing manufacturing. National emission standards for flexible polyurethane foam fabrication operations. National emission standards for enginetestcells/stands. National emission standards for surface coating ofmiscellaneous metal parts and products. National emission standards for reinforcedplastic compositesproduction. National emission standards for stationarycombustionturbines. National emission standards for stationary reciprocating internal combustion engmes. National emission standards for industrial, commercial, and institutional boilers andprocessheaters. National emission standards for polyvinyl chloride and copolymersproduction. National emission standards for coke ovenbatteries. National emission standards for pulp andpaperindustry. National emission standards for group Ipolymers andresins. National emission standards for epoxy resins production and non-nylon polyamidesproduction. National emission standards for secondarylead smelting. National emission standards for phosphoric acidmanufacturingplants. National emission standards for phosphate fertilizers productionplants. National emission standards for petroleumrefineries. National emission standards for off-site waste andrecovery operations. National emission standards for magnetictape manufacturing operations. National emission standards for primaryaluminumreductionplants. National emission standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemicalpulp mills. National emission standards for ethylene manufacturing process units

-- Heat exchange systems and waste operations.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 regenerationplants. National emission standards for mineral wool production. National emission standards for hazardous waste combustors. National emission standards for pharmaceuticalproduction. National emission standards for group IV polymers andresins. National emission standards for wool fiberglass production. National emission standards for manufacture ofamino/phenolicresins. National emission standards for polyetherpolyols production. National emission standards for primary copper smelting. National emission standards for primary lead smelting. National emission standards for petroleum refineries

-- Catalytic cracking, catalyticreforming, and sulfurrecoveryunits. National emission standards for ferroalloy production

-- Ferromanganese and silicomanganese. National emission standardsfor the manufacture ofnutritional yeast. National emission standards for plywood and composite woodproducts. National emission standards for non-gasoline organic liquids distribution. National emission standards for miscellaneous organic chemical manufacturing. National emission standards for wet-formed fiberglass matproduction. National emission standards for surface coating of automobiles and light duty trucks. National emission standards for surface coating ofmetal cans. National emission standards for surface coating oflarge appliances. National emission standards for printing, coating, and dyeing offabrics and other textiles. National emission standards for surface coating ofplasticparts andproducts. National emission standards for surface coating ofwood buildingproducts. National emission standards for surface coating ofmetal coil. National emission standards for leatherfinishing operations. National emission standards for celluloseproducts manufacturing. National emission standards for boatmanufacturing. National emission standards for rubbertire manufacturing. National emission standards for lime manufacturingplants. National emission standards for semiconductormanufacturing. 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 coatingmanufacturing. National emission standards for mercurycell chlor-alkaliplants. National emission standards for clay ceramics manufacturing. National emission standards for flexible polyurethane foam production. National emission standards for hydrochloric acidproduction. National emission standards for friction materials manufacturing facilities. National emission standards for taconite iron ore processing. National emission standards for refractoryproducts 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 primarymagnesium 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 secondarycopper smelting area sources. National emission standards for primary nonferrous metals area sources -- Zinc, cadmium, andberyllium. 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, andpipeline 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 carbonblackproductionarea 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 acidbatterymanufacturing area sources. National emission standards for woodpreserving 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 andpolishing 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 boththe administrator ofEPA and the secretary. Source: 19 SDR 157, effective April22, 1993; transferred from§ 74:36:08:01,21 SDR 119, effective January 5, 1995. GeneralAuthority: 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, SubpartA (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 SDR209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 airpollutants are those in40 C.F.R. § 61, SubpartM (July 1, 2009). Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effectiveNovember24, 1987; 17 SDR 170, effectiveMay 13, 1991; 18 SDR95, 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 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: 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 SubpartJ (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: 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 SDR207, effectiveJune 28, 2010. GeneralAuthority: 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, SubpartBB (July 1, 2009). Source: 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: 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 ofbenzene are those in 40 C.F.R. §61, Subpart FF (July 1, 2009). Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:03. General provisions

-- National emiSSion standards for hazardous air pollutants for source categories. The general provisions for the national emission standards for hazardous airpollutants for source categories are those in40 C.F.R. §63 SubpartA (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 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:03.01. Requirements for control technology determinations for majorsources 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 in40 C.F.R. §63, SubpartB (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 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 ifthe 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 meetthe applicablerequirements in SubpartM. 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 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, andwastewater. The national emission standards for organic hazardous airpollutants 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 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:08. National emission standards for organic hazardous air pollutants for certain processes subjectto negotiated regulations for equipmentleaks. 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, SubpartI (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 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 emissionstandards 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 ifthe source is not requiredto obtaina Part70 operatingpermitfor a reason otherthanthe source is subjectto Subpart N. Exempted sources must still meetthe applicable requirements inSubpartN. Source: 23 SDR 106, effective December29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. Cross-Reference: Operatingpermits for part70 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 ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subjectto Subpart

### 0. Exempted sourcesmust still meetthe 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 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:11. National emission standards for industrial process cooling towers. The national emission standards for industrial process cooling towers are those in 40 C.F.R. § 63, Subpart 

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

### Qis exempt from the obligations to obtain a Part 70 operating permit ifthe source is not required to obtain a Part 70 operating permit for a reasonotherthanthe source is subjectto Subpart

### Q. Exempted sources must still meetthe applicablerequirements 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 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: 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, SubpartR (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 ifthe source is not required to obtain a Part 70 operatingpermit for a reason otherthan the source is subjectto SubpartT. Exempted sources must still meetthe applicable requirements in SubpartT. Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effectiveJune 27, 2000; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:14. National emission standards for wood furniture manufacturing operations. The national emission standards for wood furniture manufacturing operations are those in 40 C.F.R. § 63, SubpartJJ (July 1, 2009). Source: 23 SDR 106, effective December29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effectiveJune 27, 2000; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effectiveJune 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 December29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effectiveJune 27, 2000; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, 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 in40 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 SDR207, effective June 28,2010. GeneralAuthority: 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, SubpartPP (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. GeneralAuthority: 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 SDR207, effective June 28,2010. GeneralAuthority: 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 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, SubpartVV (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 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:20.01. National emission standards for closed vent systems, control devices, recovery devices, and routingto a fuel gas system ora process. The national emission standardsfor 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 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. GeneralAuthority: 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, SubpartUU (July 1, 2009). Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 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 cementmanufacturing industry are those in40 C.F.R. § 63, SubpartLLL (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 SDR207, 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 productionare those in40 C.F.R. § 63, SubpartMMM (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 SDR207, effectiveJune 28,2010. GeneralAuthority: 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 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. General Authority: SDCL 34A-1-6.LawImplemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:24. National emission standards for oil and natural gas production facilities. The national emission standards for oil and natural gas production facilities are those 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 obligationto obtain a Part70 operatingpermitifthe unit is notrequiredto install controls and ifthe 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 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:25. National emission standards for natural gas transmission and storage facilities. The national emission standards for natural gas transmission and storage facilities are those in40 C.F.R. § 63, SubpartHHH (July 1, 2009). Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, SubpartVVV (July 1, 2009). Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-19.74:36:08:28. National emission standards for solvent extraction for vegetable oil production. The national emission standards for solvent extraction ofvegetable oil production are those in40 C.F.R. §63, Subpart GGGG (July 1, 2009). Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 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 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. GeneralAuthority: 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 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 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 SDR217, effectiveJune 13, 2007; 36 SDR207, 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, SubpartFFFFF (July 1, 2009). Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 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 in40 C.F.R. § 63, SubpartJJJJJ (July 1, 2009). Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: 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 in40 C.F.R. § 63, SubpartLLLLL (July 1, 2009). Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 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, SubpartMMMMM (July 1, 2009). Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: 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 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 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 ofmiscellaneous metal parts andproducts as publishedin 40 C.F.R. § 63, SubpartMMMM (July 1, 2009). Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: 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, SubpartWWWW (July 1, 2009).Source: 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007; 36 SDR 207, effectiveJune 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 combustionturbines are those in 40 C.F.R. §63, Subpart YYYY (July 1, 2009). Source: 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007; 36 SDR 207, effectiveJune 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 in40 C.F.R. § 63, SubpartZZZZ (July 1, 2009). Source: 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007; 36 SDR 207, effectiveJune 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 SDR209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007; 36 SDR 207, effectiveJune 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 copolymersproduction are those in 40 C.F.R. § 63, SubpartJ (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:43. National emission standards for coke oven batteries. The national emission standards for coke ovenbatteries are those in40 C.F.R. § 63, SubpartL, (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 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 SDR217, effective June 13, 2007; 36 SDR207, 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 Ipolymers and resins are those in40 C.F.R. § 63, SubpartU, (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: 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 nonnylonpolyamidesproductionarethose in40 C.F.R. § 63, SubpartW, (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, 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 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: 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, SubpartAA (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 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 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: 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 petroleumrefineries are those in 40 C.P.R. §63, Subpart CC (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:51. National emission standards for off-site waste and recovery operations. The national emission standards for off-site waste and recovery operations are those in 40 C.P.R. §63, Subpart DD (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:52. National emission standardsfor magnetic tapemanufacturingoperations. The national emission standards for magnetic tape manufacturing operations are those in 40 C.P.R. §63, SubpartEE (July 1, 2009). Source: 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: 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 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: 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, SubpartMM (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:55. National emission standards for ethylene manufacturing process units

-- Heatexchange systems andwasteoperations.The national emission standards for heat exchange systems and waste operations are those in 40 C.P.R.§ 63, SubpartXX (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 HC1 process facilities and hydrochloric acid regeneration plants are those in 40 C.P.R. §63, Subpart CCC (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:58. National emission standards for mineral wool production. The national emission standards for mineral wool production are those in 40 C.P.R.§ 63, Subpart DDD (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:59. National emission standardsforhazardouswastecombusters. 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 SDR207, effective June 28, 2010. GeneralAuthority: 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 in40 C.P.R. §63, Subpart GGG (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 SDR207, effective June 28,2010. GeneralAuthority: 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, SubpartNNN (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, 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 SDR217, effectiveJune 13, 2007; 36 SDR 207, effectiveJune 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 SDR217, effectiveJune 13, 2007; 36 SDR207, 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 SDR217, effectiveJune 13, 2007; 36 SDR 207, effectiveJune 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 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 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, catalyticreforming, and sulfurrecovery units at petroleumrefineries are those in 40 C.F.R. § 63, SubpartUUU (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28,2010.GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:68. National emission standards for ferroalloy production-- Ferromanganese and silicomanganese. The national emission standards for ferromanganese and silicomanganese productionare those in40 C.F.R. §63, SubpartXXX (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL34A-1-18. 74:36:08:69. National emission standards for the manufacture ofnutritionalyeast. The national emission standards for the manufacture ofnutritional yeast are those in 40 C.F.R. §63, Subpart

## ecce (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL34A-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 in40 C.F.R. §63, SubpartDDDD (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:71. National emission standards for non-gasoline organic liquids distribution. The national emission standards for non-gasoline organic liquids distribution are those in 40 C.F.R. § 63, SubpartEEEE (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 in40 C.F.R. §63, SubpartFFFF (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL34A-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, SubpartHHHH (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 28,2010.General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:74. National emission standards for surface coating ofautomobiles 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, SubpartIIII (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, 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 ofmetal cans are those in 40 C.F.R. §63, Subpart KKKK (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:76. National emission standards for surface coating oflarge appliances. The national emission standards for surface coating of large appliances are those in 40 C.F.R. §63, SubpartNNNN (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, 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 offabrics and othertextiles. The national emission standards for printing, coating, and dyeing offabrics and othertextiles are those in 40 C.F.R. §63, Subpart 

### 0000(July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: 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 ofplastic parts and products are those in 40 C.F.R. §63, SubpartPPPP (July 1, 2009). Source: 33 SDR217, 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 ofwood building products are those in 40 C.F.R. §63, Subpart

### QQQQ (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010.GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:80. National emission standards for surface coating ofmetal coil. The national emission standards for surface coating ofmetal coil are those in 40 C.P.R. § 63, Subpart SSSS (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 leatherfinishing operations are those in40 C.P.R. § 63, SubpartTTTT (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: 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, SubpartUUUU (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 SDR217, effectiveJune 13, 2007; 36 SDR207, 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 rubbertire manufacturing are those in40 C.P.R. § 63, SubpartXXXX (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: 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 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28,2010.GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:86. National emission standards for semiconductor manufacturing. The national emission standards for semiconductor manufacturing are those in 40 C.F.R. §63, Subpart BBBBB (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:87. National emission standards for coke ovens -- Pushing, quenching, and battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. §63, Subpart CCCCC (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: 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 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, SubpartIIIli (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: 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, SubpartIII (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, 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 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6.

### LawImplemented: 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. 

### GeneralAuthority: 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 obligationto obtain aPart 70 

### operating permit ifthe source is not required to obtain a Part 70 

### operatingpermit for areason other than the source is subject to Subpart DDDDDD. Exempted sources must still meet the applicable requirements in SubpartDDDDDD. Source: 33 

### SDR 217, 

### effective June 13, 2007; 36 

### SDR 207, 

### effective June 28,2010. 

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

### LawImplemented: 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. 

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

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

### 74:36:08:101. National emission standardsfor secondary coppersmeltingarea 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. 

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

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

### 74:36:08:102. National emission standardsfor 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 

### SDR207, 

### effective June 28,2010. 

### GeneralAuthority: 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 subjectto Subpart WWWWW is exempt from the obligation to obtain a Part 70 operating permit ifthe 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 meetthe applicable requirements inSubpartWWWWW. Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 40C.F.R. §63, Subpart YYYYY (July 1, 2009) Source: 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: 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 obligationto obtain a Part70 operatingpermitifthe source is notrequiredto obtain a Part 70 operating permit for a reason other than the source is subject to Subpart ZZZZZ. Exempted sources must still meetthe applicable requirements in SubpartZZZZZ. Source: 36 SDR207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:106. National emission standards for gasoline distribution bulk terminals, bulkplants, and pipelinefacilities. Thenational emission standards for gasoline distribution bulk terminals, bulkplants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB (July 1, 2009). A source that operates a unit subjectto Subpart BBBBBB is exempt from the obligation to obtain a Part 70 operating permit ifthe 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 meetthe applicable requirements inSubpartBBBBBB Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 obtaina Part70 operatingpermitifthe source is notrequiredto obtaina Part 70 operating permit for a reason other than the source is subject to Subpart CCCCCC. Exempted sources must still meetthe applicable requirements inSubpartCCCCCC. Source: 36 SDR207, effectiveJune 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 subjectto Subpart HHHHHH is exemptfrom the obligationto obtain a Part 70 operating permit ifthe source is not required to obtain a Part 70 operating permit for a reason otherthanthe source is subjectto Subpart HHHHHH. Exempted sources must still meetthe applicable requirements in Subpart HHHHHH. Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 SubpartLLLLLL. Source: 36 SDR207, effectiveJune 28,2010. GeneralAuthority: 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 SDR207, 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 SubpartNNNNNN is exempt from the obligationto obtain a Part 70 operating permit ifthe source is notrequired to obtain a Part 70 operating permit for areason other than the source is subject to Subpart NNNNNN. Exempted sources must still meet the applicable requirements in SubpartNNNNNN. Source: 36 SDR207, effectiveJune 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 subjectto Subpart 000000is exempt from the obligation to obtain a Part 70 operating permit ifthe 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 meetthe applicable requirements in Subpart000000. Source: 36 SDR207, effectiveJune 28,2010. GeneralAuthority: 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 obligationto obtain a Part 70 operatingpermit ifthe 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 SDR207, effectiveJune 28,2010. GeneralAuthority: 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 woodpreserving 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 obligationto obtaina Part70 operatingpermitifthe source is notrequiredto obtaina Part 70 operating permit for a reason other than the source is subject to Subpart QQQQQQ. Exempted sources must still meetthe applicablerequirements in SubpartQQQQQQ. Source: 36 SDR207, effectiveJune 28,2010. GeneralAuthority: 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 ifthe source is not required to obtaina Part70 operatingpermitfor a reason otherthanthe source is subjectto Subpart RRRRRR. Exempted sources must still meetthe applicablerequirements in SubpartRRRRRR. Source: 36 SDR207, effectiveJune 28,2010. GeneralAuthority: 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 SDR207, 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 aunit 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 otherthan the source is subject to Subpart TTTTTT. Exempted sources must still meet the applicable requirements in Subpart TTTTTT. Source: 36 SDR207, 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 ifthe 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. GeneralAuthority: 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, SubpartXXXXXX (July 1, 2009). A source that operates aunit subjectto Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating permit ifthe 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 XXXXXX. Source: 36 SDR207, 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 ifthe source is not required toobtain a Part 70 operating permit for a reason other than the source is subject to Subpart YYYYYY. Exempted sources must still meetthe applicable requirements in Subpart YYYYYY. Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 othernonferrous foundry area sources are those in40 C.F.R. §63, SubpartZZZZZZ (July 1, 2009). A source that operates a unit subjectto Subpart ZZZZZZis exemptfrom the obligationto obtain a Part 70 operating permit ifthe 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 SubpartZZZZZZ. Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 CHAPTER74:36:09 PREVENTION OF SIGNIFICANT DETERIORATION

Applicability. Preventionofsignificant deteriorationpermitrequired. Preventionofsignificant deterioration. Publicparticipation.

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) ofthe Clean Air Act. Source: 19 SDR 157, effective April22, 1993; 33 SDR43, effective September 18,2006. GeneralAuthority: 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 orunclassified area must obtain a prevention ofsignificant deterioration permitpriorto beginning actual construction. Source: 30 SDR26, effective September 1, 2003; 33 SDR43, effective September 18, 2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.74:36:09:02. Prevention ofsignificant deterioration. Forthe purposes ofthis 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) withthe 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 eitherthe secretary orthe administratorofEPA, as applicable; (b) In 40 C.F.R. §§ 52.21(w)(2)to 52.21(w)(4), inclusive, the term "administrator" means eitherthe secretaryorthe administratorofEPA, 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" meansthe administratorofEPA; (2) Forthe purposes ofthis section, the term "Act" means the CleanAirAct; (3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South Dakotaare Wind CaveNational Parkandthe BadlandsNational 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 inparagraph (a)(2)(iv)(e) ofthis 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 ofthe equipmentreplacementprovisions containedinparagraph (cc) ofthis section"; (6) For the purposes of this section, 40 C.F.R. § 52.21(r)(6) is incorporated by reference excludingthephrase, "(otherthanprojects at a CleanUnit orata source witha PAL)"; (7) For the purposes ofthis section, 40 C.F.R. § 52.21(v)(l) is incorporated by reference excludingthe phrase, "under40 CFR 124.10"; and (8) For the purposes ofthis section, 40 C.F.R. § 52.21(w)(l) is incorporated by reference excludingthephrase, "expiresunderparagraph (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 ofthe EPA ofeach significant action the secretarytakes onthe application. IfEPA stays or withdraws the regulation ofgreenhouse 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 ofgreenhouse gases by Article 74:36 are void as ofthe date ofsuch administrative orjudicial 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. GeneralAuthority: 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 shallprovidethat..." withthe 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 ofthis section, in 40 C.P.R.§ 51.166(q)(1) the phrase "specified time period" means 60 days; (3) Forthe purposes ofthis section, in 40 C.P.R.§ 51.166(q)(2)(iv), the term "administrator" means the administrator ofEPA; (4) For the purposes ofthis section, in 40 C.P.R.§ 51.166(q)(2)(iii), the phrase "Notify the public" shall consist ofapublic notice once in a legal newspaper in the county where the proposed source would be constructed. The public notice shall include a statement that aperson 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 ahearing 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 ahearingin 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 ofthe end ofthe 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 ofthe 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 ofreceivingthe secretary's final determination. Ifno person commentson a draft permit, requests changes, or contests the draftpermit during the public notice period, the draft permit automatically becomes the secretary's final determination and is issued at the end of the public noticeperiod. Source: 33 SDR43, effective September 18, 2006; 36 SDR207, 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. CHAPTER74:36:10 NEW SOURCE REVIEW

New source reviewpreconstructionpermitrequired. Repealed. New source reviewpreconstructionpermit. Causing orcontributingto aviolation ofany national ambient airquality standard. Determining credit for emissionoffsets. Projected actual emissions. Clean unittest for emissionunits subjectto lowest achievable emissionrate. Clean unittestfor emissionunits comparable to lowest achievable emissionrate.

74:36:10:01. Applicability. This chapter applies to areas ofthe state which are designated as nonattainment pursuant to § 1 07 ofthe Clean Air Act for any pollutant regulated under the CleanAirAct. 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 ofthis chapter, the definitions for new source review are those in 40 C.F.R. § 51.165(a)(1) (July 1, 2009). Forthepurposes ofthis chapter, the term, Act, meansthe CleanAirAct. Forthe purposes ofthis 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. Netemissions increasedefined. 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 permitbefore beginning actual constructioniftheyare locatedinthe following areas: (1) An attainment or unclassified area ifthe source would cause or contribute to a violation ofany**nati~al** ambient airquality standard; or (2) An area designated nonattainment for any national ambient air quality standard ifthe source is majorforthepollutantfor whichthe areais designated nonattainment. Except as provided by a plant-wide applicability limit and a pollution control project exclusion, a proposed project is considered a major modificationto an existing major source ifthe 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 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: 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, completenessreview, 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 SDR26, effective September 1, 2003. 74:36:10:05. New source review preconstruction permit. A new source review preconstructionpermitmust satisfythe following criteriabefore beginning actual construction: (1) All requirements for new source performance standards in chapter 74:36:07 that apply to the facility; (2) Compliance withthe lowest achievable emissionrate (LAER); (3) Certification of compliance that all other major sources, major modifications, or reconstructed facilities that are owned, operated, orcontrolledbythe applicanteitherin whole or inpart 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 operatormay use a cleanunittest 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 ofthe responsibility to comply fully with applicable provisions ofthis article or the Clean Air Act and any other requirements under local, state, or federal law. Submission ofpreconstruction monitored or projected ambient air quality data, orboth, from the proposed source must accompany the permit application. In addition, air quality dispersion modeling and meteorological datafor the prescribedareamay be requiredby the department. Costs ofthese requirements mustbe absorbedbythe 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 aviolation ofany national ambient air quality standard. This section applies to any major stationary source ormajormodificationto an existing major source that is located in an attainment or unclassifiable area that may cause orcontribute 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 ofa national ambient air quality standard ifthe 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:POLLUTANTAND SIGNIFICANTLEVELS Avera! ingtime (hours) Annual 

### 24 8 

### 3 1 (1) S02: 1.0 ug/m3 5ug/m3



## - 25 ug/m3



## - (2) PM10: 1.0 ug/m3 5ug/m3



## - - - (3)N02: 1.0 ug/m3



## - - 

## - - (4)CO



## - - 0.5 mg/m3



## - 2mg/m3 The owner or operator ofa new major stationary source or major modification to an existing major source mayreduce the impact ofits 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 orcontribute to a violation ofthe 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 SDR26, effective September 1, 2003. GeneralAuthority: 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, exceptthat the offsetbaseline is the actual emission ofthe unit from which offsetcredit is obtained ifthe demonstration ofreasonable further progress and attainment ofambient air quality standards is based upon the actual emission ofsources located within a designated nonattainment area; or if there is no applicable emission limit. In determining creditfor emissionoffsetsthe 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 ofthe permit, even though they need not be in effectuntil the source commences operation; (2) External offsets or those emission limitations from sources not owned, operated, or controlled by an applicant for apermit shall be made through arevision ofthe permit conditions of the participating source or sources. Atno time maythe baselinebe exceeded; (3) The permissible location ofoffsetting emissions shall be conducted in accordance with 40 C.F.R., Part 51, Appendix S, sectionIV.D (July 1, 2009); (4) For an existing fuel combustion unit, credit shall be based on the emission limit for the type offuel being burned at the time the application to construct is filed. Ifthe existing source agrees to switch to a cleaner fuel at some future date, emission offset credits based on the allowable or actual emissions for the fuels involved may be allowed only if permit conditions specify an alternative control measure that would achieve the same degree ofemissionreduction if the source switchedbackto the dirtierfuel at some laterdate;(5) Emission reductions achieved by shutting down an existing unit orcurtailing 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 ofsubmittingthe permit application, whichever is earlier. Emissionreductions 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 ifthe 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 yearbefore the date of submittingthe 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 apermit or in its demonstration ofattainment orreasonable further progress; (8) Ifthe emissions limit allows greater emissions than the potential to emit ofthe unit, the emissionoffset credit is allowed onlyfor the control belowthe potential to emitofthe unit; (9) Decreases in actual emissions resulting from the installation of add-on control technology or application ofpollutionprevention measures that were relied upon in designating an emissions unit as aclean unit oraproject as apollution control project maynotbe 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 emissionreductions claimed as offset creditmustbe federally enforceable. Source: 7 SDR4, 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 SDR207, 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 majormodification 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 applyto projects at a cleanunit orat a sourcewith aplant-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 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 2, 2005; 36 SDR207, effective June 28,2010. GeneralAuthority: 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 cleanunit testmaybe usedto determine whetheran emissionincrease at a cleanunit is part ofa projectthat 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 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 2, 2005; 36 SDR207, effective June 28,2010. GeneralAuthority: 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 ofa project that is a majormodification 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 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 2, 2005; 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 CHAPTER74:36:11 PERFORMANCE TESTING

Stackperformancetesting orothertesting methods. Secretarymayrequireperformancetests. Noticeto departmentofperformancetest. Testing newfuels orrawmaterials.

74:36:11:01. Stack performance testing or other testing methods. All stackperformance 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 SDR209, effective June 13, 2006; 36 SDR207, effective June 28, 2010. 

### GeneralAuthority: 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 ofthe 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 ofthe emissions ofair pollutants. The results ofthe required performance test must be submitted to the department within 60 days after the completion ofthe 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 December29, 1996. 

### GeneralAuthority: 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 ofaperformancetest to arrange for an agreeable test date when adepartmentrepresentative may observethe test. 

### Source: 19 SDR 157, effective April22, 1993; 23 SDR 106, effective December29, 1996. 

### GeneralAuthority: SDCL 34A-1-6, 34A-1-12. 

### LawImplemented: 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 ifit is compatible with existing equipment and to determine air emissionrates before requesting apermit amendment or modification. A completerequest shall consist of: (1) Awrittenproposal that describes the newfuel orraw material; (2) An estimate ofthe type and amount ofregulated air pollutant emissions that will result from the change; and (3) The schedule for conductingthe test andthe duration ofthe test. In mostcases the owner or operator will be allowed to test for a maximum ofone week. A request for a test period longer than one week will need additionaljustification. Atestperiod shall not exceed 180 days.Within 45 days after receipt ofa 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, dispersionmodeling, andmonitoring ofrawmaterial orfuel rates. Ifthe department determines that the change will increase an emission of a regulated air pollutant orresult in the emission ofan additional regulated airpollutant, the department shall give public notice of the proposed test for 30 days. The department shall consider all comments received duringthe 30-daypublic commentperiodbefore making a final decision onthe test. The department will not approve atest ifthe test would cause orcontribute to aviolation ofa national ambient air quality standard. Source: 23 SDR 106, effective December29, 1996; 25 SDR 123, effective April4, 1999. GeneralAuthority: 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 CHAPTER74:36:12 CONTROL OF VISIBLE EMISSIONS

Restrictions onvisible emissions. Exceptionsto restrictions. Exceptions grantedto alfalfapalletizes ordehydrators.

74:36:12:01. Restrictions on visible emissions. The owner or operator ofa source may not discharge into the ambient air from a single unit ofemissions an air pollutant ofa density equal to or greater than that designated as 20 percent opacity, as established by the Environmental ProtectionAgency'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 SDR207, effectiveJune28, 2010. GeneralAuthority: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or operator ofa facility that pelletizes or dehydrates alfalfa, orthat does both, may discharge into the ambient air an air pollutant ofa density no greater than 30 percent opacity, as established by the Environmental ProtectionAgency's Method 9 in40 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 CHAPTER74:36:13 CONTINUOUSEMISSIONMONITORING SYSTEMS

Secretary mayrequire continuous emissionmonitoring systems (CEMS). Minimum performance specifications for all continuous emission monitoring systems. Reportingrequirements. Noticeto departmentofexceedance. Compliance determinedby datafrom continuous emissionmonitor. Compliancecertification. 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 reasonto believe there is aviolation. Source: 19 SDR 157, effective April22, 1993.GeneralAuthority: 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. Minimumperformance 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 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-12. LawImplemented: SDCL 34A-1-12. 74:36:13:03. Reporting requirements. Owners or operators ofthose sources required to install continuous emission monitoring systems shall observe the reporting requirements contained in 40 C.P.R. §60.7 (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 SDR207, effective June 28,2010. GeneralAuthority: 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 permitto 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 SDR207, effective June 28,2010. GeneralAuthority: 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 ofthepermitto operate. Source: 19 SDR 157, effective April 22, 1993. GeneralAuthority: SDCL 34A-1-6, 34A-1-12. LawImplemented: SDCL 34A-1-12. 74:36:13:06. Compliance certification. Notwithstanding any other provision in any plan approved by the administrator, for thepurpose ofsubmissionofcompliance certifications an owner or operator may use monitoring as required under 40 C.P.R. §70.6(a)(3) (July 1, 2009) andincorporated 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 SDR209, effectiveJune 13, 2006; 36 SDR207, effectiveJune 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 ofaplan. Credible evidence is as follows: (1) Information from the use ofthe following methods is presumptively credible evidence of whether a violation has occurred atthe source: (a) A monitoring method approved for the source pursuantto 40 C.F.R. §70.6(a)(3) (July 1, 2009) and incorporatedin a federally enforceable operatingpermit; (b) Compliancemethods specifiedinthe applicableplan; and (2) The following testing, monitoring, or information gathering methods are presumptively credible testing, monitoring, orinformation-gathering methods; (a) Any federally enforceable monitoring ortesting methods, includingthose in40 C.F.R. Parts 51, 60, 61, and 75 (July 1, 2009); (b) Othertesting, monitoring, or information-gathering methods thatproduce information comparableto thatproducedbyanymethodin subdivision (1) or(2)(a) ofthis 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 ofa 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. CHAPTER74:36:14 VARIANCES(Repealed. 23 SDR 106, effective December29, 1996)

CHAPTER74:36:15

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 burningin 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 December29, 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. CHAPTER74:36:16 ACID RAIN PROGRAM

Continuous emissionmonitoring. Nitrogenoxides emissionreduction.

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 ofthis 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 SDR209, effective June 13, 2006; 36 SDR207, effectiveJune 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 SDR209, effective June 13, 2006; 36 SDR207, effectiveJune 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 Ato H, inclusive, to 40 C.F.R. Part75 (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 SDR209, effective June 13, 2006; 36 SDR207, effectiveJune 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 emissionreduction 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 SDR207, effectiveJune 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18. CHAPTER74:36:17 RAPID CITYSTREET SANDING AND DEICINGSection 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 deicingplan. Street sanding and sweeping recordkeeping. Inspection authority.

74:36:17:01. Applicability. This rule applies to the application ofor removal ofany street sanding or deicing materials onthe streets in the Rapid City zone. The Rapid City zone comprises the streets within the city limits ofRapid City bordered on the west and south by the city limits, on the north by the southern right-of-way boundary ofInterstate 90, and on the east by the eastern right-of-way boundary ofHighway 79. Source: 22 SDR 104, effective February 11, 1996. GeneralAuthority: 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 ofroad dustinto the ambient air. Such controls include the following practices: (1) For operations involving the application ofstreet sanding material and deicing agents on pavedroads: (a) Utilizing forecasting ofweather events to determine whether to pretreat roads with deicing agent orto 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, emergencyroutes, and fire station zones to the greatest extentpossible; unless icy conditions exist; and (d) The use ofpretreatment deicing orantiskid agents in place ofaggregate street sanding materials to the greatestextentpossible; (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 endangerpublic safety; and (b) Removing street sandingmaterial from roads whenroad conditions become dry, using the most efficientcleaning devices onhigh traffic roads.Source: 22 SDR 104, effective February 11, 1996. GeneralAuthority: 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 ofgreater than 6 for 70 percent ofthe material appliedto the streets for deicing or skid control; (2) No more than 3 percent ofthe total particle material contentby weightmay pass through aNo. 200 sieve.as described in ASTM C136-93, "StandardTestMethod for SieveAnalysis ofFine and Course Aggregates," November 1993. For street sanding material, these criteria only apply to the material before the addition of salts or chemicals. Material ofa lesserhardness maybe used on inclined or curvedroads for safety purposes orwhere it can be demonstratedthat amaterial canprovide at least a 25 percentreduction in airpollutants. 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 ofEnvironment andNatural Resources free ofcharge. Standard Test Method for Sieve Analysis ofFine and Course Aggregates, designation C 136-93, 4 pages, American Society for Testing and Materials, November 1993. Copies are available from ASTM, 100 BarrHarborDrive, 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 ordisapproval period. The planmust includethe following: (1) A description ofthe reasonable available control technologies in §74:36:17:02 that the entity intendsto use; (2) A description ofhowthe requirements in§ 74:36:17:03 will be attained; (3) Adescription ofthetestmethods used in determining attainmentwith§ 74:36:17:03; (4) An emissions inventory ofthe streets in the Rapid Cityzone; (5) A map identifying street cleaning areas, frequency ofcleaning, priorities, and the type of street cleaning device used in each area.Ifelements ofthe 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 ofthe modifications is the same as theprocedure for the original plan. Source: 22 SDR 104, effective February 11, 1996. GeneralAuthority: 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 sandingand sweeping recordkeeping. Operators ofstreet 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 containthe following documentation: (1) Street sanding: (a) Date; (b) Sandingroute and area; (c) Streetconditions; (d) Type and amount ofsandingmaterial used; and (e) Miles driven; (2) Street sweeping: (a) Date; (b) Areacleaned; and (c) Type ofvehicle used. Source: 22 SDR 104, effective February 11, 1996. GeneralAuthority: 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 ofany user of street sanding material covered by this chapter for the purpose ofobtaining samples ofmaterials, inspectingrecords, orconducting any inspection authorized under SDCL chapter 34A-1. Source: 22 SDR 104, effective February 11, 1996. GeneralAuthority: 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. CHAPTER74:36:18 REGULATIONS FOR STATE FACILITIES IN THE RAPID CITYAREA

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 Permitrequired. Time period for permits andrenewals. Required contents ofa complete application for apermit. Contents ofpermit. Permitexpiration. Renewal ofpermit. Reasonably available control technologyrequired. Visible emissions limitfor construction and continuous operationactivities. Exceptionto visible emission limit. Notice ofoperating noncompliance-- Contents.

74:36:18:01. Definitions. Unless otherwise specified, the terms used inthis chaptermean: (1) "Construction activity," any temporary activity at a state facility, which involves the removal or alteration ofthe natural or pre-existing cover ofone acre or more ofland. One acre of surface area is based on a cumulative area ofanticipated 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 ofparticulate to be released into the ambient air: (a) Unpavedparking lots and storage lots one acre ormore in size; (b) Paved parking lots to which deicing and traction materials are applied during adverse weather; (c) Storagepiles and activities associated withhandling ofthe stockpile material; (d) The applying ofdeicing and traction materials on and cleaning ofstreets, 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 ofparticulate determined on a case-by-case basis by the secretary to meet the requirements ofthis chapter, taking into account energy, the environment, economic impacts, and othercosts; (4) "Rapid City air quality control zone," a 10-mile by 14-mile area within the following boundaries: (a) Commencing at the northwestcomerofSection 15, Township 2north, Range 6east; (b) Eastto the northeast comerofSection 14, Township 2 north, Range 8east; (c) Southto the southeastcomerofSection 35, Township 1north, Range 8east; (d) Westto the southwestcomerofSection 34, Township 1north, Range 6east; and (e) Northto the pointofbeginning; (5) "State facility," any state agency, state-owned or state-leased property, or property subjectto atemporary state easementinthe Rapid City airquality 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 statehighways orthe state interstate system withinthe Rapidcity air quality control zone. Source: 28 SDR 178, effective July 1, 2002. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:18:02. Applicability. The requirements ofthis chapter apply to state facilities and state contractors that conduct a construction activity or continuous operation activity in the Rapid City airquality 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 ifcircumstances warrant an extension. Source: 28 SDR 178, effective July 1, 2002. GeneralAuthority: 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 constructionactivity orcontinuous operation activity permit is issued for a period up to five years and all subsequent permits are for periods offive years. Source: 28 SDR 178, effective July 1, 2002. GeneralAuthority: 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 informationto be considered complete: (1) General company information, including the company name and address, the owner's name and agent, and the plant site managerorcontact;(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 ofequipmentused; (4) Description ofthe reasonably available control technology used to control the fugitive emissions; and (5) For construction activities, the proposed date for commencement and termination ofthe construction activity. Source: 28 SDR 178, effective July 1, 2002. GeneralAuthority: 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 activitypermit shall include the following: (1) The signature ofeitherthe secretaryorthe chairman; (2) The name ofthe person, company, political subdivision, agency, or institution granted a permit; (3) Thetype ofoperation; (4) The mailing address; (5) The date the permitwas granted and onwhichitwill expire; (6) Apermitnumber; (7) The name ofa designatedperson or officerresponsible for thepermitted activity; (8) A statement granting apermitby the board or secretary and any conditions thatthe board or secretarymay impose to ensure compliance withthe Act; (9) Emission limits and standards necessary to assure compliance with applicable requirements ofthe Clean AirAct; (10) Record keeping andreportingrequirements; (11) A severability clause to ensure the continued validity of the various permit requirements ifanyportion ofthepermit are challenged; and (12) Provisions statingthe following: (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, permit termination, revocation ormodification, orfor denial ofapermitrenewal application; (b) Thepermitmaybe modified, revoked, orterminated for cause; (c) The permit does not convey any property rights ofany 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, orterminating 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 atimely and completerenewal applicationhas been submittedto the secretary. Source: 28 SDR 178, effective July 1, 2002. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:18:08. Renewal ofpermit. Permits being renewed are subjectto 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. GeneralAuthority: 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 ofparticulate from exceeding the visible emission limit specified in §74:36:18:10. Source: 28 SDR 178, effective July 1, 2002. GeneralAuthority: 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 ofa 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 oftwo minute averages with a minimum ofa total of six minutes ofreadings. The Environmental Protection Agency's Method 9 in 40 C.P.R. Part 60, Appendix A (July 1, 2009) shall be usedto determinethe opacity. Source: 28 SDR 178, effective July 1, 2002; 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 ifall three ofthe following meteorological conditions exist:

snow;(1) Five consecutive days of 0.02 inches or less of precipitation each day excluding dry (2) Forecastedpeakwind gusts greaterthan40 miles perhour; and (3) Forecasted average hourlywind speed greaterthan 20 miles perhour. Source: 28 SDR 178, effective July 1, 2002. GeneralAuthority: 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 ofoperating noncompliance -- Contents. Ifthe secretary determines that the operation ofa source is not in compliance with this article, the Clean Air Act, or permit conditions, the secretarymay issue a notice ofsuch a finding to the permitholderoroperatorofthe source. The notice must contain citations to the rules, statutes, or permit conditions violated and the alleged facts upon whichthe 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. CHAPTER74:36:19 MERCURYBUDGETTRADINGPROGRAM (Repealed. 36 SDR 207, effectiveJune 28, 2010)

CHAPTER74:36:20 CONSTRUCTION PERMITS FORNEW SOURCES ORMODIFICATIONS

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. Constructionpermitrequired. Initiating constructionpriorto permitissuance. Constructionpermitexemption. Emissionunitexemptions. Standardfor issuance ofconstructionpermit. Timely and complete application for a constructionpermitrequired. Required contents ofcomplete applicationfor a constructionpermit. Applicantrequiredto supplement orcorrect application. Permit application

-- Completenessreview. Time periodfor department's recommendation. Public participation inpermittingprocess. Public review ofdepartment's draftpermit. Final permit decision-- Notice to interestedpersons. Rightto petitionfor contested casehearing. Contents ofconstructionpermit. Administrativepermitamendment. Procedures for administrativepermitamendments. Reopening constructionpermitfor cause. Procedures to reopen constructionpermit. Constructionpermit does notexemptfrom otherrequirements. Expirationofa constructionpermit. Notice ofconstructing oroperating noncompliance-- Contents. Petitionfor contested case oralleged violation. Circumvention ofemissions not allowed.74:36:20:01. Applicability. The requirements ofthischapter apply to the construction ofall new sources ormodificationsto existing sources. Source: 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: 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 ofair pollutants into the ambient air or any equipment that prevents or controls the emission ofair 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 SDR207, 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 ofa new source or modification to an existing source may initiate constructionpriorto issuance of the construction permit by the department if the owner or operator meets the following requirements: (1) The owner or operatorhas submitted a constructionpermit application to the department in accordance with §74:36:20:06; (2) The owner or operator has submitted a notification to the department ofits intentions to initiate construction priorto issuance ofthe constructionpermitfive 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. Theprovisions in chapter 74:36:09 or74:36:10remain 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 74:36:10; (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 limitthe sources potential to emitbelowthe 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 allowedto operate the equipment in any waythatmay emit any airpollutantpriorto receiving a constructionpermit; (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 willinterfere 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 ofan existing sourcethatmaybe imposed inthe issued constructionpermit. 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 ormodifications to an existing source are exemptfrom obtaining a constructionpermit: (1) A new source or modification to an existing source meeting the requirements ofchapter 74:36:09; (2) A new source or modification to an existing source meeting the requirements ofchapter 74:36: 10; (3) A new source ormodificationto an existing source authorized under a general permit; or (4) A source that meets the exemptionrequirements of§§ 74:36:04:02.01 and 74:36:05:04. Source: 36 SDR207, 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 ofless than 1 00 pounds per hour combined burning capacity that combustmunicipal orhousehold waste; (2) A mobile internal combustion engme, including those m autos, trucks, tractors, airplanes, locomotives, andboats; (3) Laboratoryequipmentused exclusively for chemical orphysical analysis; (4) A unit that has a heat input capability ofnot more than 3,500,000 Btus per hour, except for units fueled withwood orcoal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, orpaving parking lots;(7) A unit that has the potential to emit two tons or less per year ofany 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 whetherthe source is required to obtain a constructionpermit. Source: 36 SDR207, effective June 28,2010. GeneralAuthority: 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 ifit has been shown that the operation ofthe new source ormodification to an existing source will notprevent or interfere with the attainment or maintenance ofan 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 orby any other dispersiontechnique 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 justifiedunder SDCL 34A-1-19. Source: 36 SDR207, effective June 28,2010. GeneralAuthority: 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 ofcommencing construction ofthe new source or modification to an existing source. An applicationis completeifit meetstherequirements in§ 74:36:20:07. Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:20:07. Required contents ofcomplete application for a construction permit. An application for a construction permit for a new source or modification must include the following informationto be considered a complete application: (1) The following general companyinformation: (a) The company name and address or the plant name and address ifdifferent from the company name;(b) The owner's name and agent; and (c) The plant site manager orcontact; (2) A description ofthe plantand itsprocesses andproducts; (3) The following information on emissions: (a) Identification and description ofall emissionunits; (b) Fuels, fuel use, raw materials, andproductionrates; (c) Identification and description ofairpollution control equipment; (d) Limitations on source operation affecting emissions or any workpractice standards, if applicable, for all regulated airpollutants; (e) Other information required by any applicable requirements, including information related to stack height limits, such as the location of emission units, flow rates, building dimensions, and stack parameters, including height, diameter, and plume temperature, for all pollutantsregulated atthe source; (4) If available, a copy of any prepared plans and the specifications ofany equipment or other facilities that may affectthe source, includingpollution control devices; (5) A signed and notarizedcertification ofapplicant form; (6) The results ofany air dispersion modelingrequired bythe department; (7) The results ofany stackperformancetesting requiredbythe department; and (8) Any other information requested by the department that is relevant to determining compliance withthe act orthe CleanAirAct. The application must be signedby the responsible official ordesignatedrepresentative. Source: 36 SDR207, effectiveJune 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 orcorrect application. Ifthe applicant is aware that the application is incomplete or that any relevant facts or information contained in an application are incorrect, the applicant shall submit the supplementary facts or corrected information. The applicant shall provide additional information as necessary to address requirements that become applicable afterthe application is filed but before the release ofthe draft permit. Source: 36 SDR207, 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 completenessreview ofeachpermitapplicationreceived, as follows: (1) Within 30 days after submission of an application for a construction permit, the department shall notify the applicant in writing whether or not the application is complete or incomplete. Ifthe departmentdoes notnotifythe applicantthatthe application is incomplete within 30 days after receipt ofthe application, the application is considered complete. The departmentmay at any time during the processing ofthe applicationrequest, in writing, additional information necessaryto evaluate ortake final action onthe application; (2) Ifthe application is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to complete the application. The applicant has 20 working days after receipt ofan incomplete notification or request for additional information to submit the information, unless an extension beyond the 20 working days is approvedby 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 ifthe applicationis oris notcomplete. Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 ofa construction permit within 180 days after the submission ofa complete application and all other additional information necessary for the departmentto 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 departmentto act on an application entitles the applicantto petition for and obtain a contested case review ofthe application without waiting for a department recommendation. The petition must conformto the requirements ofarticle 74:09. Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 ofthe draft permit to the applicant. The department shall publish a public notice ofthe draft permit once in a legal newspaper in the county where the source is located. The notice must include a 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 ofthe notice; a description ofthe 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 ofthe draft permit or other information may be obtained. The department shall provide to the interestedparties a 30-daynotice ofanyhearingto contest a draftpermit. Source: 36 SDR207, 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 thedraft permit as provided in§ 74:36:20:13. Arequest for a contested casehearingmustbe in writing and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are not based on applicable requirements ofthis article or the requirements ofthe CleanAirAct. Source: 36 SDR207, 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 ofthe end ofthe 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 ofthis section, the final permit decision means proposing apermitor denying apermit. The final permit shall be issued within 30 days ofnotifying the applicant and each person that submitted written comments orrequested notification ofthe final permit decision exceptunder the following conditions: (1) A latereffective 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 permitis issued atthe end ofthe public commentperiod. Source: 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34. 74:36:20:14. 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 ifthe person has an interest affected by the department's draft permit. Such petitions must comply with the provisions ofarticle 74:09 and be received by the department within 30 days after publication ofthe notice requiredby§ 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 ofarticle 74:09 and be received by the department within 30 days afterreceivingthe department's final permit decision. Ifthe draft permit or the final permit decision is contested, the department shall present the draft permit orfinal permitdecisionto the board for action in accordance with article 74:09. Source: 36 SDR207, 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 ofeitherthe secretary orthe chairman; (2) The name ofthe person, company, political subdivision, agency, or institution granted a permit; (3) Thetype ofoperation; (4) The facility and mailing address; (5) The date the constructionpermitwas granted; (6) Anumberfor administrative reference; (7) The timeline for submitting a timely and complete application for a minor source operatingpermitorPart 70 source operatingpermit; (8) A statement granting a construction permit by the board or secretary and any conditions thatthe board or secretarymay imposeto ensure compliance withthe act and the CleanAirAct; (9) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to ensure compliance with applicable requirements ofthe act and the CleanAirAct; (10) Monitoring, recordkeeping, and reporting requirements necessary to determine compliance withthe constructionpermit; (11) A severability clause to ensure the continued validity of the various permit requirements ifany portions ofthe permitare challenged; and (12) Provisions statingthe following: (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes aviolation and is grounds for enforcementaction; (b) The construction permit does not convey any property rights of any sort or any exclusiveprivilege; and (c) The permittee shall provide any information, including records, requested in writing by the departmentto determine compliance. Source: 36 SDR207, 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 arevisionto an operating permit meeting the requirements of§ 74:36:01:03. An application for an administrative permit amendment shall contain a description ofthe change and documentation supporting the applicant's claim that the revision qualifies as an administrative permit amendment. Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: 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 amendmentimmediately 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 withoutthe procedural requirements applicable to obtaininga constructionpermit. Source: 36 SDR207, effective June 28,2010. GeneralAuthority: 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 withthe applicable requirements ofthisarticle and the CleanAirAct. Source: 36 SDR207, 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 ofthe permit for which causeto reopen exists. Source: 36 SDR207, 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 ofa construction permit for a new source or modification to an existing source does not exempt the new source or modification to an existing source from obtaining the applicable operating permit pursuant to chapter 74:36:04 or 74:36:05 or from the obligation to comply with the applicable emission limitations orrequirements ofthe Clean AirAct. Source: 36 SDR207, 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 ifthe construction ofthe new source or modificationto 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 ifconstruction is not completed within ten years ofthe effective date. If a construction permit expires, the applicant's authority to commence construction or complete construction ofthe new source ormodificationto an existing source is terminated. Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21.LawImplemented: SDCL 34A-1-21. 74:36:20:22. Notice of constructing or operating noncompliance

-- Contents. If the department determines that the construction or operation ofa source is not in compliance with this article, the Clean Air act, orpermit conditions, the department may issue a notice ofsuch 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 ofthe alleged violator, may settle an issue ofnoncompliance by entering into a compliance agreement with the source that specifies the date for final compliance ofthe source and any penalties under SDCL 34A-1-39. Ifa compliance agreement is not negotiated, the department may petition the chairman ofthe board for a contested case hearing ormay file acivilpenaltyor injunctive action in circuitcourt. Source: 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 scheduledpursuantto theprovisions ofchapter 74:09:01, orto request that the constructionpermitbe suspendedorrevoked for noncompliance. Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-47, 34A-1-49. 74:36:20:24. Circumvention ofemissions not allowed. A person may not install or cause the installation or use ofa device or a means that conceals or dilutes an emission ofair 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 whichtheywere designedto be emitted. Source: 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 CHAPTER74:36:21 REGIONALHAZEPROGRAM

Applicability. Definitions. Existing stationaryfacility 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 BARTdeterminationfor a BART-eligible coal-firedpowerplant. Installationofcontrols basedonvisibility impact analysis orBARTdetermination. Operationandmaintenance ofcontrols. Monitoring, recordkeeping, andreporting. Permitto construct. Permitrequired for BARTdetermination. Federal landmanagernotification andreview.

74:36:21:01. Applicability. The provisions ofthis chapterapply 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 applicableto chapters 74:36:09 and 74:36:10. Source: 37 SDR 111, effective December7, 2010. GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-6. 74:36:21:02. Definitions. Unless otherwise specified, the terms used inthis chaptermean: (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 howthese factors correlate withtimes ofvisitoruse ofamandatory Class Ifederal area and the frequency and timing ofnatural conditions thatreduce 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 ofthe best system ofcontinuous emission reduction for each pollutant that is emittedby an existing stationary facility. The emission limitation must be established, on a case-by-casebasis, 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 ofthe source, and the degree ofimprovement invisibility that mayreasonable be anticipatedto result from the use of such technology; (4) "BART-eligible source," an existing stationary facility; (5) "Coal-firedpowerplant," 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 ofcoal into electric power; (6) "Contribute to adverse impact on visibility," a change in visibility impairment in a mandatory Class I federal area offive-tenths deciviews ormore, based ona 24-hour average, above the average natural visibility baseline. A source exceeds the threshold ifthe 98th percentile (eighthhighest value) ofthe modeling results, based on one year ofthe three years ofmeteorological data modeled, equals orexceeds 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 December7, 2010. GeneralAuthority: 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 ofair 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 ofany air pollutant. In determining potential to emit, fugitive emissions, to the extentquantifiable, mustbe counted for: (1) Fossil-fuel fired steam electric plants ofmore than 250 million British thermal units per hour heat input; (2) Coal cleaningplants (thermal dryers); (3) Kraftpulp mills; (4) Portlandcementplants; (5) Primary zinc smelters; (6) Iron and steel mill plants; (7) Primary aluminum ore reductionplants; (8) Primarycopper smelters; (9) Municipal incinerators capable ofchargingmorethan 250 tons ofrefuse perday; (10) Hydrofluoric, sulfuric, and nitric acidplants; (11) Petroleumrefineries; (12) Lime plants; (13) Phosphate rockprocessingplants; (14) Coke ovenbatteries; (15) Sulfurrecoveryplants; (16) Carbonblackplants (furnaceprocess); (17) Primarylead smelters; (18) Fuel conversionplants; (19) Sinteringplants; (20) Secondarymetalproductionfacilities; (21) Chemicalprocessplants; (22) Fossil-fuel boilers ofmorethan 250 millionBritishthermal units perhourheat input; (23) Petroleum storage and transfer facilities with acapacity exceeding 300,000 barrels; (24) Taconite oreprocessing facilities; (25) Glass fiber processingplants; and

### (26) Charcoal productionfacilities. Source: 37 SDR 111, effective December 7, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:21:04. Visibility impact analysis. The owner or operator ofa 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, SubpartW (July 1, 2009). Source: 37 SDR 111, effective December7, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:21:05. BART determination. The owner or operator ofa 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 ofcompliance, the energy and nonair quality environmental impacts ofcompliance, any pollution control equipment in use at the source, the remaining useful life ofthe 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 Ifederal area. Source: 37 SDR 111, effective December 7, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:21:06. BART determination for a BART-eligible coal-fired power plant. The owner or operator ofa BART-eligible coal-fired power plant may not cause or permit emissions of the following regulated airpollutantin excess ofthe following amounts:

.(1) 

### PM10 emissions in excess of 67.3 pounds per hour, which includes periods ofstartup and shutdown; (2) PM10 emissions in excess of0.012 pounds per million Btus, which includes periods of startup and shutdown; (3) Sulfur dioxide emissions in excess of505 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 includeperiods ofstartup and shutdown; (5) Nitrogen oxide emissions in excess of561 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 includeperiods ofstartup and shutdown. Compliance with the PM 1 0 emission limits shall be based on an annual stack performance test using the average ofthree 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- dayrolling average. Source: 37 SDR 111, effective December7, 2010. GeneralAuthority: 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 ofa 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 avisibility impact analysis at initial startup. The owner or operator ofa 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 ofthe state implementationplanfor regional haze. Source: 37 SDR 111, effective December7, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:21:08. Operation and maintenance ofcontrols. The owner or operator required to install and operate controls established in a visibility impact analysis orBART determination shall establish written procedures to ensure the control equipment is properly operated and maintained. The writtenprocedures shall include, at aminimum, 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 properoperationand maintenance ofeach control device; and (3) Parametersto be monitoredto determine each control device is being operatedproperly. Source: 37 SDR 111, effective December7, 2010. GeneralAuthority: 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 airpollutants from aBART-eligible source orfrom amajor source ormodificationofamajor source shall be in accordance with§ 74:36:05:16.01(9). Recordkeeping andreporting shall comply withthe requirements in§ 74:36:05: 16.01(9). Source: 37 SDR 111, effective December7, 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 ifthe department determines that the new major source or modification to a major source does not contribute to adverse impact on visibility at amandatory Class Ifederal area. Source: 37 SDR 111, effective December 7, 2010. GeneralAuthority: 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 ifthe 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 ofa BART determination shall include a copy ofthe 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 ofthe federal land managerbeing notified ofa BART determination or by the end ofthe public participation process, whichever is later. Apermit application for a new major source ormodificationto amajor 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 ofthe public participation process, whichever is later. The department shall follow the procedures outlined in chapter74:36:09 or 74:36:10 for an application submitted m accordance with chapter 74:36:09 or 74:36:10. Source: 37 SDR 111, effective December7, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.