74:36:18 74:36:19 74:36:20

Section 74:36:01:01 74:36:01:02 74:36:01:03 74:36:01:04 74:36:01:05 74:36:01:06 74:36:01:07 74:36:01:08 74:36:01:09 74:36:01:10 74:36:01:11 74:36:01:12 Regulations for statefacilities intheRapid City area. Mercurybudgettradingprogram, Repealed. Constructionpermits for new sources ormodifications

CHAPTER74:36:01 DEFINITIONS

Definitions. Repealed. Administrativepermit amendmentdefined. Affected states defined. Applicablerequirements ofthe CleanAirActdefined. Complete application defined. Repealed. Major source defined. Categories ofsources defined. Modification defined. National ambient air quality standard (NAAQS). Potentialto emit defined. 

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• 74:36:01:13 74:36:01:14 74:36:01:15 74:36:01:16 74:36:01:17 74:36:01:18 74:36:01:19 74:36:01:20 Process weightrate defined. Repealed. Rygulated airpollutant defined. Responsible official defined. Repealed. Municipal solid waste landfill defined. Existingmunicipal solid waste landfill defined. Physical changein orchangeinthemethodofoperation. 74:36:01:21 Commenced construction defined. 74:36:01:01. Defmitions. Unless otherwise specified, the terms used inthis articlemean: (1) "Act," chapter 34A-1 ofthe South Dakota Codified Laws; (2) "Acid rain permit," a legallybinding written document orportion ofa document thatis issued by the department and specifies the acid rain program requirements applicable to an affected source and to the owners and operators and the designated representative ofthe affected source; (3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program establishedinaccordance withTitle N ofthe CleanAir Act; (4) "Administrator," the administrator of the Environmental Protection Agency or the secretary ef the Dej3artm.eet ef ER-vireRfReet and Nataral Reseurees or their authorized representatives; 3(5) "Affected source," a source that includes one or more affected units under Title IV of • the CleanAir Act; (6) "Affected unit," a unit that is subject to any ofthe emission reduction requirements or emissionlimitspursuantto Title IV ofthe Clean Air Act orchapter74:36:16; (7) "Air pollutant," one or a combination ofthe regulated air pollutants listed in§ 74:36:0 (8) "Allowable emissions," the emissionrate calculated using the maximum rated capacity of a source unless the source is subject to federally enforceable limits which restrict operating rate, hours ofoperation, orboth, and the most stringent ofthe following: (a) The applicable new sourceperformance standards in chapter 74:36:07; (b) The applicablenational emission standards in chapter74:36:08; (c) Any applicable emission limitations specified in this article, including those with a future compliance date; (d) The emissionrate specified as apermit condition; or (e) The applicable standards in40 C.P.R. Part 60, 61, or 63 (July 1, 2005 July 1, 2009); (9) "Ambient air," that portion of the atmosphere external to buildings to which the general public has access; (10) "ASTM," theAmerican Societyfor Testing and Materials; (11) "Board," the Board ofMinerals and Environment; (12) "Btu," Britishthermal unit; (13) "CO," carbonmonoxide; (14) "Chairman," chairman oftheboard; (15) "Clean Air Act," the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., as amended throughNovember 15, 1990; 4 

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

### No. 101-549, November 15, 1990; (17) "Control equipment," adevice which prevents orreduces emissions; (18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead; (19) "Department," the SouthDakotaDepartment ofEnvironment and Natural Resources; (20) "Designated representative," the responsible person or official authorized by the owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to the unit and the submission ofand compliance with permits, permit applications, and complianceplans for the unit; (21) "Draft permit," the version of a permit for which the department offers public participation or affected statereview; (22) "Emissions allowable under the permit," a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit, including work practice standards, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject; (23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a single unit;

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### (24) "Emission unit" or "Unit," any part or activity ofa stationary source which emits or • has the potential to emit a regulated air pollutant regHlatea ffilaer 

### or any pollutant listed under section 112(b) ofthe aet Clean Air Act; (25) "EPA," the Environmental ProtectionAgency; (26) "Equivalent method," any method ofsampling and analysis for an airpollutant which has a consistent and quantitatively known relationship to the reference method under specified conditions; (27) "Existing source," a source thathas an approved state-issued variance orpermit; (28) "Facility," a building, structure, or installation ofpollutant-emitting activities which belong to the same industrial grouping, located on one ormore contiguous or adjacent properties and under the control of the same person or of persons under common control, except the activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial grouping iftheybelong to the same major group, i.e., have the same two-digit code, as described in the Standard Industrial Classification Manual, 1987; (29) "Federally enforceable," all limits and conditions that are enforceable by the administrator of EPA pursuant to federal law. These limits and conditions include those requirements developed pursuant to this article, those appearing in 40 C.P.R. §§ 60 and 61 (-klly 

### 1, 2005 July 1, 2009), requirements within the state implementation plan, and permit requirements establishedpursuant to this article or 40 C.P.R. §51 Subpart I (July 

### 1, 2005 July 1, 2009). The use ofthis term does not impede the department's authorityunder state law to enforce these limits and conditions; (30) "Final permit" the version ofan operating permit issued by the permitting authority for a source thathas completed all required reviewprocedures; 6 

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• (31) "Fil<ed eapital eost," the eapital Heeded to provide all depreeiable 60Hl:flOB:effis;**~** ill} 

### "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components used in the process ofburning fuel or other combustible material for the primary purposes ofproducingheat orpowerbyindirectheat transfer;**~** 

## ® "Fugitive emissions," those air pollutants which could not reasonably pass through a stack, chimney, vent, orother functionally equivalent opening;**~ ~**  

### "Generalpermit," apermitissuedbytheboardin accordance with SDCL 34A-l56 thatmaybe made applicable to numerous similar sources;**~** 

### (34) "Heat input," the aggregate heat content of all fuels whose products of combustion pass through a stack or stacks, using the heat input value of the equipment manufacturer's ordesigner's guaranteed maximum input, whicheveris greater;**~@** 

### "Incinerator," a furnace used to b.urn solid waste to reduce the volume of the wastebyremoving its combustiblematerial; f3+j QQ)_ 

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

### "Minor source," a source whose potential emissions of a criteria pollutant are less than 100 tons a year and which does not meet the definition ofa Part 70 source; 

### (39) ":Mffi'lieipal tyj:le solid waste," as defiB:ed iB: 40 

### C.P.R. §

### €i0.51a(July 1, 2005); f40j 

### QID. "New source," a source that has not been constructed and does not possess a permit or an approved state-issued variance;

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## f4-8 (39) "Nonattainment area," an area that does not meet or that contributes to ambient • air quality in a nearby area that does not meet the national primary or secondary ambient air quality standard for thepollutant;**~** (40) "NSR," new sourcereview;**~** 

### .{±1} "Opacity," the degree to which emissions reduce the transmission oflight and obscurethe view ofan objectinthe background;**~** (42) "Open burning," theburning ofanymatter in such a manner that theproducts of combustion resulting from the burning are emitted directly into the ambient air without passage through a stack, duct, orchimney;**~** {1Jl "Operating permit," a written authorization issued bythe board or the secretary for the eonstrnetioB or operation ofa source; 

### f461 (44) "Owner or operator," any person who owns, leases, operates, controls, or supervises a source; 

## Mi1il Repealed; f48j (46) "Part 70 operating permit," any permit or group ofpermits covering a Part 70 sourcethatis issued, renewed, amended, orrevised; 

### 8-91 (47) "Part 70 source," any source subjectto§ 74:36:05:03;**~** (48) "Particulate matter," a broad class of chemically and physically diverse substancesthat exist as discrete particles, liquid droplets, orsolids overa widerange ofsizes;**~** (49) "Permit modification," a revision change to a source which operates under a minor source operating permit or Part 70 operating permit that meets the requirements of § 74:36:01:10;

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•**~ ~**  

### "Permit revision," a revisions to a minor source operating permit or Part 70 operating permit to incorporate a permit modification, administrative permit amendment, or minorpermit amendment;**~** li1} 

### "Person," an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or state agency or any legal successor, representative, agent, or agency ofthe foregoing;**~(52)** 

### "PMIO," particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measuredbyan applicable reference or equivalent method;**~{ill** 

### "Proposed Part 70 operatingpermit," a permit that the department has forwarded to EPA for review after the closure ofthe public notice period and after considering any public comments, including those from affected states;**~(54)** 

### "PSD," prevention ofsignificant deterioration;**~** .G1) 

### "Repealed;**~** .c2.2} 

### "Salvage operation," an operation conducted m whole or in part for the reclaiming ofproduct ormaterial;**~** .(2.1). 

### "Secretary," the secretary ofthe South Dakota Department ofEnvironment and Natural Resources oran authorized representative; 

## f69t 00 "Shutdown," the cessation of operation of any control equipment, process equipment, orprocess for anypurposes; 

### f6B .(2.21 

### "Smoke," small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, ofcarbon, ash, and other combustible material, that form avisibleplume 

### in the air;

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## ~ (60) "Source," a facility that emits or may emit any air pollutant regulated under the • CleanAirAct;**~** .(Ql) "Start-up," the setting into operation of any control equipment, process equipment, orprocess for anypurpose;**~** (62) "Title I," Title I ofthe Clean Air Act Amendments, provisions for attainment and maintenanceofnational ambient air qualitystandards; (65) "Title II," Title II ofthe CleaR Air Aet ,'\meru:lmeats, provisioHs relatiHg to mobile sourees; (66) "Title III," Title III ofthe Clean AirAet.Am61'ldm61'lts, hal'lardOHS airpollHtants; (6+1 

### @l "Title IV," Title IV oftheCleanAirActAmendments, acid deposition control; f681 (64) "TitleV," TitleV ofthe CleanAirActAmendments, permits;

# ~ {22 "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone • protection; (70) "Title VII," Title VII of the CleaR Air Aet Am61'ldm.eats, provisioHs relatiHg to eHforeemeat; (71) "Title VIII," Title VIII ofthe Cleaaz'\irA:et ,'\meHdm.eats, miseellaaeEH:lS provisioHs; (72) "Title IX," Title IX ofthe CleaaAirAet ,'\meHdm.el'lts, elean airreseareh; (73) "Title X," Title X of the CleaR Air f.et Amendmen-ts, disadvantaged eHsiHess eoHeerns; (74) "Title XI," Title XI of the CleaR Air Aet Amendm.ents, elean air ernploYffi:en-1: traRsitioH assistaHee; (75) "Unit". or "emissioH unit," ffi17' portable or statim'lai)' equipment or aetivi-ty that emits orhas the poten-tial to emit a pollHtaatreglilated HndertheAet; 

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# •**~** (66) "Variance," a written authorization issued bytheboard to operate aminor source inan attainment area that is not in compliance with certainportions oftheAct; 

## f?+t (67) "VOC," "volatile organic compounds," aRy eompoood of earboH**'"~ish** partieipates iH atffiosphefie photoelJ.emieeJ feaetioHS,**e~WlHdiHg** ear90H ffiOHOXiae, ear90H dioxide, ear9oHi6 aeid, meta!lie ear9iaes Of ear9oHates, aRS amm:OHiHHl ear9oHate and exelHdiHg the follOV/lHg, wfl:ieh have9eeH detef!HiHed to ha-Ve Heg}igi9le photoehemiea} feaetiv-ity; aeetoHe; methaNe; etha-He; methyleae ehloride (diehlommetha-Hej; 1, 1,1 triehlomethane (methyl ehlomfofffi:); 1,1,2 triehlom 1,2,2 triflHofoethaRe (CFC 113); triehloroflHommethaRe (CFC 11); diehlomdiflaommethaRe (CFC 12); ehlofodifloommethane (HCFC 22); trifloommethaHe (HFC 23) 1,2 dieh1om 1,I,2,2 tetfaflaomethane (CFC 114); ehlompeataflaometha-He (CFC 115) I,1,1 triflaom 2,2 dieh1ometha-He (HCFC 123); 1,1,1,2 tetffiflHometaa-He (HFC 134a); 1,1 dieh1om 1 • flaomethaRe (HCFC 1419) 1 ehlom 1,1 difl'l:lomethane (HCFC 1429); 2 eh1om 1,1,1,2 tetffifll:lOFOetfla-He (HCFC 124); peatafll:lomethaRe (HFC 125); 1,1,2,2 tetmflHomethaRe (HFC 134); 1,1,1 trifl'l:lomethane (HFC 143a); 1,1 diflHomethane (HFC 152a); 1,1,1,2,3,4,4,5,5,5 

# • deeafl'l:lompeatane (HFC 43 1Qmee); 3,3 diehlom 1,1,1,2,2 peHtafl'l:lompmpane (HCFC 225ea); 1,3 dieh1ofo 1,1,2,2,3 peHtaflaompmpa-He (HCFC 225eb); paraeh1om9enzotriflaoride (PCBTF); eyslie, 9fa-Hehed, Of liHear eompletely methylated siloxanes; peFShlOFOeiliyleHe (tetfaeh1omethyleHe); diflHommetha-He (HFC 32); ethylfl'l:loride (HFC Hil); 1,1,1,3,3,3 hexaflHompmpa-He (HFC 239fa); 1,1,2,2,3 peHtaflaompmpaHe (HFC 245ea); 1,1,2,3,3 peHtai11iOFOpFopane (HFC 245ea); 1,1,1,2,3 peHtafl'l:lofopmpa-He (HFC 245ee); 1,1,1,3,3 peHtafl'l:lompmpane (HFC 245fa); 1,1,1,2,3,3 hexafl'l:lofopmpa-He (HFC 239ea); 1,1,1,3,3, peHtafl'l:lombata-He (HFC 395mfe); ehlomflNommetha-He (HCFC 31); 1 ehlom 1 flHometha-He (HCFC 151a); 1,2 diehlOFO 1,1,2 trifl'l:lometha-He (HCFC 123a); 1,1,1,2,2,3,3,4,4 HOHafl'l:lofO 4 11

### methoxy el:ltane

## (C~GGH;,: or HFe 7100); 2 (difl.uoromeilioX)'R'I:ethyl) 1,1,1,2,3,3,3 •**hept~or9J3rOflane** 

### ((CF;;hGFCF;!,GCI4); 1 ethoKy 1,1,2,2,3,3,4,4,4**no~orobl:ltaB:e fC~GG~**  

### or HFe 7200); 2 (ethoJ<)'€lifluoromethyl) 1,1,1,2,3,3,3**hept~oroproflane (fc.F;;h~GG~);**  

### meiliyl aeetate; 1,1,1,2,2,3,3 heptafl.uoro 3 methmcy proflaB:e (fl C;;F+GGH;;,..-,**--tcHH-f'IOB,..-7~-+:0IY0Y-0)r.-;-~3He6fthruo:H<KM~Y'--'1r.-,1~:-;,+,l,,;;2~,3-:"-,41-:',4+-;:,5::h,~5,:a6-::e,6t-,E,a~d~o*d~estsal:fflml:l:O'erfEoh2=-tt(tnrt'flH·rulio'lfrelomffi:elet:ah;¥H'l)** 

### heKane (HFB 7500); 1,1,1,2,3,3,3 heptafluoropropane (HFC227ea); methyl formate (HCOOCH;;); and

### perfl.uoroearbon SEliDflOI:lOOS ·wffieh fall into these slasses: (a) Cyelie, erae.ehed, or linear eompletelyfluorinated alkaaes; (b) 

### Cyelie, brae.ehed, orliaear soH!:fllewly floorinatea etheFS ·.vith oo Hnsaruratioas; (e) Cyelis, branehed, or linear sompletely f1uorinated tertiary amines ·.vita ao l:lflsataratioas; and (d) 

### 81:ilfur eontaining flertluoroearboas with oo l:lflSatl:lratioas and 

### ·.vith sHlfur bonds • onlyto earbon and fluorine; as defined in40 C.F.R. § 51.100(s) (July 1, 2009)**~** {@ "Wire reclamation furnace," a furnace that uses either direct or indirect heat transferto salvage nonferrous metalsthroughthethermal destruction ofsolid waste materials;**~** (69) "PM2.5," particulatematter withan aerodynamic diameter less than orequal to a nominal 2.5 micrometers as measuredbyan applicablereference or equivalentmethod; f8Q) (70) "802," sulfur dioxide; and f&Billl"N02," nitrogen**dioxide:~** and (72) "Constructionpermit," a written authorization issuedbytheboard orthe secretary for the construction and operation ofa new source ormodificationto anexisting source. 

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


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• § 34:10:01:01, 7 SDR4, effective July27, 1980;transferred from §44:10:01 :01, effectiveJuly 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiveJanuary2, 2005; 32 SDR209, effective June 13,2006. 

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

### LawImplemented: SDCL34A-1-6. 

### Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies maybe obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87- 100012. Cost: $31. 

### 74:36:01:05. Applicable requirements of the Clean Air Act defmed. Applicable requirements ofthe Clean Air Act include all ofthe following as they applyto emissions units in a Part 70 source, unless the context ofthe CleanAirActrequires otherwise: (1) Any standard or other requirement provided for inthe applicable implementation plan approved or promulgated by EPA through rulemaking under Title I ofthe Clean Air Act that 13implements the relevant requirements ofthe Clean Air Act, including any revisions to that plan • promulgated inPart 52 of40 C.P.R. (fuly 1, 2005 July 1, 2009); (2) Any term or condition ofany preconstruction permits issued pursuant to regulations approved through rulemaking under Title I, includingParts CorD, ofthe Clean AirAct; (3) Any standard or other requirement under § Ill of the Clean Air Act, including § Ill(d); (4) Any standard or other requirement under § 112 ofthe Clean Air Act, including any requirement concerning accidentpreventionunder§ 112(r)(7) oftheCleanAirAct; (5) Any standard or otherrequirement ofthe acidrain program under Title IV ofthe Clean AirAct ortheregulations promulgatedunder it; (6) Any monitoring, reporting, and certification requirements established pursuant to § 504(b) or 114(a)(3) ofthe CleanAir Act; (7) Any standard or other requirement governing solid waste incineration, under§ 129 of the CleanAir Act; (8) Any standard or other requirement for consumer and commercial products, under § 183(e) ofthe CleanAirAct; (9) Any standard or other requirement for tank vessels, under § 183(f) ofthe Clean Air Act; (I0) Any standard or other requirement ofthe program to control air pollution from outer continental shelfsources,under §328 ofthe CleanAirAct; (11) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI ofthe Clean Air Act, unless the administrator ofthe EPA has determined that suchrequirements need not be containedina Part 70 operatingpermit; and 14 

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• (12) Anynational ambient air quality standard orincrement orvisibilityrequirementunder Part C ofTitle I ofthe Clean Air Act, but only as it would apply to temporary sources permitted pursuantto § 504(e) ofthe CleanAir Act. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January2, 2005; 32 SDR209, effective June 13, 2006. General Authority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:01:10. Modification defmed. Modification is a physical change in or change in the method ofoperation ofa sourcethatresults inat least one ofthefollowing: (1) An increase in the amount ofan air pollutant emitted by that source or in the emission ofan airpollutantnotpreviously emitted; (2) A significant change to existing monitoring, reporting, or recordkeeping requirements inthe permit; (3) The change requires or changes a case-by-case determination ofan emission limit or other standard, a source-specific determination for temporary sources of ambient impacts, or a visibilityorincrement analysis; or (4) The change seeks to establish or change a permitterm or condition for which there is a corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable emissions cap assumed to avoid classification as 15a modification under anyprovision ofTitle I, or an alternative emissions limit approved pursuant • to regulations promulgatedunder§ 112(i)(5) ofthe CleanAirAct. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:02, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:02, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:20. Physical change in or change in the method of operation defined. A physical change inora changeinthe method ofoperation does notincludethe following: (1) Routinemaintenance,repair, andreplacement; (2) Use ofan alternative fuel orraw material because ofan order under§§ 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on January 1, 1993, or because ofa natural gas curtailment plan pursuant to the Federal Power Act as in effect onJanuary 1 , 1993; (3) Use ofan alternative fuel because ofanorder orruleunder§ 125 ofthe CleanAir Act; (4) Use at a steam generating unit of an alternative fuel that is generated from municipal solid waste; 16 

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# • (5) An increase in the hours ofoperation or in the production rate, unless the change is prohibited under a federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.P.R. § 52.21 (Jffiy 1, 2005 July l, 2009), or under regulations approved pursuantto 40 C.P.R. Part 51, SubpartI, or40 C.P.R. § 51.166 (Jffiy 1, 2005 July 1, 2009); (6) Anychange ofownership at a source; (7) The use ofan alternative fuel orraw materialbya source whichthe source was capable of accommodating before January 6, 1975, unless the change is prohibited under a federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.P.R. § 52.21**(Jt~ly** 

### l, 2005 July 

### 1. 2009), orunderregulations approved pursuantto 40 C.P.R. Part 51, SubpartI, or40 C.P.R.§ 51.166 (Jffiy 1, 2005 July 1, 2009); and (8) The use of an alternative fuel or raw material which the source is approved to use • under a permit issued under 40 C.P.R. § 52.21 (July 1, 2005 July 1, 2009) or under regulations approved pursuantto 40 C.P.R.§ 51.165 (Jtlly 1, 2005 July 1, 2009). Source: 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13,2006. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL34A-1-6. 74:36:01:21. Commenced construction defined. Commenced construction means the owneroroperatorhas all necessary construction approvals orpermits andhas: 

# • (1) Begun, or caused to begin, a continuous program ofactual on-site construction ofthe new source ormodificationto the existing source; or 17(2) Entered into abinding agreement or contractual obligation, which cannot be cancelled • or modified without substantial loss to the owner or operator to undertake a program ofactual construction ofthe source. Source: GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-6. CHAPTER 74:36:02 AMBIENT AIR QUALITY 

# • Section 74:36:02:01 Air quality goals. 74:36:02:02 Ambientair quality standards. 74:36:02:03 Methods ofsampling and analysis. 74:36:02:04 Airquality monitoring network. 74:36:02:05 Ambientairmonitoringrequirements.

74:36:02:02. Ambient air quality standards. The ambient air quality standards listed in 40 C.F.R. §§ 50.1 to 50.5, inclusive, (July 1, 2005 July 1, 2009); 40 C.F.R. § 50.6 (July 1, 

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### ~July 1, 2009); 40 C.P.R. § 50.7(a)(l), (b), and (c) (Jtdy 1, 2005 July 

### 1. 2009); 40 C.P.R. § 50.8 and 40 C.P.R. §§ 50.10 to 50.12, inclusive, (July 1, 2003 July 

### 1. 2009), define the types and levels ofair pollution above which the ambient air would limit the attainment ofthe goals specified in § 74:36:02:01. These standards apply to the entire state of South Dakota, and no person may cause these standards to be exceeded. The standards include normal background levels ofairpollutants. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:02, 7 SDR4, effectiveJuly 27, 1980; transferred from§ 44:10:02:02, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective • January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January2, 2005; 32 SDR 209, effectiveJune 13, 2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL34A-1-15. 74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter, sulfur dioxide, carbon monoxide, ozone, nitrogen dioxide, and lead listed in 40 C.P.R. Part 50 (J1:1ly 1, 2005 July 

### 1. 2009) shall be measured bythe reference method or methods stated in 40 C.P.R. Part 50, Appendix A to Appendix N, inclusive, (J1:1ly 1, 2005 July 1, 2009) or an equivalentmethoddesignatedin accordance with40C.P.R. Part 53 (J1:1ly 1, 2005 July 1, 2009). 

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19Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from • § 34:10:02:11,7 SDR4,effective July 27, 1980; transferred from§ 44:10:02:09, effectiveJuly 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:09, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15. 74:36:02:04. Air quality monitoring network. The department shall outline ambient air monitoring goals, changes, and network design in the air quality monitoring network. The department shall revise the air qualitymonitoring network as requiredby40 C.F.R. § 58.20 

### (J.Wy • 1, 2005 July 1, 2009). Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January2, 2005; 32 SDR209, effectiveJune 13, 2006. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15. 74:36:02:05. Ambient air monitoring requirements. The operation of ambient air monitoring required by the department shall be consistent with 40 C.F.R. Part 58 (July 1, 2005

20 

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

# •
• Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January2, 2005; 32 SDR 209, effectiveJune 13, 2006. GeneralAuthority: SDCL 34A-1-6, 34A-l-15. Law Implemented: SDCL 34A-1-15. CHAPTER 74:36:03 AIR QUALITY EPISODES

Section 74:36:03:01 Airpollutionemergencyepisode. 74:36:03:02 Episode emergencycontingencyplan.

74:36:03:01. Air pollution emergency episode. The proclamation of an air pollution emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.F.R. § 51.151 and Appendix L to Part 51 (J1:1ly 1, 2005 July 1, 2009), if the accumulation of air

21pollutants in anyplace is attaining orhas attained levels which could, ifsuchlevels are sustained • orexceeded, lead to a substantial threat to the health ofthe public. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:22,7 SDR4, effective July 27, 1980;transferred from§ 44:10:02:17, effectiveJuly 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:17, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January2, 2005; 32 SDR 209, effectiveJune 13, 2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15. 74:36:03:02. Episode emergency contingency plan. The department shall develop an episode emergency contingency plan and maintain it following the requirements in 40 C.P.R. § 51.152 (July 1, 2005 July 1, 2009). The department shall reevaluate the contingency plan in accordance with therequirements in40 C.P.R.§ 51.153 (July 1, 2005 July 1, 2009). Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006. General Authority: SDCL 34A-1-6, 34A-l-15. LawImplemented: SDCL 34A-1-15. CHAPTER74:36:04

22 

# •
•

# •
•
• Section 74:36:04:01 74:36:04:02 74:36:04:02.01 74:36:04:03 74:36:04:03.01 74:36:04:04 74:36:04:05 74:36:04:06 74:36:04:07 74:36:04:08 74:36:04:09 74:36:04:10 74:36:04:11 74:36:04:12 74:36:04:12.01 74:36:04:13 74:36:04:14 74:36:04:15 74:36:04:16 OPERATING PERMITS FORMINOR SOURCES

Applicability. Permit Minor source operatingpermitrequired. Minor source operatingpermit exemption. OfleratingfJef:!ftit Emissionunit exemptions. Minor source operatingpermitvariance. Standard for issuance ofoperatingpermit. Timeperiod for operatingpermits and renewals. Timely and complete application for operatingpermitrequired. Required contents ofcomplete application for operatingpermit. Applicantrequired to supplement or correct application. Permit application-- Completenessreview. Timeperiod for department's recommendation. D6flartment'sreeoHl:fl'lenaation on OfleratingfJertnit. Repealed. Publicparticipation inpermittingprocess. Publicreview ofdepartment's draftpermit. Final permitdecision-- Noticeto interestedpersons. Right to petitionfor contested casehearing. Contents ofoperatingpermit. Operatingpermitexpiration. 2374:36:04:17 74:36:04:18 74:36:04:19 74:36:04:20 74:36:04:20.01 74:36:04:20.02 74:36:04:20.03 74:36:04:20.04 74:36:04:21 74:36:04:22 74:36:04:23 74:36:04:24 Renewal ofoperatingpermit. Operatingpermitrevision. Administrativepermit amendment. Procedures for administrativepermit amendments. Minorpermit amendmentrequired. Requirements for minorpermit amendment. Application for minorpermit amendment. Departmentdeadline to approveminorpermit amendment. Permitmodifications. Source status change-- Newpermitrequired. Reopening operatingpermit for cause. Procedures to reopen operatingpermit. 74:36:04:25 and 74:36:04:26 Repealed. 74:36:04:27 Operating permit termination, modifieation revision, and revocation. 74:36:04:28 74:36:04:29 74:36:04:30 74:36:04:31 74:36:04:32 74:36:04:33 Notice ofoperating noncompliance -- Contents. Petition for contested case on alleged violation. Repealed. Circumventionofemissions notallowed. Generalpermits. Secretarymayrequire an individual permit.

24 

# •
•
•

# •
•
• 74:36:04:02. Pennit Minor source operating permit required. A person may not eoHstmet, iHstall, modifY, or operate any source or unit likely to cause the emission of air pollutants into the ambient air or any equipment which prevents or controls the emission ofair pollutants into the ambient airuntil the**~plieable** preeoHstmctioH a constructionpermit or minor source operatingpermithasbeenissuedbytheboardorthe secretary. Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:03.01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:08, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:08, 19 SDR 157, effectiveApril 22, 1993; 21 SDR 119, effectiveJanuary 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:02.01. Minor source operating permit exemption. The following sources are exempt from obtaining aminor source operatingpermit: (1) A source that has thepotential to emit 25 tons orless per year ofany criteriapollutant, except lead, beforethe application ofcontrol equipment; and (2) Any other source constructed for domestic purposes and not intended for use by an industry, manufacturer, orbusiness. Source: General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 25

# • 74:36:04:03. OfleFatiBg fllll'mH 

### Emission unit exemptions. The following ssurces sr emissionunits are exempt from sbt&iHiH:g inclusion in a minor source operatingpermitunless the source has requested federally enforceable permit conditions related to the emission unit(s) to avoid needing a Part 70 operating permit, sr a preveH:tisH sf sign.ificant EleterisratisH PSD preconstructionpermit, orNSRpreconstruction**permit~~** (1) A facili-ty 9J9efatffig aa iHeiHefatsr er One or moreincinerators ofless than 100pounds perhourcombinedburning capacitythatcombustmunicipal orhousehold waste; (2) A mobile internal combustion engine, including those in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratoryequipmentused exclusivelyfor chemical orphysical analysis; (4) A lffiitfu.eleEllly natural gasthatis\ised el<ellisively for spaceheating; •**~ill** A unit that has a heat input capability ofnot more than 3,500,000 Btus per hour, except for units fueled with wood orcoal;**~ill** An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, orpavingparkinglots; and (7) f.n emergeHoy electrical geHefatsrpswe!'eEl bypetrole\iffi prsd\icts; (8) A facility that has the pstefl:tial ts emit25 tsHs srless peryear sfaaycriteriapsllataat, except leaEl, befure the applicatisH sfcsHtrsl eEj:liipmeHt; (9) A \il'lit fueledbywaste silmeetiHgthereq\ii-remeflts sf§ 74:28:27:91; 

# • 26

# • fl-Gt-ill A unit that has the potential to emit two tons or less per year of any criteria pollutant before the application ofcontrol equipment. However, the criteria pollutant emissions from the unitmustbeincluded in determiningifthe source is aminor**sourc~** (11) ,'\fly other sot!feo eoastruetod for domostie flHFJloses and aot iffioadod for Hse by an iadHstry, manHfaeturer, orbusiaoss. 

### A sot!feo orAn 

### emission unitthat is exemptfrom permitting uader sHbdivisioas 

### (1) to fWj,**iaelt~sive,** 

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

### SL 1975, ch 16, § 1; 

### 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:16, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:25, effectiveJuly 1, 

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

### 74:26:01:25, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

# • January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effectiveJanuary2, 2005. GeneralAuthority: 

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

### SDCL 34A-1-19, 34A-1-21. Cross-References: 

### Operating permits for Part 70 sources, ch 74:36:05; Prevention of significant deterioration, ch 74:36:09. 74:36:04:03.01. Minor source operating permit variance. 

### The owner or operator ofa minor source mayrequest avariance from applicable emission standards. Thevariance will allow 27the minor source to operate in noncompliance with applicable emission standards. A minor • source is eligible for a variance ifitis locatedwithin an areathatisinattainment for allregulated air pollutants for which the source is requesting a variance. The minor source may not receive a variance if the source obtained a minor source operating permit by accepting federally enforceablepermit conditions to preventthe source from needing a Part 70 operatingpermit. The owner or operator desiring to obtain a variance must submit an application. The application must include the same provisions required by§ 74:36:04:07, the requirements and a compliance plan for which a variance is requested, and the facts relevant to establishing the burden ofproofrequired under SDCL 34A-l-27. The complianceplanmust outlinethe steps that will betaken to comeinto compliance and the completion date for each step. The board shall hold a hearing on the department's recommendation on a request for a variance. Anyperson affected bythe recommendation or anyperson interested in testifying either for or against the department's recommendationmay submit written commentsto the department or present oral testimony before the board at the hearing. After the hearing is closed, the board mayeitheF amend and approve, deny, or adopt the department's recommendation.

2005. Source: 23 SDR 106, effective December 29, 1996; 31 SDR 101, effective January 2, GeneralAuthority: SDCL 34A-l-6, 34A-1-19, 34A-1-24. LawImplemented: SDCL 34A-l-12, 34A-1-19, 34A-l-24.

28 

# •
•

# • Cross-Reference: Operatingpermits for Part70 sources, ch 74:36:05. Note: The procedural requirements for obtaining a variance are similar to the procedural requirements for obtaining a minor source operating permit, such as a timely and complete application, completeness review, statement of basis, public participation, and department recommendation, as outlinedin§§ 74:36:04:06 to 74:36:04:12, inclusive. 74:36:04:04. Standard for issuance ofa minor source operatingpermit. An 

### operating permit for a HeW 

### source orpermit 

### modification revision may be issued onlyifithas been shown that the operation ofthe HeW 

### source orpermit 

### modification revision will not prevent or interfere with the attainment or maintenance of an applicable national ambient air quality standard. • Compliance withthis requirement as determined byairpollution dispersion modelingis 

### shall not 

# • be affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in40 C.P.R. § 51.100 (July 1, 2005 July 1, 

### 2009). Each HeW 

### source, 

### eKisting sol:H'eo, and 

### permit moaifioatiOH must comply with emission limits and other requirements ofthe act and Clean Air Act. The minor source operating permit must include reasonable conditions, including adherence to plans and specifications, to assure compliance withthe act, Clean AirAct, and any other conditionsjustifiedunder SDCL 34A-1-19. Source: 2 SDR 40, effective December 7, 1975; transferred from § 

### 34:10:01:08.02; transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 29May 13, 1991; transferred from§ 74:26:01:12, 19 SDR 157, effective April22, 1993; 21 SDR • 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. 

### General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. 

### Law Implemented: SDCL 34A-l-19, 34A-l-21. 

### 74:36:04:06. Timely and complete application for operating permit required. A person who owns or operates a source required to have aR minor source operating permit shall submit a timely and complete application. An application is timely ifit meets the time limits specified inthis section. An application is complete ifitmeets therequirements in§ 74:36:04:07. A minor source applying for aninitial operatingpermit shall submit a complete application • to the depar.tment at least 120 days, whieh includes the 30 day pl:lblie notiee period, before the estimated date of eommeneing eonstruetion offue souree or operation ofa eonstrueted sowee within 12 months after commencing operation. A minor source applying for a permit modification shall submit a complete application to the department within 12 months after commencing operation ofthe emissionunit(s) involved with the modification. A minor source applying for renewal of a an operating permit shall submit a complete application 90 days before the date ofpermit expiration. If an existing source submits a timely and complete application for renewal ofan operating permit within this time limit, the source's existingpermit does not expire until therenewal permithas been issued or denied. Theterms and 

# •

30• conditions ofthe existing permit remain in effect until the renewal permit has been issued or denied. 

# •
• Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

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

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

### Note: A minor source applying for an initial operating permit or a permit modification must obtain a construction permit in accordance with § 74:36:20 before commencing construction ofthe sourceorpermitmodification. 

### 74:36:04:07. Required contents of complete application for operating permit. An application for an operating permit for a minor source or permit modification must submit the following informationto beconsidered a complete application: (1) General company information, including the company name and address or the plant name and address ifdifferent from the companyname, the owner's name and agent, and theplant sitemanager or contact; (2) A description oftheplant anditsprocesses andproducts; (3) The following information onemissions: (a) Identification and description ofall emissionpeffitsunits; (b) Fuels, fuel use, 

### ae:d raw**materials,~** and productionrates; (c) Identification and description ofairpollution control equipment; 31(d) Limitations on source operation affecting emissions or any work practice standards, • where applicable, for allregulated airpollutants; (e) Other information required by any applicable requirements, including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height, diameter, and plume temperature, for all pollutants regulated atthe source; (4) A copyofanypreparedplans andthe specifications ofanyequipmentorotherfacilities whichmay affectthe source, includingpollution control devices; (5) An abatement strategiesplan, ifrequired bychapter74:36:03; (6) A signed and notarized certification ofapplicant form; (7) Theresults ofany air dispersionmodelingrequired bythe department; (8) Theresults ofany stackperformancetestingrequiredbythe department; (9) Any other information requested by the department which is relevant to determining compliance withthe act orthe CleanAirAct. The applicationmustbe signedbytheresponsible official or designatedrepresentative. An application for therenewal ofan operatingpermitmayrefer to a previously submitted application ifthere are no operational changes. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:04.01, 34:10:01:06, 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:09, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13

32 

# •
•

### • SDR 141, effectiveJuly 1, 1987; transferred from§ 74:26:01:09, 19 SDR 157, effective April22, 1993. 

# •
• GeneralAuthority: 

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

### SDCL 34A-1-12, 34A-1-21. 74:36:04:08. Applicant required to supplement or correct application. 

### Ifthe applicant is aware that the application is incomplete or that any relevant facts or information contained in an application are incorrect, the applicant shall submit the supplementary facts or corrected information. The applicant shall provide additional information as necessary to address requirements that become applicable after the application is filed but prior to the release ofthe draftpermit. Source: 

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

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

### SDCL 34A-1-12, 34A-l-21. 74:36:04:09. Permit application -- Completeness review. 

### The department shall conduct a completenessreview ofeach permit applicationreceived, as follows: (1) Within 30 days after submission of an application for an initial operating permit, £! 

### permitmodification, or a renewal ofan operatingpermit for aminor source, the department shall notify the applicant in writing whether or not the application is complete or incomplete. Ifthe department does not notify the applicant that the application is incomplete within 30 days after receipt ofthe application, the application is considered complete. The department may at any 33

### time during theprocessing ofthe applicationrequest, in writing, additional information necessary • to evaluate ortakefinal action on the application; (2) Ifthe application is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to re•liew complete the application. The applicant has 20 working days after receipt of an incomplete notification or request for additional information to submit the information, unless an extension beyond the 20 working days is approved bythe department; and (3) The department shall determine the adequacy of the applicant's response to each incomplete item within 15 days after receipt of the response and shall notify the applicant in writingifthe applicationis oris not complete. Source: 

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

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

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

### The department shall recommend issuance or denial ofan operatingpermit, apermitmodification, or arenewal for an operatingpermit for aminor source within 90 days after the submission ofa eompleted complete application and all other additional information necessary for the department to make an informed decision. A recommendation to issue a permit shall include a draft permit with appropriate conditions to assure compliance with the act and Clean Air Act. Failure of the department to act on an application entitles the applicant to petition for and obtain a contested 34 

# •
•• case review ofthe application without waiting for a department recommendation. The petition must conformto therequirements ofarticle 74:09. 

# •
• Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:08.01, 34:10:01:11, 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:11, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:11, 19 SDR 157, effectiveApril22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:11. Department's recommendation on operating permit. The departmeHt, afterre>l-iew ofa eoHlf)lete applieation for an operatingpermit or a rene>.val ofan operatingpermit for a minor source shaH reeommend to the beard that the permit be isslied er deE.ied. The reeemmeRdatien te isSlie a permit sha-ll inellide a draft flermit with aflflFElflriate eeRditiens te assure OOIDfllianee withthe aet. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.02, 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:36, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

### i, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:36, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effectiveApril4, 1999. CeaeralA.utharity: SDCL 34A I 6, 34A I 21. Lw.v Implemeated: SDCL 34A I 21, 34A I 29, 34A I 30. 3574:36:04:12. Public participation in permitting process. The department shall mail a copy of the draft permit for a minor source to the applicant. The department shall publish a public notice ofthe draft permit once in a legal newspaper in the county where the source is located. The notice must include a briefstatement describing the faeility source and where it is located; the department's recommendation and the reasons for it; the activity or activities involved in the permit action; the emissions change involved in any permit modification; a statement that a personmay submit comments orcontest the draft permit within 30 days after the publication ofthe notice; describe the procedures a personmust follow to contestthe draftpermit and request a hearing in accordance with article 74:09; and a statement describing where copies ofthe draft permit or other information may be obtained. The department shall provide to the interestedparties a 30-daynotice ofanyhearingto contest a draftpermit. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:01:37, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effectiveApril4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-30. 74:36:04:12.01. Public review of department's draft permit. During the public comment period, any interested person may submit written comments on the department's draft 36 

# •
•
•

### • permit or request a contested case hearing. All comments will be considered in making a final permit decision on the draft permit as provided in§ 74:36:04:13. A request for a contested case hearing must be in writing and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are not based on applicable requirements ofthis article ortherequirements ofthe Clean Air Act. Source: 

### 25 SDR 123, effective April4, 1999. General Authority: 

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

### SDCL 34A-l-21 74:36:04:13. Final permit decision -- Notice to interested persons. 

### The department • shall make its final permit decision within 30 days ofthe end ofthepublic commentperiod on a draft permit. The department shall notify, inwriting, the applicant and eachperson that submitted written comments or requested notice of the final permit decision. The notice shall include reference to the procedures for contesting the final permit decision and requesting a hearing in accordance with article 74:09. For the purpose ofthis section, the final permit decision means proposing a

### new, modified, orrenO>.vedpermit, denying apermit, orterminating apermit. The 

### proposed nO>.v, modified, or renO'.ved final permit will be issued within 30 days of notifying the applicant and each person that submitted written comments or requested notification ofthe final permit decision exceptunder the following conditions: (1) A later effective date is specified inthe final permit decision; 

# • (2) A contested case hearing isrequested; or 37(3) No comments or request for changes in the draft permit were received during the • public notice period on the draft permit. Inthis case, the draft permit automaticallybecomes the final permit decision and the proposed new, modified, or rone'.ved final permit is issued at the end ofthepublicnoticeperiod. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:38, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:38, 19 SDR 157, effectiveApril22, 1993; 25 SDR 123, effective April4, 1999. General Authority: SDCL34A-l-6,**34A~l-21.** Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-l-34. 74:36:04:15. Contents of operating permit. An operating permit or a renO'lfal of an operatingpermit for a minor source shall includethe following: (1) The signature ofeitherthe secretaryorthe chairman; (2) The name ofthe person, company, political subdivision, agency, orinstitution granted apermit; (3) Thetype ofoperation; (4) Theplant facility and mailing address; (5) The date theoperatingpermitwas granted and onwhichitwill expire; (6) A number for administrative reference; (7) Thename ofa designatedpersonorofficerresponsible for the source's operation; 38 

# •
•

# • (8) A statement granting an operatingpermit bythe board or secretary and any conditions that the board or secretarymayimpose to ensure compliance with the act and CleanAirAct; (9) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements ofthe act and CleanAirAct; (10) Monitoring andrelated recordkeeping and reporting requirements; (11) A severability clause to ensure the continued validity of the various permit requirements ifanyportions ofthe permit 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, permittermination, • revocation and reissuance, or moElifieation permit revision, or for denial of a permit renewal


# • application; (b) The operating permit may be moElifieEl revised, revoked and reissued, reopened, or terminated for cause; (c) The operating permit does not convey any property rights of any sort or any exclusiveprivilege; and (d) The permittee shall provide anyinformation, including records, requested in writing by the department to determine if cause exists for moElifying revising, revoking and reissuing, reopening, orterminating thepermitorto determine compliance. Source: 2 SDR40, effectiveDecember 7, 1975; transferred from§ 34:10:01:22.10, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:44, effective July 1, 1981; 13 SDR 129, 3913 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from • §74:26:01:44, 19 SDR 157, effective Apri122, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21, 34A-1-30. 74:36:04:16. Operating permit expiration. Operating permit expiration terminates the source's right to operate under the minor source operating permit unless a timely and complete renewal applicationhasbeen submittedto the department. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21. 74:36:04:17. Renewal of operating permit. Permits being renewed are subject to the same procedural requirements in§§ 74:36:04:06 to 74:36:04:14, inclusive, as the original minor source operatingpermitissuance. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-l-6, 34A-1-21. LawImplemented: SDCL 34A-1-21. 74:36:04:18. Operating permit revision. An operatingpermit for a minor source may be revised at any time by the applicant's submittal of a notice and an application. The fletiee 40 

# •
•• application must specify ifthe requested revision is an administrative permit amendment, minor permit amendment, or f! permit modification with supporting documentation. The application shall contain the necessary information required for an administrative permit amendment, minor permit amendment, orpermitmodification. Source: 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:20. Procedures for administrative permit amendments. The faeility source may implement a proposed revision that is considered an administrative permit amendment • immediatelyupon notifying the department. The department shall determine ifan administrative permit amendment is applicable to the proposed revision within 15 days ofreceiving a request for a permit revision. The department shall issue administrative permit amendments without the procedural requirements applicable to obtaining an O:Peratiag f! permitmodification. Source: 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:20.01. Minor permit amendment required. A minor permit amendment is an amendment to an existing minor source operating permit and is issuedbythe secretary. A source 

# • may request a minor permit amendment under §§ 74:36:04:20.02 to 74:36:04:20.04, inclusive, 41for a change that does not constitute a modification and is not prohibited under any applicable • requirementunderTitleIofthe CleanAir Act. Source: 21 SDR 119, effectiveJanuary 5, 1995; 25 SDR 123, effectiveApril4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:04:20.04. Department deadline to approve minor permit amendment. The department shall take the following final action on a proposed minor permit amendment within 90 days afterreceipt ofacomplete applicationfor the amendment: (1) Issuetheminor permitamendment as proposed; (2) Denythe minor permit amendment application; or (3) Determine thattherequested minorpermit amendment shouldbeprocessed as a permit modification. The faeility source may implement a proposed revision that is considered a minor permit amendment seven days after aotifyiag the d8j3artmeat submitting a complete application. The secretary shall issueminorpermit amendments withouttheprocedural requirements applicable to obtaining 8:R opeflltiag**~permit** modification. Source: 21 SDR 119, effectiveJanuary 5, 1995; 25 SDR 123, effectiveApril4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. 42 

# •
•

# •
•
• Law Implemented: SDCL 34A-1-21. 74:36:04:23. Reopening operating permit for cause. The department may reopen an operating permit for further review if the department determines that the permit contains a material mistake 

### in establishing the 

### emissions standards or 

### limits or other requirements ofthe operatingpermit orthe department determines that the operatingpermitmustberevised to assure compliance

### with the applicablerequirements ofthis article and the CleanAirAct. Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-1-21. 74:36:04:27. Operating permit termination, madifieatiaR revision, and revocation. The board, upon recommendation by the secretary, may terminate, modifY revise, or revoke an operating permit for a violation ofthis article or nonpayment of any outstanding enforcement penalty. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-l-21. Law Implemented: SDCL 34A-1-21. 74:36:04:32. General permits. The secretary may issue a general permit to a category of airpollution sources thatmeets the following: 43(1) Involve the same or substantiallysimilartypes ofoperations; (2) Require the same or similartype ofair emission limits; and (3) Require the same or similarrecordkeeping and monitoring. If a general permit has been issued by the secretary, all sources covered by the general permit shall apply for permission to operate under the general permit. Such sources may not construct or operate until they are granted coverageunder the general permit, oruntil they obtain an individualpermitifrequiredbythe secretary. Source: 30 SDR 26, effective September 1, 2003. GeneralAuthority: SDCL 34A-1-21. LawImplemented: SDCL 34A-1-56. Note: The procedural requirements for obtaining a general permit under this chapter are similar to the procedural requirements for a minor source, such as a timely and complete application, completeness review, public participation, and departmental recommendation, as outlined in§§ 74:36:04:06 to 74:36:04:14, inclusive.

CHAPTER74:36:05

44 

# •
•
•

# •
•
• Section 74:36:05:01 74:36:05:02 74:36:05:03 74:36:05:03.01 74:36:05:04 74:36:05:04.01 74:36:05:05 74:36:05:06 74:36:05:06.01 OPERATINGPERMITS FOR PART 70 SOURCES



### Applicability. Permit 

### Part 70 operatingpermitrequired. Sourcesrequired to obtain aPart 70 operatingpermit. PSD or

### NSRpresoRstnlstionpermitreEJ:ffired. 

### Repealed. Sources exempt from obtaining aPart 70 operatingpermit. Insignificant activities. Transferred. Standard for issuance ofa Part 70 operatingpermit. Fees required for operatingpermit. 74:36:05:07 Timeperiod for operatingpermits and renewals. 74:36:05:08 Timely and complete application for operatingpermitrequired. 74:36:05:09 Complete application. 74:36:05:10 and 74:36:05:11 Transferred. 74:36:05:12 Required contents ofcomplete application. 74:36:05:13 Applicant required to supplement orcorrect application. 74:36:05:14 Repealed. 7

4:36:05: 15 Deadline for final action onpermit application. 74:36:05:16 74:36:05:16.01 Statement ofbasis for recommended permit conditions. Operatingpermitrequirements. 4574:36:05:17 Publicparticipationinpermittingprocess. 

# • 74:36:05:18 Public and affected statereview ofdraftpermit. 74:36:05:19 Transferred. 74:36:05:20 Repealed. 74:36:05:20.01 Finalpermitdecision-- Notice to interestedpersons. 74:36:05:20.02 Petitions for contested casehearing. 74:36:05:20.03 EPAreview ofPart70 operatingpermit. 74:36:05:21 EPAobjectionto issuance ofoperatingpermit. 74:36:05:21.01 Departmentresponse to EPAobjection. 74:36:05:22 Departmentfailure to meetEPAobjectiondeadline. 74:36:05:23 Publicpetitionto EPA onthe final permit. 74:36:05:24 Repealed. 

# • 74:36:05:25 to 74:36:05:27 Transferred. 74:36:05:28 Permit expiration. 74:36:05:29 Permitrenewal. 74:36:05:30 Permit flexibility. 74:36:05:31 Permit amendment -- Applicationrequired. 74:36:05:32 Administrativepermitamendmentrequired. 74:36:05:33 Procedure for administrativepermit amendments. 74:36:05:34 Minorpermit amendmentrequired. 74:36:05:35 Requirements for minorpermitamendments. 74:36:05:36 Applicationforminorpermit amendment. 74:36:05:37 Notification ofEPA and affected statesrequired. 

# • 46

# •
•
• 74:36:05:38 74:36:05:39 74:36:05:40 74:36:05:41 74:36:05:42 74:36:05:43 74:36:05:44 74:36:05:45 74:36:05:46 74:36:05:47 74:36:05:47.01 74:36:05:48 74:36:05:49 74:36:05:50 74:36:05:51 74:36:05:52 Departmentdeadline to approveminorpermit amendment. Permitmodifications. Reopening operatingpermitfor cause. Procedures to reopen permit. Reopeningpermit for causeby EPA. EPAreview ofproposed determination. Departmentfailure to submitproposed determination. Repealed. Permit termination, modification, revocation, and reissuance by department. Notice ofoperatingnoncompliance-- Contents. Circumvention ofemissions not allowed. Petitionfor contested case on alleged violation. Repealed. Federal enforceabilityofpermitconditions. General permits. Secretarymayrequire an individual permit.

74:36:05:01. Applicability. The requirements ofthis chapter apply to all Part 70 sources 

### reE]-ffired to obtain aPart 70 operatingpermit.

47Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 • SDR 101, effectiveJanuary2, 2005. GeneralAuthority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-l-21. 74:36:05:02. PeFHlit Part 70 operating permit required. A person may not eoastruot, iastall, modify, revise, or operate any source orunit likelyto cause the emission ofair pollutants into the ambient air or any equipment which prevents or controls the emission ofair pollutants into the ambient air until the aJ3:13lieaelo preeoastnletioa a construction permit, PSD preconstruction permit, NSR preconstruction permit, orPart 70 operatingpermit has been issued bytheboard orthe secretary. Source: 19 SDR 157, effective April 22, 1993; second paragraph transferred from §74:36:05:05, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-l-6, 34A-l-21. LawImplemented: SDCL 34A-l-12, 34A-l-21. Cross-References: Sources exempt from obtaining a Part 70 operating permit, § 74:36:05:04; Timely and complete application for operatingpermitrequired,§ 74:36:05:08. 74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required to obtain aPart 70 operatingpermitinclude the following: 48 

# •
•

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

### Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 • SDR 123, effectiveApril4, 1999.


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

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

### 74:36:05:03.01. PSD or NSR preconstruction permit required. The s\lbmittal of a eoHlfllete applieation for an operatingpermit for a Part 70**sot~ree** does not affeet the requirement that a**sot~Fee** have a PSD or NSR preeonstruetion permit as re"}\lired 1mder § llO, 165, 172, or 173 ofthe Clean 

### AirAet or ehapters 74:39:09 and 74:39:10. A PSD or NSR**sot~Fee** IDHst soomit a eoHlfllete applieation for a Part 70 operating permit within 12 months after eommeneing operation. Repealed.

49Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:10, 20 SDR • 125, effectiveFebruary9, 1994; 21 SDR 119, effectiveJanuary 5, 1995. CeaenlAatharity: SDCL 34A 1 6, 34A 1 21. LawIIBJllemeated: SDCL 34A 1 21. 74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The following sources are exempt from obtaining a Part70 operatingpermit: (1) All sourcesthat arenotincludedin§ 74:36:05:03; (2) Sources that operate a unit subject to 40 C.P.R. 60, Subpart AAA-Standards of Performance for New Residential Wood Heaters (July 1, 2005 July I, 2009) are exempt from the obligation to obtain a Part 70 operatingpermit providedthe source is notrequired to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted • sources must still meet the applicable requirements in 40 C.P.R. § 60, Subpart AAA (July 1, 2009); or; (3) Sources that operate a unit subject to 40 C.P.R. § 61.145, Standard for Demolition and Renovation (July I, 2005 July 1, 2009) are exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicablerequirements in 40 C.F.R. § 61.145 (July 1, 2009).

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January2, 2005; 32 SDR209, effective June 13,2006. 

## so 

# •

# •
•
• General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-l-21. 74:36:05:04.01. Insignificant activities. The following emission units are considered insignificant activities and are exempt from inclusion in a Part 70 operating permit unless the source has requested federally enforceable permit conditions related to the insignificant activity to avoid needing a PSD preconstructionpermitorNSRpreconstructionpermit: (1) One ormore incinerators ofless than 100 poundsperhour combined burning capacity that combust municipal orhousehold waste; (2) A mobile internal combustion engine, including engines in autos, trucks, tractors, airplanes, locomotives, andboats; (3) Laboratory equipmentused exclusivelyfor chemical orphysical analysis; (4) A**de~'ioe** or apparat1:1s unit that has a heat input capability ofnot more than 3,500,000 Btus perhour, except for units fueled with wood 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, orpavingparkinglots; (7) A unit that has the potential to emit two tons or less per year ofany criteria pollutant before the application ofcontrol equipment. A ooit may not be eonsidered insignifioar1t ifa state or federal limit is applioable to the ooit. However, the criteria pollutant emissions from the unit mustbeincluded in determiningifthe sourceis amajor source; and

51

### (8) A unit that has the potential to emit two tons or less per year of any hazardous air • pollutant. However, the hazardous air pollutant emissions from the unit must be included in determining ifthe source is amajor or minor source. A unit can notbe considered insignificant if a state or federal limitis applicable to theunit. However, insignificant activities exempted because of size or production rate must be identified in the Part 70 operating permit application. An 

### application may not omit information needed to determine the applicabilityoforto impose an applicable requirement. Source: 

### 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effectiveJanuary2, 2005. GeneralAuthority: 

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

### SDCL 34A-l-12, 34A-l-21. 74:36:05:06. Standard for issuance ofa Part 70 operating permit. 

### A Part 70 operating permit for a new 

### source orpermit modification revision maybe issued only ifithas been shown that the operation ofthe new 

### source orpermit modification revision will not prevent or interfere with the attainment or maintenance of an applicable ambient air quality standard. Compliance with this requirement as determined by airpollution dispersion modeling is 

### shall notbe affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.P.R. § 

### 51.100 (July 1, 2005 July 1, 2009). Eachnew 

### source,**~dsting** 

### source, and permit modification must comply with emission limits and other requirements of the act and Clean Air Act. A Part 70 operating permit must include reasonable conditions, including 52 

# •
•• adherence to plans and specifications, to assure compliance with the act, Clean Air Act, and any otherconditionsjustifiedunder SDCL 34A-1-19. Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May21, 1986; 13 SDR 129, 13 SDR 141, effectiveJuly 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:12, 19 SDR 157, effective April22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: SDCL 34A-l-6, 34A-l-19, 34A-l-21. 

# • Law Implemented: SDCL 34A-l-19, 34A-l-21. 74:36:05:06.01. Fees required for operating permit. The applicant for an a Part 70 operatingpermitfef and the owner or operator ofa source with a Part 70 souree operatingpermit shall submit a fee in accordance with article 74:37. Source: 19 SDR 157, effective April 22, 1993; transferred from §74:36:05:11, 20 SDR 125, effectiveFebruary 9, 1994. GeneralAuthority: SDCL 34A-1-57, 34A-1-58. Law Implemented: SDCL 34A-1-58. 

# • 53

### 74:36:05:07. Time period for operating permits and renewals. A permit for an affected • source under Title IV ofthe Clean Air Act shall be for a fixed term of five years. Operating permits for all Part 70 sources shall be issued for a period up to five years and all subsequent operatingpermits shall be for a period offive years. A permit issued for a solid waste incinerator subject to the requirements of§ 129(e) ofthe CleanAirAct shall befor aperiodnotto exceed 12 years and shall bereviewedbythe department every five years. 

### Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; transferred from§ 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:32, 19 SDR 157, effective April 22, 1993. 

### GeneralAuthority: SDCL 34A-l-6, 34A-l-21, 34A-1-24. 

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

### 74:36:05:08. Timely and complete application for operating permit required. A person who owns or operates aPart70 sourcerequired to have an operatingpermitmust submit a timely and complete application. An application is timely ifit meets the time limits specified in this section. An application is complete if it meets the requirements in §§ 74:36:05:12 and 74:36:05:13. Thetime limits are set as follows: (1) A source applying for its initial Part 70 operating permit or a modification to an eKisting souroe, eJtoej3t as provided in subdivision (3), must submit a complete application to the department no less than six months before beginning aotual oonstrnotion.• An applioation maybe submitted in a shorter time frame if th:e applicant reoeives prior written appro'ral from th:e 

# •
54• dej3artment. For purposes ofthis seetion, beginning aetual eonstruetion means the initiation of physioal, onsite oonstruetion, reoonstruotion, or modifioation aotivities on a unit or ohange in method ofoperationthat are ofpermanentnature within 12 months after commencing operation; (2) A Part 70 source applying for a permit modification shall submit a complete application to the department within 12 months after commencing operation ofthe emissionunits involved withthemodification.**~ill** A Part 70 source applying for renewal of an operating permit must submit a complete application six monthsbefore the date ofpermit expiration. Ifa source submits a timely and complete application for renewal ofa permit, the terms and conditions ofthe existingpermit remain in effect until therenewal permit has been issued ordenied. Thisrightto operatepending · action on an application is extinguished ifthe applicant fails to submit on time the information • identified in§ 74:36:05:12; f3j

## ffi Part 70 sources required to obtain approval under § 112(g) ofthe Clean Air Act or to have a PSD preconstruction permit or NSR preconstruction permit under the preoonstnwtion review program ooderpart CorD ofTitle I ofthe Clean Air Aetmustfile a complete application to obtain a Part 70 operating permit or a permit modification, whichever is applicable, for the Part 70 source within 12 months after commencing operation. Ifan existing operatingpermit for a Part 70 source would prohibit such construction or the change in operation, the source must obtaina the applicable constructionpermit, PSD preconstructionpermit, orNSRpreconstruction permitmodifioationbefore commencing operation; (41 

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

# • and 55

### ~

## ® An 

### existing municipal solid waste landfill that meets the requirements of • subdivisions 74:36:07:34(1) and (2) is required to submit a Part 70 operating permit application within 15 months ofthe effective date ofEPA's approval ofthe state's § 

### 111(d) plan required in the Clean AirAct. Source: 

### 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effectiveJanuary2, 2005. GeneralAuthority: 

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

### SDCL 34A-1-12, 34A-1-21. Note: 

### A Part 70 source applying for an initial operating permit or a permit modification • must obtain a construction permit in accordance with§§ 74:36:09, 74:36:10, or 74:36:20 before commencing construction ofthe source orpermit modification. 74:36:05:09. Complete application. 

### The department shall determine completeness ofan application for an initial Part 70 operating permit, permit modification, or renewal ofa Part 70 operating permit within 60 days after its receipt and shall notifY the applicant in writing ofits determination. Ifthe department does not notifY the applicant that the application is incomplete within 60 days after receipt of the application, the applicant may consider the application complete. At any time during the processing ofthe application, the department may request, in writing, additional informationnecessaryto evaluate or take final action onthe application. 

# • 56

# • If the appl_ication is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to complete the application. The applicant has an additional 20 working days after receipt ofan incomplete notification orrequest for additional information to submit the requested information, unless an extension beyond the 20 working days is approved bythe department. The department shall determine the adequacy of the applicant's response to each incomplete item within 20 days after receipt ofthe response and shall notifythe applicant inwriting ifthe application is oris not complete. Once a designated representative submits a timely and complete acid rain permit application, the owners or operators ofthe affected source and the affected units covered bythe permit application are considered in compliance with the requirement to have an acidrain permit • until the final permit is issued, provided that any requested additional information is submitted duringthepermittingprocess. 

# • Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January5, 1995; 25 SDR 123, effective Apri14, 1999. General Authority: SDCL 34A-1-6, 34A-l-21. LawImplemented: SDCL 34A-l-21. 74:36:05:12. Required contents ofcomplete application. An applicant for an operating permit for a Part 70 source orpermitmodification must submitthe following information for the application to beconsidered complete;

57(1) 

### General company information, including the company name and address or the plant • name and address ifdifferent from the companyname, the owner's name and agent, and the plant sitemanager or contact; (2) A plant description in terms ofthe processes and products identified by the Standard Industrial Classification Code, 1987, including any associated with each alternate scenario identifiedbythe source; (3) The following information on emissions: (a) All emissions of pollutants for which the source is major and all emissions of regulated air pollutants. The applicant must describe all emissions ofregulated air pollutants emitted from any emissions unit, exceptwhen suchunits are exempt; (b) 

### Identification and description ofall emission peffits

### units described in subsection (a) of this subdivision in sufficient detail to establish the basis for fees and the applicability of • requirements ofthe Clean Air Act; (c) Emissions rates in total tons per year and in any other terms necessary to establish compliance consistentwiththe applicable standard reference testmethod; (d) Fuels, fuel 

### use, rawmaterials, productionrates, and operating schedules; (e) Identification and description of air pollution control equipment and compliance monitoring devices or activities; (f) 

### Limits on source operation affecting emissions or any work practice standards, as applicable for all regulated airpollutants; (g) For all pollutants regulated at the source, other information required by any applicable requirements including information related to stack height limits, such as the location 

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

# •
• (h) Calculations onwhichtheitems in this subdivision arebased; (4) One copy of any prepared plans and the specifications of any equipment or other facilities thatmayaffectthe source, includingpollutioncontrol devices; (5) An abatement strategiesplan, ifrequiredbychapter74:36:03; (6) A signed andnotarized certification ofapplicant form, as provided bythe department; (7) Theresults ofanyair dispersion modeling or stack performance testingrequiredbythe department; (8) Citation and description of all applicable a1r pollution control emission limit requirements; (9) A review of fugitive emissions included in the same manner as stack emissions, whether or not the source is included in the list of sources contained in the definition ofmajor source; (10) A description of or reference to any applicable test method for determining compliancewith each applicablerequirement; (11) Any additional information that may be necessary to implement and enforce other requirements ofthe CleanAirAct or to determinethe applicability ofsuchrequirements; (12) An explanationofanyproposed exemptions from otherwise applicablerequirements; (13) The use of standardized forms for acid rain portions of permit applications and complianceplans;

59(14) Information necessary to define reasonably anticipated alternative operating • scenarios, to define permit terms and conditions pursuant to § 74:36:05:30, or to implement a federally enforceable emissioncap; (15) A complianceplan that contains all ofthe following and is at least as stringent as that contained in anyjudicialconsent decree oradministrative orderto which the sourceis subject: (a) A description ofthe compliance status ofthe source for all applicable requirements, including applicablerequirements thatwillbecome effective duringtheterm ofthepermit; (b) A description ofthe requirements for which the source is not in compliance at the time ofpermit issuance and a narrative description and a compliance schedule ofhow the source will achieve compliance with such requirements. The compliance schedule must include a statementthatprogressreportswillbe submitted atleast once every sixmonths; and (c) A statementthat the sourcewill continueto demonstrate compliancewithapplicable • requirements; (16) A certification ofcompliance by a responsible official that addresses all air pollution control requirements applicable to the source. A certification of compliance for an affected source subject to Title IV and chapter 74:36:16 must be submitted by the designated representative. This certification must be consistent with any applicable enhanced monitoring and compliance certificationrequirement ofthe CleanAirAct and mustinclude: (a) A statement indicating methods used to determine compliance, including monitoring, recordkeeping andreportingrequirements, andtestmethods; (b) A statement that compliance certifications will be submitted at least annually or at other designated times for the duration ofthepermitto the department; (c) A statementthat the source is in compliancewith all applicablerequirements; 

# • 60

# • (d) A statement identifying the condition of the permit that is the basis of the certification, indicating the compliance status, and identifying whether compliance is continuous orintermittent; and (e) A statement indicating the source's compliance status with any applicable enhanced monitoringand compliance certificationrequirements ofthe Clean AirAct; (17) A certification by a responsible official ofthe truth, accuracy, and completeness of any application form, report, or compliance certification submitted to the department. This certification and any other required certification must state that, based on information and belief formed after reasonable inquiry, the statements and information in the documents are true, accurate, and complete; and (18) Any otherinformationrequested bythe department after submission ofan application • for a permit to operate a Part 70 source which is relevant to determine compliance ofthe source withthe CleanAirAct. 

# • An application for a renewal of an operating permit for a Part 70 source may refer to previously submittedmaterial. Source: 

### 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995. GeneralAuthority: 

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

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

61Reference: Standard Industrial Classification Manual, 1987, Executive Office of the • President, Office ofManagement and Budget. Copies maybe obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no PB 87- 100012. Cost: $31. 74:36:05:16.01. Operatingpermitrequirements. Eachpermitissued for the operation of a Part 70 source must contain: (I) The name ofthe person, company, political subdivision, agency, or institution granted a permit; (2) The type ofoperation; (3) Theplant facility andmailing address; (4) Thedatetheoperatingpermitwas granted and onwhichitwill expire; 

# • (5) A numberfor administrativereference; (6) A Thename ofa designatedperson orofficerresponsible forthe source's operation; (7) A statement granting an operating permitbythe board or secretary and any conditions thattheboard or secretarymayimposeto ensure compliancewiththe act and CleanAirAct; (8) Emission limits and standards, including operational requirements and limits for all regulated emissionunits, necessary to assure compliance with applicable requirements ofthe act and CleanAirAct and including the following: (a) Thereference ofauthority for eachterm orcondition; (b) The applicablerequirements from the CleanAirAct and from Title IV requirements ofthe Clean Air Act, reviewing both requirements and distinguishing which is more stringent and incorporatingbothinto thepermit; and 

# • 62

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

### 504(b) or 114(a)(3) ofthe Clean Air Act; (b) Ifthe applicable requirement does not require periodic testing or instrumental or • noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit. Such monitoring requirements must assure use ofterms, test methods, units, averaging periods, and otherstatistical conventions consistent with the applicablerequirement; (c) As necessary, documentation of the use, maintenance, and if appropriate, installation ofmonitoring equipment ormethods; (d) Documentation ofthe following: (i) The date, place as defined in the permit, and time of sampling or measurements; (ii) Thedate or dates analyses wereperformed; (iii) The companyorentitythatperformedthe analyses; 

# • (iv) The analytical techniques or methods used; 63(v) Theresults ofsuch analyses; and 

# • (vi) The operating conditions as existing at the time of sampling or measurement; (e) Recordkeeping and reportingrequirements that complywith the following: (i) Submission ofreports ofany required monitoring must occur at least every six months. Reports must clearlyidentify all deviations from permitrequirements and conditions. All required reports mustbecertifiedbyaresponsible official; and (ii) Deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations and any corrective actions or preventive measures taken must be promptly reported and certified by a responsible official; and (f) Requirements for retention ofmonitoring records and all supporting documentation • for at least five years from the date of the monitoring sample, measurement, report, or application; and (10) If applicable, a condition prohibiting emissions exceeding any allowances that the source lawfully holds, exceedances ofapplicable emission rates, and the use of any allowance priorto the year for which it was allocated under the Title IVprogram ofthe CleanAir Act; (11) A severability clause asserting the continued validity ofpermit requirements ifany portions ofthepermit are challenged; (12) Provisions stating the following: (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, permit termination,

64 

# •• revocation and reissuance, or modifieation permit revision, or 

### fer denial of a permit renewal application; (b) A permittee in an enforcement action may not use the defense that it would have beennecessaryto ceaseorreduce thepermitted activityinorderto maintain compliance; (c) Thepermitmaybemodified, revised,revoked and reissued, reopened, orterminated for cause. fuisting permit eonditions will not be affeeted 

## ay the The filing of a request by the permittee for a permit modifieation revision, revocation and reissuance, or termination or of a notification ofplanned changes oranticipatednoncompliance does not stay anypermit condition; (d) The permit does not convey property rights ofany sort or any exclusive privilege; and (e) Thepermittee mustprovide anyinformation, includingrecords, requested in writing • by the department to determine whether cause exists for modifying revising, revoking and reissuing, reopening, orterminatingthepermitorto determine compliance; (13) Terms and conditions for reasonably anticipated operating scenarios identified bythe source in its application and approved bythe department. The terms and conditions must require the source, contemporaneously withmaking a change from one operating scenario to another, to record in a log at the permitted facility a record ofthe scenario under which it is operating and must ensure that the terms and conditions ofeach such alternative scenario meet all requirements ofthe CleanAirAct; (14) Compliancerequirements thatcontainthe following: (a) A compliance certification and testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions ofthe permit. All • documents, including reports, required by the permit must be certified by a responsible official 65

### consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted • annually from the date ofpermitissuance to the department and EPA; (b) 

### Inspection and entryrequirements that require the permitteeto allow the department or an authorized representative to perform the following: (1) Enter upon the permittee's premises where a Part 70 source is located or emissions-related activity is conducted orwhere records mus.t be kept under the conditions ofthe permit; (2) Have access to and copy, at reasonable times, any records that must be kept under the conditions ofthe permit; (3) Inspect at reasonable times any facilities, equipment, practices, or operations regulated orrequired under the permit; and (4) As authorized by the Clean Air Act, sample or monitor at reasonable times • substances or parameters for the purpose of assuring compliance with the permit or applicable requirements; (c) A compliance plan in accordance with subdivision 74:36:05:12(15), including progress reports on noncompliance indicating the dates that compliance will be achieved or the dates that compliance was achieved as referred to in a schedule ofcompliance. The report must state an explanation for not attaining dates of compliance and must be submitted to the department semiannuallyormore frequently as requiredbythe department; and (d) A compliance certification in accordance with subdivision 74:36:05:12(16); (15) A conditionrequiring a Part 70 source to pay anyrequired fees; 

# • 66

# • (16) A condition stating that no permit revisions are required for increases in emissions allowed through emissions trading to the extent that such trades are authorized bythe applicable requirements ofthe CleanAirAct; (17) Any provisions the department uses to issue general permits that are in accordance with40 C.P.R. Part70.6(d) (July 1, 2005 July 1, 2009); (18) Provisions for permit emission exceedances due to emergenciesthat are in accordance withtherequirements in40 C.F.R. Part 70.6(g) (July I, 2005 July 1, 2009); and (19) All applicablerequirements ofthe CleanAirAct. Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 

### 5, 1995; 31 SDR 101, effective • January 2, 2005; 32 SDR209, effectiveJune 13, 2006. GeneralAuthority: SDCL34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:17. Public participation in permitting process. All operating permit issuance proceedings, including renewals, permit**modification~,** and reopenings, for a Part 70 source, except as provided in this chapter, must provide an opportunity for public and affected states to commentonthe draftpermit. The department shall publish the public notice on the draft permit once in a legal newspaper in the county where the source is located. The public notice must include the 

# • following: 67(1) A briefstatement describing the faeility source, including the name and address ofthe permittee; (2) The activity or activities involved in thepermit action; (3) The emissions change involved in anypermitmodification; (4) The department's recommendation and the reasons for it; (5) A statement that a person may submit comments or contest the draft permit within 30 days after publication ofthe notice. The statement shall also describe the procedures a person must follow to contest the draft permit and request a hearing in accordance with article 74:09; and (6) A statement describing where copies ofthe draft permit or other information maybe obtained. The department shall provide to the interested parties a 30-day notice of any hearing to contest a draft permit. 

### Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 

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

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

### 74:36:05:18. Public and affected state review of draft permit. During the public comment period, any interested person or affected state may submit written comments on the 68 

# •
•
•• draft permit or request a contested case hearing. All comments will be considered in making

### a final permit decision on the draft permit as provided in §§ 74:36:05:20 and 74:36:05:20.01. A 

# •
• request for a contested case hearingmustbeinwriting and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are not basedonapplicablerequirements ofthis article orthe requirements ofthe CleanAirAct. Source: 19 SDR 157, adopted April22, 1993, effective November 15, 1994; 20 SDR 125, amended February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, effectiveApril4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-l-21. Law Implemented: SDCL 34A-1-21. 74:36:05:20.01. Final permit decision -- Notice to interested persons. The department shall make its final permit decision within 30 days ofthe end ofthepublic commentperiod on a draft permit. The department shall notify, in writing, the applicant and each person or affected statethat submitted written comments orrequestednotice ofthe final permit decision. Thenotice shall include reference to the procedures for contesting the final permit decision and requesting a hearing inaccordance with article 74:09. Forthepurpose ofthis section, the final permitdecision meansproposing anew, modified, orrenewedpermit, denying apermit, orterminating apermit. The proposed new, modified, or rene>.ved Part 70 operating permit will be submitted to EPA within 30 days ofnotifying the applicant and each person or affected state that submitted

69

### written comments or requested notification of the final permit decision except under 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 notice period on the draft permit. In

### this case, the draft permit automaticallybecomes the final permitdecision and theproposed Part 70 operatingpermit is submittedto EPA. Source: 

### 19 SDR 157, effective April 22, 1993; transferred from §

### 74:36:05:25, 20 SDR 125, effectiveFebruary9, 1994; 25 SDR 123, effective April4, 1999. General Authority: 

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

### SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-l-30, 34A-1-34. 74:36:05:20.03. EPA review ofPart 70 operating permit. 

### The department shall submit to EPA a copy ofeach permit application for an operating permit for a Part 70 soorse operating permit, including any application for**~permit**

### modification at the time the application is received by the department, minutes of the proceedings of a contested case hearing, the draft permit, comments from the public or affected states on the draft permit and the department's response, the proposed Part 70 operating permit, and the final permit after EPA review. The department may, in agreement with EPA, submit a permit application summary form and any relevant portion ofthepermitapplicationorcomplianceplan.

70 

# •
•

# • Source: 19 SDR 157, adopted April22, 1993, effective November 15, 1994; 20 SDR 125, transferred from§ 74:36:05:19 and amended February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changedto March 15, 1995; 25 SDR 123, effective Apri14, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:21.01. Department response to EPA objection. The department shall respond within 90 days to the EPA objection. The department may either revise the proposed Part 70 operating permit orjustify its position on the proposed Part 70 operating permit to EPA. Ifthe department decides to revise the proposed Part 70 operating permit, it shall publish a public • notice as required by 

### §74:36:05:17 and take coHlffients from the public on the re,vised permit follow the procedural requirements for an initial Part 70 operating permit, administrative permit amendment, minorpermit amendment, orpermitmodification, as applicable. Ifthe EPA concurs with the revised proposed Part 70 operatingpermit orthe department's justification, the department shall issue a final permit and submit it to the EPA. Ifthe EPA does not concur, theEPAis responsible for issuingthefinal permit. Source: 20 SDR 125, adopted February 9, 1994, effective November 15, 1994; 21 SDR 119, amendedJanuary 5, 1995, and effective date changedto March 15, 1995. GeneralAuthority: SDCL 34A-l-6, 34A-1-21. 

# • LawImplemented: SDCL 34A-l-21. 7174:36:05:28. Permit expiration. Permit expirationterminates the source's right to operate under the Part 70 operating permit unless a timely and complete renewal application has been submitted to the department. Source: 19 SDR 157, effectiveApril22, 1993. GeneralAuthority: SDCL 34A-I-6, 34A-l-21. Law Implemented: SDCL 34A-l-21. Cross-Reference: Timely and complete application for operating permit required, § 74:36:05:08. 74:36:05:30. Permit flexibility. An operating permit issued to a Part 70 source must allow the source to make the changes listed below without requiring a permitrevision before the source makes those changes ifthe change is not a modification under anyprovision ofTitle I of the CleanAirAct and the change does not exceed the emissions allowable underthepermit. The source mustprovide bothEPA and the department written notification as required in this section at least seven days in advance ofthe proposed changes. The source, the EPA, and the department shall attach each suchnoticeto its copyofthe relevantpermit. Permitted sources may make changes which do not violate any applicable requirements or contravene federally enforceable permit terms and conditions, such as monitoring, including test methods; recordkeeping; reporting; or compliance certification requirements. For each such 72 

# •
•
•

### • change, the written notice must include a briefdescription ofthe change within the permitted facility, the date onwhichthe change will occur, anychange in emissions, and anypermit term or conditionthat is no longer applicable as aresult ofthe change Ifa permit applicant requests it, the department must issue permits that contain terms and conditions, including all requirements under §

### 74:36:05:16.01, allowing for the trading of increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicablerequirements. Thepermit applicant must includein itspermit applicationtheproposed replicable procedures and permit terms that ensure that the emission trades are quantifiable and enforceable. Any emission units for which emissions are not quantifiable or for which there are • no replicable procedures to enforce the emission trades shall not be permitted for trading of emissions. The written notice must include, at a minimum, when theproposed change will occur, a description of each such change, any change in emissions, and how these increases and decreases in emissions will complywiththeterms and conditions ofthe permit. Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effectiveJanuary 5, 1995. General Authority: 

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

### SDCL 34A-l-12, 34A-l-21. 74:36:05:31. Permit amendment -- Application required. 

### An amendment to a permit canbe applied for at anytimebythe applicant's submittal ofan application. The application must 

# • specify 

### ifthe requested ameadmeftt aREi 

### the reasons for it permit revision is an administrative 73permit amendment, a minor permit amendment, or a permit modification. The application shall • contain the necessary information required for an administrative permit amendment, minor permitamendment, orpermitmodification. 

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

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

### LawImplemented: SDCL 34A-l-21. 74:36:05:32. 

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

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

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

### LawImplemented: SDCL 34A-l-21. 

### 74:36:05:38. Department deadline to approve minor permit amendment. +he department may Rot issue a fiRal mioor permit amendment until after EPA's 45 day re>,riew or uRtil EPA has Ratified the departmeat that EPA will Rot objeet to the issuaRee of the miRor permit ameadment. The department shall take the following final action on a proposed minor

74 

# •• permit amendment within 90 days after receipt of a complete application for a minor permit amendment or 15 days afterthe end ofEPA's 45-dayreviewperiod, whicheveris later: (1) Issue the minorpermit amendment as proposed; (2) Denythe minorpermit amendment application; (3) Determinethat the requested minorpermit amendment shouldbeprocessed as apermit modification; or (4) Revise the proposed minor permit amendment and transmit the revised amendment to EPA. The department is not required to public notice a minor permit amendment; but the final • permit decision for a minor permit amendment must be submitted to EPA for a 45-day review.


# • The department maynot issue a final permit for aminorpermit amendment until after EPA's 45- day review or until EPA has notified the department that EPA will not object to the issuance of the minor permit amendment. The source may implement a proposedrevision that is considered aminor permit amendment seven days after submitting a complete application. 

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

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

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

### 74:36:05:41. Procedures to reopen permit. Reopening a permit shall follow the procedural requirements to issue an initial permit and shall affect only those parts ofthe permit 75

### for which cause to reopen exists. The department shall follow the procedural requirements for .• initial permit issuance and shall notifY the source 

### subjeet to Part 70 at least 30 days before reopening a permit issued to the source. The department may provide a shorter notice in an emergency. Source: 

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

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

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

### Within 90 days after EPA notifies the department and permittee that cause exists to terminate, 

### modif)' revise, or revoke and reissue a permit, the department shall submit to EPA a proposed determination of termination, • 

### moffifieatiofl: revision, orrevocation andreissuance. Source: 

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

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

### SDCL 34A-1-21. 74:36:05:44. Department failure to submit proposed determination. 

### Department failure to submit a proposed determination within the 90-dayperiodin§ 74:36:05:42 orfailure to resolve the objection in §

### 74:36:05:43 will result in termination, 

### moffifieatiofl: revision, or revocation and reissuance of the permit by EPA after the permittee receives 30 days written

76 

# •• notice from the EPA of the reasons for the action and the permittee has an opportunity for comment andhearingbyEPAontheproposed action. 

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

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

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

### 74:36:05:46. Permit termination, modification, revocation, and reissuance by 

### department. The department shall may terminate, modify revise, or revoke permits for violations ofthe CleanAir Act or this article or for nonpayment ofa fee. Invalidation ofthe acid rain portion of an operating permit does not affect the continuing validity of the rest of the • operating permit, nor does invalidation of any other portion ofthe operating permit affect the continuingvalidityofthe acid rainportionofthepermit. 

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

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

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

### 74:36:05:51. General permits. The secretarymay issue a general permit to a category of airpollution sources thatmeets the following: (1) Involvethe sameorsubstantiallysimilartypes ofoperations; 

# • (2) Require the same or similartype ofair emissionlimits; and 77

### (3) Require the same or similarrecordkeeping andmonitoring. If a general permit has been issued by the secretary, all sources covered by the general permit shall apply for permission to operate under the general permit. Such sources may not construct or operateuntil they are granted coverageunder the general permit, or until they obtain an individual permit ifrequiredbythe secretary. Source: 

### 30 SDR26, effective September 1, 2003. GeneralAuthority: 

### SDCL 34A-l-21. LawImplemented: 

### SDCL 34A-1-56. 

# •

Note: 

### The procedural requirements for obtaining a general permit under this chapter are • similar to the procedural requirements for a Part 70 source, such as a timely and complete application, completeness review, public participation, and departmental recommendation, as outlined in§§ 74:36:05:08 to 74:36:05:23, inclusive.



### CHAPTER 74:36:07 NEWSOURCEPERFORMANCESTANDARDS

Section 78 

# •

# •
•
• 74:36:07:01 74:36:07:02 74:36:07:03 74:36:07:04 74:36:07:05 74:36:07:06 New sourceperformance standards. Standards ofperformance for fossil fuel-fired steam generators. Standards ofperformancefor electricutility steam generators. Standards of performance for industrial, commercial, and institutional steam generatingunits. Standards of performance for small industrial, commercial, and institutional steam generating units. Standards ofperformance for incinerators. 74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators constructed on orbeforeJune 20, 1996. 74:36:07:06.02 Standards ofperformance for hospital/medical/infectious waste incinerators for which construction is commenced afterJune 20, 1996. 74:36:07:07 Standards ofperformance for municipal waste combustors. 74:36:07:07.01 Standards ofperformance for municipal combustors constructed after September 20, 1994. 74:36:07:08 74:36:07:09 74:36:07:10 74:36:07:11 74:36:07:12 74:36:07:13 Ashdisposal requirements. Standards ofperformancefor portland cementplants. Standards ofperformance for asphalt concreteplants. Repealed. Standards ofperformance for storage vessels ofpetroleum liquids constructed afterJune 11, 1973, and beforeMay 19, 1978. Standards ofperformance for storage vessels ofpetroleum liquids constructed after May 18, 1978, andbeforeJuly24, 1984. 7974:36:07:14

74:36:07:15 74:36:07:16 74:36:07:17 74:36:07:18 74:36:07:19 74:36:07:20 74:36:07:21 74:36:07:22 Standards ofperformance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced afterJuly 23, 1984. Standards ofperformancefor sewagetreatmentplants. Standards ofperformance for coal preparationplants. Standards ofperformance for grain elevators. Standards ofperformance for stationarygas turbines. Standards ofperformancefor limemanufacturingplants. Standards ofperformance for metallic mineralprocessingplants. Standards ofperformance for pressure-sensitive tape and label surface coating operations. Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicalsmanufacturingindustry. 74:36:07:22.01 Standards ofperformance for equipment leaks ofVOC in the svnthetic organic

74:36:07:23 74:36:07:24 74:36:07:25 74:36:07:26 74:36:07:27 74:36:07:28 chemicals manufacturing industry for which construction, reconstruction, or modification commenced afterNovember 7, 2006. Standards ofperformance for bulkgasolineterminals. Standards ofperformance for newresidential wood heaters. Standards ofperformance for petroleum drycleaners. Standards ofperformance for VOC emissions from synthetic organic chemical manufacturingindustry (SOCMI) distillationoperations. Standards ofperformancefor nonmetallic mineral processingplants. Standards ofperformance for magnetic tape coating facilities. 80 

# •
•
•

# •
•
• 74:36:07:29 74:36:07:30 74:36:07:31 74:36:07:32

74:36:07:33 74:36:07:34 74:36:07:35 74:36:07:36 74:36:07:37 74:36:07:38 74:36:07:39 74:36:07:40 74:36:07:41 74:36:07:42 Operatingrequirements for wirereclamation furnaces. Monitoringrequirements for wirereclamation furnaces. Standards of performance for graphic arts industry -- Publication rotogravure printing. Standards of performance for volatile organtc compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. Standards ofperformance for calciners and dryers in mineral industries. Existingmunicipal solid waste landfill. Plan submittalbyexistingmunicipal solid waste landfills. Collection system. Control system. Compliance schedule for existingmunicipal solid waste landfills. Existing municipal solid waste landfill operational standards for collection and control systems. Existingmunicipal solid waste landfill complianceprovisions. Existingmunicipal solid waste landfill monitoringprovisions. Existingmunicipal solid waste landfill reporting andrecordkeeping. 74:36:07:42.01 Additionalreporting for existingmunicipal solid wastelandfills. 74:36:07:43 74:36:07:44 74:36:07:45 74:36:07:46 Standards ofperformance for newmunicipal solid waste landfills. Standards ofperformance for nitric acid plants. Standards ofperformance for sulfuric acidplants. Standards ofperformance for petroleumrefineries. 8174:36:07:46.01 Standards of performance for petroleum refineries for which construction, • 74:36:07:47 74:36:07:48 74:36:07:49 74:36:07:50

74:36:07:51 74:36:07:52 74:36:07:53 74:36:07:54 74:36:07:55 74:36:07:56 74:36:07:57 74:36:07:58 74:36:07:59 74:36:07:60 74:36:07:61 74:36:07:62 74:36:07:63 reconstruction, ormodification commenced afterMay 14, 2007. Standards ofperformance for secondarylead smelters. Standards ofperformance for secondarybrass and bronzeproductionplants. Standards of performance for primary emissions from basic oxygen process furnaces for which construction commenced after June 11, 1973. Standards ofperformance for secondary emissions from basic oxygen process steelmaking facilities for which construction commenced after January 20, 1983. Standards ofperformance for primarycopper smelter. Standards ofperformance for primaryzinc smelter. Standards ofperformance for primarylead smelter. 

# • Standards ofperformance for primary aluminum reduction plant. Standards ofperformance for wet-process phosphoric acid plant. Standards ofperformance for superphosphoric acid plant. Standards ofperformancefor diammoniumphosphateplant. Standards ofperformance for triple superphosphateplant. Standards ofperformance for granulartriple superphosphate storagefacility. Standards ofperformance for ferroalloyproductionplant. Standards of performance for electric arc furnaces and argon-oxygen decarburization vessels constructed afterAugust 17, 1983. Standards ofperformance for kraft pulp mills. Standards ofperformance for glass manufacturingplant. 

# • 82

# •
•
• 74:36:07:64 74:36:07:65 74:36:07:66 74:36:07:67 74:36:07:68 74:36:07:69 74:36:07:70 74:36:07:71 74:36:07:72 74:36:07:73 74:36:07:74 74:36:07:75 74:36:07:76 Standards ofperformance for surface coatingofmetal furniture. Standards ofperformance for lead-acidbatterymanufacturingplant. Standards of performance for automobile and light duty truck surface coating operations. Standards ofperformance for phosphaterockplants. Standards ofperformance for ammonium sulfate manufacture. Standards ofperformance for industrial surface coating -- Large appliances. Standards ofperformance for metal coil surface coating. Standards of performance for asphalt processing and asphalt roofing manufacture. Standards ofperformance forbeverage can surface coating industry. Standards ofperformancefor rubbertiremanufacturingindustry. Standards of performance for volatile organic compound emissions from polymermanufacturingindustry. Standards ofperformance for flexible vinyl and urethane coating and printing. Standards ofperformance for equipment leaks ofVOCinpetroleumrefineries. 74:36:07:76.01 Standards ofperformance for equipment leaks ofVOCin petroleumrefineries. 74:36:07:77 74:36:07:78 74:36:07:79 74:36:07:80 Standards ofperformance for synthetic fiber production facility. Standards ofperformance for VOC emissions from synthetic organic chemical manufacturingindustry air oxidationunitprocess. Standards ofperformance for equipment leaks ofVOC from onshorenatural gas processingplant. Standards ofperformance for onshorenatural gas processing. 83

### 74:36:07:81 74:36:07:82 74:36:07:83 74:36:07:84 74:36:07:85

74:36:07:86

74:36:07:87

74:36:07:88 74:36:07:89 74:36:07:90 Standards ofperformancefor wool fiberglass insulationmanufacturingplant. Standards of performance for VOC emissions from petroleum refinery wastewater system. Standards ofperformance for industrial surface coating -- Surface coating of plasticparts for business machines. Standards ofperformance for polymeric coating ofsupporting substrates facility. Standards ofperformance for small municipal waste combustion units for which construction commenced after August 30, 1999, or modification or reconstruction commenced after June 6, 2001. Standards ofperformance for commercial and industrial solid waste incineration units for which construction commenced after November 30, 1999, or modification orreconstruction commenced on or afterJune 1, 2001. Standards of performance for other solid waste incineration units for which construction commenced after December 9, 2004, or modification or reconstruction commenced onorafter June 16, 2006. Standards of performance for stationary compression ignition internal combustion engines. Standards ofperformance for stationary combustion turbines. Standards of performance for stationary spark ignition internal combustion engines.

84 

# •
•
•

# • 74:36:07:01. New source performance standards. The general provisions for new source performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, (July 1, 2006 July I, 2009). For the purposes of this chapter, "administrator" means the secretary 

### e:f--the**ae~artmeat,** except for those authorities which cannot be delegated to the state, in which case "administrator" means both the administrator ofthe Environmental Protection Agency and the secretary oftho**a~artmeflt.** 

### Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:08:43, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, • 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007. 

# • General Authority: SDCL 34A-1-6. 

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

### 74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The standards ofperformance for fossil fuel-fired steam generators are those in40 C.F.R. §§ 60.40 to 60.46, inclusive, (July 1, 2006 July I,2009). 

### Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:09:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 852000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR • 209, effective June 13, 2006; 33 SDR217, effectiveJune 13,2007. General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-18. 74:36:07:03. Standards of performance for electric utility steam generators. The standards ofperformance for electric utility steam generators are those in 40 C.F.R. §§ 60.40Da to 60.49Da, inclusive, (fuly 1, 2006 July 1, 2009). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:10:15, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, • 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-18. 74:36:07:04. Standards ofperformance for industrial, commercial, and institutional steam generating units. The standards of performance for industrial, commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (July 1, :2,006July 1, 2009). 

# • 86

### • Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:24:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007. 

### General Authority: SDCL34A-1-6. 

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

### 74:36:07:05. Standards of performance for small industrial, commercial, and institutional steam generating units. The standards of performance for small industrial, commercial, and institutional steam generating units are those in40 C.F.R. §§ 60.40c to 60.48c, • inclusive, (July 1, 200€i July 1, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operatingpermit, provided the sourcebums solely 

# • natural gas or propane and is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in40 C.F.R. §§ 60.40cto 60.48c (July 1, 2009). 

### Source: 19 SDR 157, effective Apri122, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. 

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

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

### 74:36:07:06. Standards ofperformance for incinerators. 

### The standards ofperformance for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, (Jl:lly 

### 1, ;woe 

### July 1, 

### 2009). Source: 

### 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:11:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

### 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007. General Authority: 

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

### SDCL 34A-1-18. 74:36:07:06.01. Standards of performance for hospital/medical/infectious waste incinerators constructed on or before June 20, 1996. 

### 40 C.F.R. Part 60, Subpart Ce (Jl:lly 

### 1,**~** 

### July 1, 

### 2009), is incorporated into this rule by reference. Designated facilities under this subpart shall comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e to 60.38e, inclusive, (Jl:lly 

### 1, 2006 July 1, 

### 2009). The owner or operator ofa hospital/medical/infectious waste incinerator constructed on or before June 20, 1996, that decides to cease operation shall notify the department within six months of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. The written notification shall inform the department ofwhen the unit will be shutdown. The

88 

# •
•
•• shutdown date may not exceed one year after EPA's approval of the state plan for hospital/medical/infectious wasteincinerators. The owner or operator ofa hospital/medical/infectious waste incinerator constructed on or before June 20, 1996, that decides to comply with the requirements ofthis section shall submit a complianceplan within six months ofstateplan approval thatmeets the following deadlines: (1) Submit a Part 70 operating permit application and design drawings ofthe airpollution control device to the department within one year ofstate plan approval; (2) Submit a copy ofthe purchase order or other documentation indicati1,1g an order has • been placed for the major components ofthe air pollution control device within 15 months of state plan approval; 

# • (3) Begin initiation of site preparation for installation ofthe air pollution control device within 2 years after stateplan approval; (4) Complete installation ofthe air pollution control device within 30 months after state plan approval; and (5) Conduct aperformance test within 33 months after stateplan approval.

89The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 2006 • July 1, 2009) within one year after state plan approval. The owner oroperator shall comply with the remaining requirements in this section within three years after state plan approval or by September 15, 2002, whicheveris earlier. 

### Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13,2007. 

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

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

### 74:36:07:06.02. Standards of performance for hospital/medical/infectious waste • incinerators for which construction is commenced after June 20, 1996. The standards of performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, are those in40 C.F.R. §§ 60.50cto 60.58c (July 1, 2006 July 1, 2009). 

### Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007. 

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

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

# • 90

# •
•
• 74:36:07:07. Standards of performance for municipal waste combustors. The standards ofperformance for municipal waste combustors are those in 40 C.P.R. §§ 60.50a to 60.59a, inclusive, (Jffiy 1, 200€iJuly l,2009). 

### Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 18 SDR 90, effective November 24, 1991; transferred from§ 74:26:26:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiveJanuary2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13,2007. 

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

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

### 74:36:07:07.01. Standards of performance for municipal combustors constructed after September 20, 1994. The standards of performance for municipal waste combustors constructed after September 20, 1994, ormodified orreconstructed after June 19, 1996, are those in 40 C.P.R.§§ 60.50b to 60.59b, inclusive, (July 1, 200€iJuly 1, 2009). 

### Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007.

### General Authority: SDCL 34A-1-6. 91LawImplemented: SDCL 34A-l-18. 74:36:07:09. Standards ofperformance for portland cement plants. The standards of performance for portland cement plants are those in 40 C.P.R. §§ 60.60 to 60.66, inclusive, (:ffil.y 1, 2006 July 1, 2009). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:12:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-18. 74:36:07:10. Standards ofperformance for asphalt concrete plants. The standards of performance for asphalt concrete plants are those in 40 C.P.R. §§ 60.90 to 60.93, inclusive, (:ffil.y 1, 2006 July l,2009). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:13:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 92 

# •
•
•

# • GeneralAuthority: SDCL34A-1-6. 

### Law Implemented: SDCL34A-1-18. 

### 74:36:07:12. Standards of performance for storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978. The standards ofperformance for storage vessels ofpetroleum liquids constructed after June 11, 1973, and before May 19, 1978, are those in40 C.P.R. §§ 60.110 to 60.113, inclusive, (July 1, 2006 July 1, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit ifthe unit is not required to install controls and provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.P.R. §§ 60.110 to 60.113 • (July 1, 2009).


# • Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:14:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

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

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

### 74:36:07:13. Standards of performance for storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984. The standards ofperformance for 93storage vessels ofpetroleum liquids constructed after May 18, 1978, and before July 24, 1984, • are those in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009 July l, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls and provided the source is not required to obtain a Part 70 operating permit for a reason other than the. source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110a to 60.115a (July 1, 2009). Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:20:19, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, • 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR 217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:14. Standards of performance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984. The standards of performance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984, are those in 40 C.F.R. § §60.11Ob to 60.117b, inclusive, (July 1, 2009 July l, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit if 

# •
94• the unit is not required to install controls and provided the source is notrequired to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted 

# •
• sources must still meet the applicable requirements in 40 C.P.R.§§ 60.110b to 60.117b (July 1, 2009). Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:25:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:15. Standards ofperformance for sewage treatment plants. The standards of performance for sewage treatment plants are those in 40 C.P.R. §§ 60.150 to 60.156, inclusive, (Ally 1, 2006 July 1, 2009). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

### §74:26:15:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. 95

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

### 74:36:07:16. Standards ofperformance for coal preparation plants. The standards of performance for coal preparation plants are those in 40 C.F.R. §§ 60.250 to 60.254, inclusive, (Jl:Hy 1, 2009 July 1,2009). 

### Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:16:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007. 

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

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

### 74:36:07:17. Standards of performance for grain elevators. The standards of performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (Jl:Hy 1, ;wGe July 1, 2009). A source subjectto this subpartis exemptfrom the obligationto obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operatingpermit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicablerequirements in 40 C.F.R. §§ 60.300 to 60.304 (July 1, 2009). 

### Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:17:06, 19 SDR 157, 96 

# •
•
•• effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:18. Standards of performance for stationary gas turbines. The standards of performance for stationary gas turbines are those in 40 C.P.R. §§ 60.330 to 60.335, inclusive, (Jaly 1, 2006 July 1, 2009). Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, • 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:19:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

# • December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:19. Standards ofperformance for lime manufacturing plants. The standards of performance for lime manufacturing plants are those in 40 C.P.R. §§ 60.340 to 60.344, inclusive, (Jaly 1, 2006 July 1, 2009).

97Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; • transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:20. Standards of performance for metallic mineral processing plants. The standards ofperformance for metallic mineral processingplants are those in 40 C.F.R. §§ 60.380 to 60.386, inclusive, (Jaly 1, 2006 July l,2009). Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:21:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:21. Standards ofperformance for pressure-sensitive tape and label surface 

# •

coating operations. The standards ofperformance for pressure-sensitive tape and label surface • 98• coating operations are those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, {Jlclly I, 2009 July 1, 2009). Source: 19 SDR 157, effective Apri122, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:22. Standards ofperformance for equipment leaks ofVOC in the synthetic • organic chemicals manufacturing industry. The standards ofperformance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. 

# • §§ 60.480 to 60.489, inclusive, (July 1, 2009 July 1, 2009). Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

99

### 74:36:07:22.01. Standards of performance for equipment leaks of VOC in the • synthetic organic chemicals manufacturing industry for which construction, reconstruction, or modification commenced after November 7, 2006. The standards of performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry, for which construction, reconstruction, or modification commenced after November 7, 2006, are those in 40 C.F.R. §SubpartVVa (July l, 2009). 

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

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

### 74:36:07:23. Standards ofperformance for bulk gasoline terminals. The standards of • performance for bulk gasoline terminals are those in 40 C.F.R. §§ 60.500 to 60.506, inclusive, (Jaly 1, 2QQ6 July 1, 2009). 

### Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR 217, effective June 13, 2007. 

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

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

100 

# •

# •
•
• 74:36:07:24. Standards of performance for new residential wood heaters. The standards ofperformance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 60.539b, inclusive, 

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

### Source: I9 SDR I57, effectiveApril22, 1993; 2I SDR II9, effective January 5, I995; 23 SDR I06, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September I, 2003; 3I SDR 101, effective January2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. 

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

### Law Implemented: SDCL34A-l-18. 

### 74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, (lHly 1, 2006 July I, 2009). A source subject to this subpart is exempt from the obligation to obtain a Part 70 operatingpermitprovided the source is notrequired to obtain a Part70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicablerequirements in40 C.F.R. §§ 60.620 to 60.625 (July I, 2009). 

### Source: 19 SDR I57, effective April22, 1993; 21 SDR 119, effective January 5, I995; 23 SDR 106, effective December 29, I996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 .SDR 217, effective June 13, 2007.

### General Authority: SDCL 34A-l-6. 101

### LawImplemented: SDCL34A-l-18. 

# • 74:36:07:26. Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations. The standards of performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, (July 1,**~July** 1, 2009). 

### Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. • 

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

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

### 74:36:07:27. Standards of performance for nonmetallic mineral processing plants. The standards ofperformance for nonmetallic mineral processing plants are those in 40 C.F.R. §§ 60.670 to 60.676, inclusive, (July 1, 2006 July 1, 2009). 

### Source: 12 SDR 183, effective May21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:23:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 102 

# •• 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL34A-1-18. 74:36:07:28. Standards of performance for magnetic tape coating facilities. The standards ofperformance for magnetic tape coating facilities are those in40 C.F.R. §§ 60.710 to 60.718,inclusive, (J"ffiy 1,

## ;woe July 1, 2009). Source: 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, • effective September 1, 2003; 31 SDR 101, effectiveJanuary 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. General Authority: SDCL34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:31. Standards of performance for graphic arts industry -- Publication rotogravure printing. The standards ofperformance for publication rotogravure printing in the graphic arts industry are those in 40 C.F.R. §§ 60.430 to 60.435, inclusive, (July I, 

## ;woe July 1, 2009). 

# •
103

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

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

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

### 74:36:07:32. Standards of performance for volatile organic compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The standards of performance for volatile organic compound emissions from synthetic organic chemical manufacturing industry reactor processes are those in 40 C.P.R. §§ 60.700 to 60.707, inclusive, 

### (JW.y 1, 2006 July 1, 2009). 

### Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007. 

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

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

### 74:36:07:33. Standards of performance for calciners and dryers in mineral industries. The standards ofperformance for calciners and dryers inmineral industries are those in40 C.P.R.§§ 60.730 to 60.736, inclusive, (Jaly 1, 2006 July 1, 2009).

104 

# •
•

# • Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September I, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-18. 74:36:07:34. Existing municipal solid waste landf"ill. The owner or operator of an existing municipal solid waste landfill that meets the following conditions shall comply with §§ 74:36:07:35 to 74:36:07:42, inclusive: 

### (I) The landfill has accepted waste at any time since November 8, 1987, or has additional • design capacity available for future waste deposition; (2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters. The landfill may calculate design capacity eitherin megagrams orcubic meters. Densityconversions mustbe documented and submitted withthe report; and (3) The landfill has a nonmethane organic compound emissionrate of50 megagrams a year or more. The calculation ofthe landfill nonmethane organic compound emission rate must meet the requirements of 40 C.F.R. § 60.754 (Jl:Hy 1, 2006 July I, 2009), to determine the landfill nonmethane organic compound emissionrate. 

# •
105Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; • 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL34A-1-6. LawImplemented: SDCL34A-1-18. 74:36:07:36. Collection system. The department shall approve the collection and control system plan ifitis equivalent to ormeets the conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) (Jffiy 1, 2006 July 1, 2009), and the control requirements in§ 74:36:07:37. Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; • 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:37. Control system. The department shall approve the control system if it is equivalentto ormeets one ofthe following requirements: (1) An open flare designed and operated in accordance with the parameters established in 40 C.F.R. § 60.18 

### (Jffiy 1, 2006 July 1,2009); 

# •
106

# •
•
• (2) A control system designed and operated to reduce nonmethane organic compounds by 98 percentbyweight; or (3) An enclosed combustor designed and operated to either reduce nonmethane organic compounds by 98 percent by weight or the outlet nonmethane organic compound concentration to 20 parts permillion as hexanebyvolume, drybasis at three percent oxygen, orless. Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:39. Existing municipal solid waste landfill operational standards for collection and control systems. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for collection and control systems in40 C.F.R. § 60.753 (J1:1ly 1, 2009 July 1, 2009). Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 107General Authority: SDCL34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 shall meet the compliance provisions in 40 C.P.R. § 60.755 (l1:1ly 1, 2006 July 1, 2009). Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL34A-1-18. 74:36:07:41. Existing municipal solid waste landfill monitoringprovisions. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 shall meet the monitoring provisions in 40 C.P.R. § 60.756 (Jwy 1, 2006 July 1, 2009). Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,

108 

# •
•
•• effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping. The owner or operator ofan existing municipal solid waste landfill that meets the requirements of§ 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.F.R. §§ 60.757 and 60.758 (Jaly 1, 2006 July 1, 2009). Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; • 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The owner or operator of an existing municipal solid waste landfill that meets the requirements of subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound emission ratereport within 90 days ofthe effective date ofEPA's approval ofthe state's § 111(d) plan required in the Clean Air Act and annually or every five years thereafter in accordance with 

# • 40 C.F.R. § 60.757(b) (Jaly 1, 2006 July 1, 2009). 109Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18 74:36:07:43. Standards of performance for new municipal solid waste landf"Ills. The standards of performance for municipal solid waste landfills that commenced construction, reconstruction, or modification on or after May 29, 1991, are those in 40 C.P.R. §§ 60.751 to 60.759, inclusive, (Jl:Hy 1, 2006 July 1, 2009). Physical or operational changes made to existing 

# •

municipal solid waste landfills solely to comply with §§ 74:36:07:34 to 74:36:07:42, inclusive, • or activities required by or conducted pursuant to a CERCLA, RCRA, or state remedial action are not considered construction, reconstruction, ormodification for purposes ofthis section. Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007.GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18.

110 

# •

# •
•
• 74:36:07:44. Standards of performance for nitric acid plants. The standards of performance for nitric acid plants are those in 40 C.P.R. §§ 60.70 to 60.74, inclusive, (July 1,**~July** 1, 2009). 

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

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

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

### 74:36:07:45. Standards of performance for sulfuric acid plants. The standards of performance for sulfuric acid plants are those in 40 C.P.R.§§ 60.80 to 60.85, inclusive, (July 1,**~July** 1, 2009). 

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

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

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

### 74:36:07:46. Standards of performance for petroleum refmeries. The standards of performance for petroleum refineries are those in 40 C.P.R. §§ 60.100 to 60.108, inclusive, (July 1, 2006 July 1, 2009). 

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

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

### Law Implemented: SDCL 34A-1-18. Ill74:36:07:46.01. Standards of performance for petroleum refmeries for which construction, reconstruction, or modification commenced after May 14, 2007. The standards ofperformance for petroleum refineries for which construction, reconstruction, or modification commenced after May 14, 2007, are those in40 C.P.R.§ 60, SubpartJa, (July 1, 2009). Source: GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:47. Standards ofperformance for secondary lead smelters. The standards of performance for secondary lead smelters are those in 40 C.P.R. §§ 60.120 to 60.123, inclusive, (July 1, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:07:48. Standards of performance for secondary brass and bronze production plants. The standards ofperformance for secondarybrass and bronze productionplants are those in40 C.P.R. §§ 60.130 to 60.133, inclusive, (fuly I, 2006 July 1, 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. 112 

# •
•
•

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

### 74:36:07:49. Standards of performance for primary emissions from basic oxygen process furnaces for which construction commenced after June 11, 1973. The standards of performance for basic oxygen process furnaces are those in 40 C.P.R. §§ 60.140 to 60.144, inclusive, (July 1, 2006 July 1, 2009). 

### Source: 33 

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

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

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

### 74:36:07:50. Standards of performance for secondary emissions from basic oxygen process steelmaking facilities for which construction commenced after January 20, 1983. The standards ofperformance for basic oxygen process steelmaking facilities are those in 40 C.P.R.§§ 60.140ato 60.145a, inclusive, (July l, 2006 July 1, 2009). 

### Source: 33 

### SDR 217, effective June 

### 13, 2007. 

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

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

### 74:36:07:51. Standards ofperformance for primary copper smelter. The standards of performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, (July 1, 2006 July 1, 2009). 113Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:52. Standards of performance for primary zinc smelter. The standards of performance for primary zinc smelters are those in 40 C.P.R. §§ 60.170 to 60.176, inclusive, (July I, 2006 July 1,2009). Source: 33 SDR217, effectiveJune 13,2007. General Authority: SDCL 34A-1-6. LawImplemented: SDCL34A-l-18. 74:36:07:53. Standards of performance for primary lead smelter. The standards of performance for primary lead smelters are those in 40 C.P.R. §§ 60.180 to 60.186, inclusive, (July I, 2006 July 1,2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL34A-l-6. LawImplemented: SDCL34A-1-18.

114 

# •
•
•

# •
•
• 74:36:07:54. Standards ofperformance for primary aluminum reduction plant. The standards of performance for primary aluminum reduction plants are those in 40 C.F.R.

- §§ 

### 60.190 to 60.195, inclusive, (Jwy 1, 2006 July 1, 

### 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. §§ 

### 60.200 to 60.204, inclusive,**{Jt~ly** 

### 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:56. Standards ofperformancefor superphosphoric acidplant. The standards of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 

### 60.210 to 60.214, inclusive, (Jwy 1, 2006 July 1, 

### 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 115

### 74:36:07:57. Standards of performance for diammonium phosphate plant. The standards ofperformance for diammonium phosphate plants are those in 40 C.F.R. §§ 

### 60.220 to 60.224, inclusive, (J1:1ly I, 

### 2006 July 

### 1. 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:58. Standards of performance for triple superphosphate plant. The standards ofperformance for triple superphosphate plants are those in 40 C.F.R. §§ 

### 60.230 to 60.234, inclusive, (J1:1ly 

### 1, 2006 July 

### 1. 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:59. Standards of performance for granular triple superphosphate storage facility. The standards ofperformance for granular triple superphosphate storage facilities are those in 40 C.F.R. §§ 

### 60.240 to 60.244, inclusive, (J1:1ly l, 

### 2006 July 

### 1. 2009). Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. 116 

# •
•
•

# • LawImplemented: SDCL 34A-1-18. 74:36:07:60. Standards ofperformance for ferroalloy production plant. The standards of performance for ferroalloy production plants are those in 40 C.P.R. §§ 60.260 to 60.266, inclusive, 

### (J1:1ly 1, 2006 July 1, 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen • decarburization vessels constructed after August 17, 1983. The standards ofperformance for electric arc furnaces and argon-oxygen decarburization vessels are those in40 C.P.R. §§ 60.270a 

# • to 60.276a, inclusive, 

### (J1:1ly 1, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:62. Standards of performance for kraft pulp mills. The standards of performance for kraft pulp mills are those in 40 C.P.R. §§ 60.280 to 60.285, inclusive, 

### (fuly I, 2006July 1, 2009).

117

### Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:63. Standards ofperformance for glass manufacturing plant. The standards of performance for glass manufacturing plants are those in 40 C.P.R. §§ 60.290 to 60.296, inclusive, (Il:tly 1, 2006 July 1, 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:64. Standards of performance for surface coating of metal furniture. The standards ofperformance for surface coating ofmetal furniture are those in 40 C.P.R.§§ 60.310 to 60.316, inclusive, (July 1, 2006 July 1, 

### 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:65. Standards of performance for lead-acid battery manufacturing plant. The standards ofperformance for lead-acid battery manufacturing plants are those in 40 C.F.R. §§ 60.370 to 60.374, inclusive, (July 

### 1, 2006 July 1, 

### 2009). 118 

# •
•
•

# •
•
• Source: 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:66. Standards ofperformance for automobile and light duty truck surface coating operations. The standards ofperformance for automobile and light duty truck surface coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, 

### (laly 1, 2009 July 1, 2009). Source: 33 SDR217, effective June 13,2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-l-18. 74:36:07:67. Standards of performance for phosphate rock plants. The standards of performance for phosphate rock plants are those in 40 C.F.R. §§ 60.400 to 60.404, inclusive, 

### (laly 1, 2009 July l,2009). Source: 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-l-18.

119

### 74:36:07:68. Standards of performance for ammonium sulfate manufacture. The • standards ofperformance for ammonium sulfatemanufacture are those in40 C.F.R. §§ 60.420 to 60.424, inclusive, 

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

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

### GeneralAuthority: SDCL34A-l-6. 

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

### 74:36:07:69. Standards of performance for industrial surface coating -- Large appliances. The standards ofperformance for industrial surface coating oflarge appliances are those in40 C.F.R. §§ 60.450 to 60.456, inclusive, 

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

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

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

### LawImplemented: SDCL34A-l-18. 

### 74:36:07:70. Standards ofperformance for metal coil surface coating. The standards of performance for metal coil surface coating are those in 40 C.F.R. §§ 60.460 to 60.466, inclusive, 

### (Jul-y 1, 2006 July 1, 2009). 

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

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

### LawImplemented: SDCL34A-l-18. 

# • 120

# • 74:36:07:71. 

### Standards of performance for asphalt processing and asphalt roofmg manufacture. The standards of performance for asphalt processing and asphalt roofing manufacture are those in40 

### C.P.R. §§ 60.470 

### to 60.474, 

### inclusive, (Jtdy 

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

### Source: 33 

### SDR 217, 

### effective June 13, 2007. 

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

### LawImplemented: SDCL 34A-1-18. 74:36:07:72. 

### Standards of performance for beverage can surface coating industry. The standards ofperformance for beverage can surface coating industry are those in 40 

### C.P.R. • §§ 60.490 

### to 60.496, 

### inclusive, (J1:1ly 1, 

### 2006 July 1, 2009).


# • Source: 33 

### SDR 217, 

### effective June 13, 2007. 

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

### LawImplemented: SDCL 34A-1-18. 74:36:07:73. 

### Standards ofperformance for rubber tire manufacturing industry. The standards ofperformance for rubber tire manufacturingindustry are those in 40

### C.P.R. §§ 60.540 

### to 60.548, 

### inclusive, (J1:1ly 

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

### Source: 33 

### SDR 217, 

### effectiveJune 13, 2007. 

### GeneralAuthority: SDCL 34A-1-6. 121

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

### 74:36:07:74. Standards of performance for volatile organic compound emissions from polymer manufacturing industry. The standards of performance for polymer manufacturing industry are those in 40 C.F.R. §§ 60.560 to 60.566, inclusive, (Jffiy 1, 2006 July 1, 2009). 

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

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

### Law Implemented: SDCL34A-1-18. 

# •

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and • printing. The standards ofperformance for flexible vinyl and urethane coating and printing are those in40 C.F.R. §§ 60.580 to 60.585, inclusive,**(J~:lly** 1, 2006 July 1, 2009). 

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

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

### Law Implemented: SDCL34A-1-18. 

### 74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum refmeries. The standards ofperformance for equipment leaks inpetroleumrefineries are those in 40C.F.R. §§ 60.590 to 60.593, inclusive, (J1:1ly 1, 2006 July 1, 2009).

122 

# •

# •
•
• Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:76.01. Standards ofperformance for equipment leaks ofVOC in petroleum refmeries. The standards ofperformance for equipment leaks in petroleum refineries for which construction, reconstruction, or modification commenced after November 7, 2006, are those in 40 C.P.R. § 

### 60, Subpart GGGa, (July 1, 

### 2009). Source: GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:77. Standards of performance for synthetic fiber production facility. The standards of performance for synthetic fiber production facilities· are those in 40 C.P.R. §§ 

### 60.600 to 60.604, inclusive, (Jffiy 

### 1, 2006 July 1, 

### 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:78. Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry air oxidation unit process. The standards ofperformance 123for synthetic organic chemical manufacturing industry air oxidationunitprocesses are those in40 • C.F.R. §§ 60.610 to 60.618, inclusive, 

### (JHly 1, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL34A-1-18. 74:36:07:79. Standards of performance for equipment leaks of VOC from onshore natural gas processing plant. The standards ofperformance for equipment leaks from onshore natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, 

### (J\ily 1, 2006 July 1, 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-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, 

### (JHly 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 124 

# •
•

# • 74:36:07:81. Standards ofperformance for wool fiberglass insulation manufacturing plant. The standards of performance for wool fiberglass insulation manufacturing plants are those in40 C.F.R. §§ 60.680 to 60.685, inclusive, (Ja-ly 1, 2909 July 1, 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:07:82. Standards ofperformance for VOC emissions from petroleum refmery wastewater system. The standards ofperformance for petroleum refinery wastewater systems • are those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, (July 1, 2009 July 1, 2009).


# • Source: 33 SDR 217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. 125GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:84. Standards of performance for polymeric coating of supporting substrates facility. The standards ofperformance for polymeric coating ofsupporting substrates facilities are those in40 C.P.R. §§ 60.740 to 60.748, inclusive, (July 1, 2006 July I,2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 

# •

74:36:07:85. Standards ofperformance for small municipal waste combustion units • for which construction commenced after August 30, 1999, or modification or reconstruction commenced after June 6, 2001. The standards of performance for small municipal waste combustionunits are those in 40 C.P.R. § 60, SubpartAAAA (July 1, 2006 July l, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:86. Standards of performance for commercial or industrial solid waste incineration units for which construction commenced after November 30, 1999, or 126 

# •• modification or reconstruction commenced on or after June 1, 2001. The standards of performance for commercial solid waste incineration units are those in 40 C.F.R. § 60, Subpart ecce (Jttly 1, 2.006 July 1, 2009). Source: 33 SDR217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-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 thosein40C.F.R. § 60, Subpart EEEE (Jttly 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:88. Standards ofperformance for stationary compression ignition internal combustion engines. The standards ofperformance for stationary compression ignition internal combustion engines are those in 40 C.F.R. § 60, Subpart IIII (Jwy 1, 2006 July 1, 2009). A source subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than 

# •

127the source is subject to this subpart. Exempted sources must still meet the applicable • requirements in40 C.P.R. § 60 Subpart IIII (July 1,2009). 

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

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

### LawImplemented: SDCL34A-l-18. 

### 74:36:07:89. Standards of performance for stationary combustion turbines. The standards ofperformancefor stationary combustionturbines arethosein40 C.P.R.§§ 60.4300to 60.4420, inclusive, (J1:1ly 1, 2006 July 1, 2009). 

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

# • General Authority: SDCL 34A-1-6. 

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

### 74:36:07:90. 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 this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.P.R. § 60 Subpart JJJJ (July 1, 2009). 

# •

128

# •
•
• Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. CHAPTER74:36:08 NATIONAL EMISSION STANDARDS FORHAZARDOUS AIRPOLLUTANTS

Section 74:36:08:00 74:36:08:01 74:36:08:02 Administrator defined. General provisions-- National emission standards for hazardous airpollutants. Emission standards for asbestos airpollutants. 74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) ofbenzene. 74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels. 74:36:08:02.03 Emission standards forbenzene emissions from benzenetransfer operations. 74:36:08:02.04 Emission standards for benzene waste operations. 74:36:08:03 General provisions -- National emission standards for hazardous air pollutants for source categories. 74:36:08:03.01 Requirements for control technology determinations for major sources in accordance with CleanAir Act sections l12(g) and 112G). 74:36:08:04 National perchloroethylene air emission standards for drycleaningfacilities.

12974:36:08:05 74:36:08:06

74:36:08:07 74:36:08:08 74:36:08:09 74:36:08:10 74:36:08:11 74:36:08:12 74:36:08:13 74:36:08:14 74:36:08:15 74:36:08:16 74:36:08:17 74:36:08:18 74:36:08:19 National emission standards for organic hazardous atr pollutants from the synthetic organic chemical manufacturingindustry. National emission standards for organic hazardous air pollutants from synthetic organic chemical manufacturing industry process vents, storage vessels, transfer operations, and wastewater. National emission standards for organic hazardous air pollutants for equipment leaks. National emission standards for organic hazardous air pollutants for certain processes subjectto negotiatedregulations for equipment leaks. National emission standards for chromium emissions from hard and decorative chromium electroplating and chromium anodizingtanks. National emission standards for ethylene oxide emissions from sterilization facilities. Nationalemission standards for industrialprocess coolingtowers. National emission standards for gasoline distribution facilities (bulk gasoline terminals andpipelinebreakout stations). National emission standards for halogenated solventcleaning. National emission standards for woodfurniture manufacturing operations. National emission standards for aerospace manufacturing. National emission standards for tanks. National emission standards for containers. National emission standards for surfaceimpoundments. National emission standards for individual drain systems. 130 

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• 74:36:08:20 National emission standards for oil-water separators and organic-water separators. 74:36:08:20.01 National emission standards for closed vent systems, control devices, recovery devices, and routingto a fuel gas system oraprocess. 74:36:08:20.02 National emission standards for equipmentleaks. 74:36:08:21 74:36:08:22 74:36:08:23 74:36:08:24 74:36:08:25 74:36:08:26 74:36:08:27 74:36:08:28 74:36:08:29 74:36:08:30 74:36:08:31 74:36:08:32 facilities. 74:36:08:33 manufacturing. National emission standards for hazardous air pollutants from the portland cementmanufacturing industry. National emission standards for hazardous air pollutants for pesticide active ingredientproduction. National emission standards for the printing and publishingindustry. National emission standards for oil and natural gas production facilities. National emission standards for natural gas transmission and storage facilities. National emission standards for secondary aluminum production. National emission standards for publicly owned treatment works. National emission standards for solvent extractionfor vegetable oil production. National emission standards for paper and otherweb coating. National emission standards for municipal solid waste landfills. National emission standards for surface coating ofmetal furniture. National emission standards for integrated iron and steel manufacturing National emission standards for brick and structural clay products

13174:36:08:34 74:36:08:35 operations. 74:36:08:36 74:36:08:37 74:36:08:38 74:36:08:39 74:36:08:40 74:36:08:41 74:36:08:42 74:36:08:43 74:36:08:44 74:36:08:45 74:36:08:46 74:36:08:47 74:36:08:48 74:36:08:49 74:36:08:50 National emission standards for asphalt processing and asphalt roofing manufacturing. National emission standards for flexible polyurethane foam fabrication National emission standards for engine test cells/stands. National emission standards for surface coating ofmiscellaneous metalparts 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 and process heaters. National emission standards for polyvinyl chloride and copolymersproduction. National emission standards for coke ovenbatteries. National emission standards for pulp and paperindustry. National emission standards for group Ipolymers andresins. National emission standards for epoxy resins production and non-nylon polyamides production. National emission standards for secondarylead smelting. National emission standards for phosphoric acid manufacturingplants. National emission standards for phosphate fertilizers productionplants. National emission standards for petroleumrefineries. 132 

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• 74:36:08:51 74:36:08:52 74:36:08:53 74:36:08:54 74:36:08:55 74:36:08:56 74:36:08:57 74:36:08:58 74:36:08:59 74:36:08:60 74:36:08:61 74:36:08:62 74:36:08:63 74:36:08:64 74:36:08:65 74:36:08:66 74:36:08:67 74:36:08:68 National emission standards for off-site waste and recoveryoperations. National emission standards for magnetictape manufacturing operations. National emission standards for primary aluminumreduction plants. National emission standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical pulpmills. National emission standards for ethylene manufacturing process units -- Heat exchange systems and waste operations. Genericmaximum achievable control technology standards. National emission standards for steel pickling -- HC1 process facilities and hydrochloric acid regenerationplants. National emission standards for mineral wool production. National emission standards for hazardous waste combustors. National emission standards for pharmaceutical production. National emission standards for group IVpolymers and resins. National emission standards for wool fiberglass production. National emission standards for manufacture ofamino/phenolicresins. National emission standards for polyetherpolyols production. National emission standards for primarycopper smelting. National emission standards for primarylead smelting. National emission standards for petroleum refineries -- Catalytic cracking, catalyticreforming, and sulfurrecoveryunits. National emission standards for ferroalloy production -- Ferromanganese and silicomanganese. 13374:36:08:69 74:36:08:70 74:36:08:71 74:36:08:72 74:36:08:73 74:36:08:74 74:36:08:75 74:36:08:76 74:36:08:77 74:36:08:78 74:36:08:79 74:36:08:80 74:36:08:81 74:36:08:82 74:36:08:83 74:36:08:84 74:36:08:85 74:36:08:86 74:36:08:87 74:36:08:88 National emission standards for themanufacture ofnutritional yeast. National emission standards for plywood and compositewoodproducts. National emission standards for non-gasoline organicliquids 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. Nationalemission standards for surface coatingofmetal cans. Nationalemission standards for surface coating oflarge appliances. National emission standards for printing, coating, and dyeing of fabrics and othertextiles. National emission standards for surface coating ofplasticparts and products. National emission standards for surface coating ofwoodbuildingproducts. National emission standards for surface coating ofmetal coil. National emission standards for leather finishing operations. National emission standards for celluloseproductsmanufacturing. National emission standards for boatmanufacturing. National emission standards for rubbertire manufacturing. National emission standards for limemanufacturingplants. National emission standards for semiconductormanufacturing. National emission standards for coke ovens --Pushing, quenching, and battery stacks. National emission standards for iron and steel foundries. 134 

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• National emission standards for siteremediation. National emission standards for miscellaneous coatingmanufacturing. National emission standards for mercury cell chlor-alkaliplants. National emission standards for clayceramics manufacturing. 74:36:08:89 74:36:08:90 74:36:08:91 74:36:08:92 74:36:08:93 National emission standards for flexible polyurethane foam fabrieatioR operatioRs 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. National emission standards for primarymagnesiumrefining. 74:36:08:94 74:36:08:95 74:36:08:96 74:36:08:97 74:36:08:98 74:36:08:99 National emission standards for polyvinyl chloride and copolymers production area sources. 74:36:08:100 National emission standards for primarycopper smelting area sources. 74:36:08:101 National emission standards for secondarycopper smelting area sources. 74:36:08:102 National emission standards for primary nonferrous metals area sources-- Zinc, cadmium, and beryllium. 74:36:08:103 National emission standards for hospital ethylene oxide sterilizers. 74:36:08:104 National emission standards for electric arc furnace steelmaking facility area sources. 74:36:08:105 National emission standards for iron and steel foundry area sources. 74:36:08:106 National emission standards for gasoline distribution bulk terminals, bulk plants, and pipeline facilities. 13574:36:08:107 National emission standards for gasoline dispensing facilities. 74:36:08:108.National emission standards for paint stripping and miscellaneous surface coating area sources. 74:36:08:109 National emission standards for acrylic and modacrylic fiber production area sources. 74:36:08:110 National emission standards for carbonblackproduction area sources. 74:36:08:111 National emission standards for chemical manufacturing area sources- chromium compounds. 74:36:08:112 National emission standards for flexible polyurethane foam production and fabrication area sources. 74:36:08:113 National emission standards for lead acidbatterymanufacturing area sources. 74:36:08:114 National emission standards for woodpreserving area sources. 74:36:08:115 National emission standards for clay ceramicmanufacturing area sources. 74:36:08:116 National emission standards for glass manufacturing area sources. 74:36:08:117 National emission standards for secondary nonferrous metal processing area sources. 74:36:08:118 National emission standards for plating and polishing area sources. 74:36:08:119 National emission standards for nine metal fabrication and finishing area sources. 74:36:08:120 National emission standards for ferroalloys production area sources. 74:36:08:121 National emission standards for aluminum, copper, and other nonferrous foundrv area sources.

136 

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• 74:36:08:01. General provisions -- National emission standards for hazardous air pollutants. The general provisions for the national emission standards for hazardous air pollutants are those in40 C.P.R.§§ 91.01 to 91.19, ieelasive, 61, SubpartA (Jaly 1, 2009 July l, 2009). Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:02. Emission standards for asbestos air pollutants. The emission standards for asbestos airpollutants are those in40 C.P.R. § 61, SubpartM (July 1, 2006 July 1, 2009). Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 95, effectiveDecember2, 1991; transferred from§ 74:26:22:02, 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective July 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-1-6. 137LawImplemented: SDCL34A-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. § 61.110 te 61.112, iReh,Jsive, 61, SubpartJ (July 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:08:02.02. Emission standards for benzene emissions from benzene storage 

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vessels. The emission standards for benzene emissions from benzene storage vessels are those in • 40 C.F.R. § 61 SubpartY (July 1, 2009). Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:02.03. Emission standards for benzene emissions from benzene transfer operations. The emission standards for benzene emissions from benzene transfer operations are those in 40 C.F.R. § 61 Subpart BB (July 1, 2009). Source: 

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138

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• GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-l-18. 74:36:08:02.04. Emission standards for benzene waste operations. The emission standards for benzene waste operations eguipment leaks ofbenzene are those in 40 C.F.R. § 

### 61 Subpart FF (July 1, 2009). Source: GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:08:03. General provisions -- National emission standards for hazardous air pollutants for source categories. The general provisions for the national emission standards for hazardous air pollutants for source categories are those in 40 C.F.R. Parts 63.1 to 63.15, inelasive, § 

### 63 SubpartA (fuly 1, 

## ;woe July I,

### 2009). Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-19.

139

### 74:36:08:03.01. Requirements for control technology determinations for major • sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for control technology determinations for major sources in accordance with Clean Air Act sections 112(g) and 112G) are those in 40 C.P.R. §§ 63.40, 63.41, ana 63.42(e) to 63.56, inelusive, 63 SubpartB (July 1, 2006 July I, 2009). 

### Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September I, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007. 

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

### Law Implemented: SDCL 34A-l-6, 34A-l-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.P.R. §§ 63.320 to 63.325, ineffisive, § 63 Subpart M (J1%ly 1, 2006 July 1, 2009). Dry eleaniag faeilities that are eonsiaerea area sourees are not reEj:ltirea to sl:lbrnit a Part 70 operating permit applieation lffitil Deeerneer 9, 2005. An area souree must still meet the awlieaele re(;j:uirernents ia 40 C.F.R. §§ 63.320 to 63.325, ineffisive, (J1%ly 1, 2006). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicablerequirements in 40 C.F.R. § 63 SubpartM (July 1, 2009).

140 

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•

# • 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 January2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR 217, effectiveJune 13,2007. 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, SubpartF (July 1, 2006 July l, 2009). 

# • Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13,2007. 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 141operations, and wastewater. The national emission standards for organic hazardous air • pollutants from synthetic organic chemicalmanufacturingindustryprocess vents, storage vessels, transfer operations, and wastewater are those in40 C.P.R. § 63, Subpart G 

### (JHly 1, 2006 July 1, 2009). Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. General Authority: SDCL34A-1-6. LawImplemented: SDCL34A-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 equipmentleaks are those in40 C.F.R. § 63, SubpartH (Jl:lly 1, 2006 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, effectiveJanuary2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-19.

142 

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• 74:36:08:08. National emission standards for organic hazardous air pollutants for certain processes subject to negotiated regulations for equipment leaks. The national emission standards for organic hazardous air pollutants for certain processes subject to the negotiated regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I 

### (Jffiy 1, 2009 July 1, 2009). 

### Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. 

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

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

### 74:36:08:09. National emission standards for chromium emissions from hard and decorative chromium electroplating and chromium anodizing tanks. The national emission standards for hard and decorative chromium electroplating and chromium anodizing tanks are those in 40 C.F.R. § 63, Subpart N (J1:dy 1, 2009 July 1, 2009). An aTea seuree that falls ffil:aer these requirements is aet reEJ:Hirea te sllbmit a Part 70 eperatiag permit applieatiea ffil:til Deeember 9, 2005. 1\n aTea seureeffib!St still meet the applieable reEJ:mremeflts ia 40 C.P.R. § 93, 81lbpart N (JHly 1, 2006). An area source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart.

143Exempted sources must still meet the applicable requirements in40 C.P.R. § 63 SubpartN (July • 1, 2009).

Deeoffitive ehi'omiam eleetroplatiHg opemtioHS or ehi'omiam anoaiziHg operatioHS that use fume suppressants aHa aeeorative ehi'omiam eleetroplatiHg operatioHs that use a trivaleHt ehi'omiambath that iHeoffJorates a wettiHg ageHt as a bath iHgreaieHt are exerHfJt from the Part70 operatiHg permit program. El<erHfJtea sourees must still meet the applieaale reEIUiremeHts iH 40 C.P.R. §63, 8!:!l3part N (July I, 2006). Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, • effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007.GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL34A-1-6, 34A-1-19. Cross-Reference: Operatingpermits forpart 70 sources, § 74:36:05. 74:36:08:10. National emission standards for ethylene oxide emissions from sterilization facilities. The national emission standards for ethylene oxide from sterilization facilities are those in 40 C.P.R. §§ 63.360 to 63.367, iHelusive, 63, Subpart 0 (July I, 2006 July I, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to 

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144• obtain a Part 70 operatingpermitprovidedthe source is notrequired to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still 

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• meetthe applicablerequirements in40 C.P.R. § 63 Subpart

### 0 (July 1, 2009). Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-l-6, 34A-l-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.P.R. § 63, Subpart 

### Q (July 1, 2006 July 1, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sourcesmust stillmeetthe applicablerequirementsin40 C.P.R. § 63 Subpart 

### 0 (July 1, 2009). Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. 145

### General Authority: SDCL34A-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 in40 C.F.R. § 63, SubpartR (July 1, 2006 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, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007. 

### General Authority: SDCL34A-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 arethose in40 C.F.R. § 63, Subpart T (July 1, 2006 July 1, 2009). :!'.n area sourse that falls under these rectuirements is aotrefjuired to sUbmit a Part 70 OfJerating fJermit afJfJlieation uatil Deeemeer 9, 2005. An area sourse must still meet the afJfllieable re€J:Uiremeatsin 40 C.F.R. § 63, 8ubfJart T (July 1, 2006 July 1, 2009). An area source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meetthe applicablerequirements in40 C.F.R. § 63, SubpartT (July 1, 2006 July 1, 2009). 146 

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• Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September I, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

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

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

### 74:36:08:14. National emission standards for wood furniture manufacturing operations. The national emission standards for wood furniture manufacturing operations are those in40 C.P.R. §63, Subpart JJ 

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

### Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September I, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007.

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

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

### 74:36:08:15. National emission standards for aerospace manufacturing. The national emission standards for aerospace manufacturing are those in 40 C.P.R. §63 Subpart GG (Jaly 1, 2006July I, 2009).

147Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; • 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-6, 34A-l-19. 74:36:08:16. National emission standards for tanks. The national emission standards for tanks-- level 1 are those in40 C.F.R. §§ 63.900 

### to 63.907, 

### iaelusivo, § 63 Subpart 

### 00 (July 1, 2006 July 1, 2009). Thenational emission standards for tanks --level2 are those in 40 C.F.R. §§ 63.1060 

### to 63.1066, 

### iHelusive, 63, SubpartWW 

### (J1:1ly 1, 2006 July 1, 2009). Source: 25 SDR 123, effectiveApril4, 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. General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-6, 34A-l-19. 74:36:08:17. National emission standards for containers. The national emission standards for containers are those in 40 C.F.R. §§ 63.920 

### to 63.928, 

### iHerusive, 63, Subpart PP 

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

148 

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•• 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, effectiveJune 13, 2007. 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. §§ 63.940 

### to 63.948, 

### inelusive, 63, Subpart 

### 00 (July 1, 2006 

### 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. 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. §§ 63.960 

### to 63.966, 

### inelusive, 63, SubpartRR (July 1, 2006 

### 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. 149

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

### LawImplemented: SDCL 34A-l-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 in40 C.P.R. §§ 93.1040 to 93.1049, inclusive, 63, Subpart VV (July 1, 2009 July 1, 2009). 

### Source: 25 SDR 123, effectiveApril4, 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, effectiveJune 13, 2007. 

### 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 routing to a fuel gas system or a process. The national emission standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas system ora process are those in40 C.P.R. §§ 93.980 to 93.999, iRelusivo, 63, Subpart SS (July 1,**~** July 1, 2009). 

### Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. 

### GeneralAuthority: SDCL 34A-1-6. 150 

# •
•
•

# •
•
• Law Implemented: SDCL34A-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.P.R. §§ 93.1000 te 93.1018, iaelasive, 63, Subpart TT (Jaly 1, 2009 July 1, 2009). The national emission standards for equipment leaks-- controllevel2 are those in 40 C.P.R. § 63, Subpart UU (lilly 1, 2006 July 1, 2009). 

### Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13,2007. 

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

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

### 74:36:08:21. National emission standards for hazardous air pollutants from the portland cement manufacturing industry. The national emission standards for the portland cement manufacturing industry are those in 40 C.P.R. § 63, Subpart LLL (Jaly 1, 2006 July 1, 2009). 

### Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007. 

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

### Law Implemented: SDCL 34A-1-6, 34A-1-19. 15174:36:08:22. National emission standards for hazardous air pollutants for pesticide active ingredient production. The national emission standards for pesticide active ingredient production are those in40 C.P.R.§ 63, SubpartMMM (Jaly 1, 2006 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-19. 

# •

74:36:08:23. National emission standards for the printing and publishing industry. • The national emission standards for the printing and publishing industry are those in 40 C.P.R. § 63, Subpart KK (Jaly 1, 2006 July 1, 2009). Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:24. National emission standards for oil and natural gas production facilities. The national emission standards for oil and natural gas production facilities are those 152 

# •• in 40 C.F.R. § 63, Subpart HH (Jwy 1, 2006 July l, 2009). A source that operates a unit subject to this subpartis exempt from the obligation to obtain a Part 70 operatingpermit iftheunit isnot required to install controls and provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meetthe applicablerequirements in40 C.F.R. § 63, SubpartHH (July l,2009). 

### Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13,2007. 

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

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

# • 74:36:08:25. National emission standards for natural gas 

### transmission and storage facilities. The national emission standards for natural gas transmission and storage facilities are those in40 C.F.R. § 63, SubpartHHH (July 1, 2006 July l,2009). 

### Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13,2007. 

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

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

### 74:36:08:26. National emission standards for secondary aluminum production. The national emission standards for secondary aluminum production are those in 40 C.F.R. § 63, 

# • SubpartRRR (July 1, 2006 July 1, 2009). 153Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:27. National emission standards for publicly owned treatment works. The national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, SubpartVVV (July 1, 2006 July 1, 2009). Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:28. National emission standards for solvent extraction for vegetable oil production. The national emission standards for solvent extraction ofvegetable oil production are those in40 C.F.R. §§ 63.2830 to 63.2872, iaelusive, 63, Subpart GGGG (July 1, 2006 July 1, 2009). Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-1-6. 154 

# •
•
•

# •
•
• 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 otherweb coating are thosein 40 C.F.R. §§ 93.3280 to 93.3420, inelusive, 63, SubpartJJJJ (July 1, 2009 July 1, 2009). 

### Source: 30 SDR 26, effective September 

### 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. 

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

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

### 74:36:08:30. National emission standards for municipal solid waste landfills. The national emission standards for municipal solid waste landfills are those in40 C.F.R. §§ 93.1930 to 93.1990, inelusivo, 63, SubpartAAAA (July 1, 2009 July 1, 2009). 

### Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. 

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

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

### 74:36:08:31. National emission standards for surface coating ofmetal furniture. The national emission standards for surface coating of metal furniture are those in 40 C.P.R. §§ 93.4880 to 93.4981, inelusive, 63, SubpartRRRR (July 1, 2009 July 1, 2009). 155

### Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13,2007. 

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

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

### 93.7780 to 93.7852,**iae.lt~sive,** 

### 63, Subpart FFFFF (Jffiy 1, 2006 July 1, 

### 2009). 

# •

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 • SDR 217, effectiveJune 13, 2007. 

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

### LawImplemented: SDCL 34A-l-6, 34A-l-19. 

### 74:36:08:33. National emission standards for brick and structural clay products manufacturing. The national emission standards for brick and structural clay products manufacturing are those in 40 C.F.R. §§ 

### 93.2320 to 93.2515,**iaelt~sive,** 

### 63, Subpart JJJJJ (Jllly 

### 1,**~** 

### July 1, 2009). 

### Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007. 156 

# •

# •
•
• GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL34A-1-6, 34A-1-19. 74:36:08:34. National emission standards for asphalt processing and asphalt roofmg manufacturing. The national emission standards for asphalt processing and asphalt roofing manufacturing arethose in 40 C.P.R. §§ 63.8680 to 63.8698, iHslHsi•re, 63, Subpart LLLLL (:ffily 1, 2006 July I, 2009). Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL34A-1-6, 34A-l-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 in40 C.P.R. §§ 63.8780 to 63.8830, iH:elHsive, 63, Subpart MMMMM (:ffily 1, 2006 July 1, 2009). Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

15774:36:08:36. National emission standards for engine test cells/stands. The national • emission standards for engine test cells/stands are those in 40 C.P.R. §§ 63.9280 to 63.9375, iaelusi';e, 63, SubpartPPPPP (July 1, 2006 July 1, 2009). Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-6, 34A-1-19. 74:36:08:37. National emission standards for surface coating ofmiscellaneous metal parts and products. The national emission standards for surface coating ofmiscellaneousmetal parts and products as published in 40 C.P.R. §§ 63.3880 to 63.3981, iaelusive, 63, Subpart • MMMM (July 1, 2006 July 1, 2009). Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. General Authority: SDCL34A-l-6. LawImplemented: SDCL 34A-l-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.P.R. §§ 63.5780 to 63.5935, iaelusive, 63, Subpart WWWW (July 1, 2006 July 1, 2009). 

# •
158

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

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

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

### 74:36:08:39. National emission standards for stationary combustion turbines. The national emission standards for stationarycombustionturbines are those in40 C.F.R. §§ 93.9080 te 93.9175, inch±sive, 63, SubpartYYYY-(Jlily 1, 2009 July 1, 2009). 

### Source: 32 SDR209, effective June 13, 2006; 33 SDR 217, effectiveJune 13,2007. 

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

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

### 74:36:08:40. National emission standards for stationary reciprocating internal combustion engines. The national emission standards for stationary reciprocating internal combustion engines are those in 40 C.F.R. §§ 93.9580 te 93.€i975,incllisive, 63, Subpart ZZZZ (Jwy 1, 2009 July 1, 2009). 

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

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

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

159

### 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.P.R. §§ 93.7480 to 93.7590, iaelasive, 63, Subpart DDDDD (Jaly 1, 2006 July l, 2009). 

### Source: 32 SDR209, effectiveJune 13, 2006; 33 SDR 217, effectiveJune 13, 2007. 

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

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

### 74:36:08:42. National emission standards for polyvinyl chloride and copolymers production. The national emission standards for polyvinyl chloride and copolymers production arethosein40 C.F.R. §§ 93.210 to 93.217,iaekisive, 63, Subpart J(Jlitly 1, 2006 July 1, 2009). • 

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

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

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

### 74:36:08:43. National emission standards for coke oven batteries. The national emission standards for coke oven batteries are those in 40 C.P.R. § 63, Subpart L, (Jaly 1, 2006 July 1, 2009). 

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

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

# •

160

# • LawImplemented: SDCL 34A-1-18. 74:36:08:44. National emission standards for pulp and paper industry. The national emission standards for pulp and paper industry are those in 40 C.F.R. §63, Subpart S, (ll:dy 1,**~** July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:45. National emission standards for group I polymers and resins. The • national emission standards for group I polymers and resins are those in40 C.F.R. § 63, Subpart U, (July 1, 2006 July l, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:46. National emission standards for epoxy resins production and non-nylon polyamides production. The nationa,l emission standards for epoxy resins production and nonnylonpolyamidesproductionare thosein40 C.F.R. § 63, SubpartW, (July 1, 2006 July l,2009). 

# • Source: 33 SDR217, effective June 13,2007. 161GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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.P.R. §§ 63.541 to 63.551, iae1l:lsi're, 63, Subpart X (Jl:lly 1, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13,2007. 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 manufacturingplants are those in 40 C.P.R. § 63, SubpartAA (Jl:lly 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:49. National emission standards for phosphate fertilizers production plants. The national emission standards for phosphate fertilizers productionplants are thosein 40 C.P.R. § 63, SubpartBB (J1:1ly 1, 2006 July 1, 2009).

162 

# •

# •
•
• Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL34A-1-18. 74:36:08:50. National emission standards for petroleum ref'meries. The national emission standards for petroleumrefineries are thosein40 C.F.R. § 63, Subpart CC (Jaly 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:51. National emission standards for off-site waste and recovery operations. The national emission standards for off-site waste andrecovery operations are those in 40 C.F.R. § 63, SubpartDD (Jaly 1, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:08:52. National emission standards for magnetic tape manufacturing operations. The national emission standards for magnetic tape manufacturing operations are thosein40 C.F.R. § 63, SubpartEE (Jlfly 1, 2006 July 1, 2009). 163Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:53. National emission standards for primary aluminum reduction plants. The national emission standards for primary aluminum reduction plants are those in 40 C.F.R. § 63, Subpart LL (July 1, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:08:54. National emission standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemicalpulpmills are those in40 C.F.R. § 63, SubpartMM (J\ily 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18.

164 

# •
•
•

# • 74:36:08:55. National emission standardsfor ethylene manufacturingprocess units-- Heat exchange systems and waste operations. The national emission standards for heat exchange systems and waste operations are those in 40 C.P.R. §

### 63, Subpart XX (July 

### 1, 200€1 

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

### €13.1100 

### to 63.1114, 

### • inelasive, 63, Subpart YY (July 

### 1, 2006 

### July 1, 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:08:57. 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 (Jaly 1, 200€1

### July 1, 

### 2009). 

# • Source: 33 SDR 217, effectiveJune 13, 2007. 165

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

### Law Implemented: SDCL 34A-l-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.F.R. § 63, Subpart DDD 

### (J:Wy 1, 2006 July l, 2009). 

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

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

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

# •

74:36:08:59. National emission standards for hazardous waste combusters. The • national emission standards for hazardous waste combusters are those in40 C.F.R. § 63, Subpart EEE (July 1, 2006 July 1, 2009). 

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

### GeneralAuthority: SDCL34A-1-6. 

### Law Implemented: SDCL34A-1-18. 

### 74:36:08:60. National emission standards for pharmaceutical production. The national emission standards for pharmaceutical production are those in 40 C.F.R. § 63, Subpart GGG (July 1, 2006 July 1, 2009).

166 

# •

# •
•
• Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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.F.R. § 63, SubpartJJJ (July 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:62. Nationalemission standards for wool fiberglass production.Thenational emission standards for wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN (July 1, 2006 July 1, 2009). Source: 33 SDR 217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:63. 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, 2006 July 1, 2009). 167Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:08:64. National emission standards for polyether polyols production. The national emission standards for polyetherpolyols production are those in40 C.P.R. § 63, Subpart PPP (Ally 1, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:65. National emission standards for primary copper smelting. The national emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart 

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

168 

# •
•
•

# • 74:36:08:66. National emission standards for primary lead smelting. The national emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT (Jaly 1, 

### 2.009 July 1, 2009). Source: 33 SDR217, effectiveJune 13,2007. GeneralAuthority: SDCL34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:67. National emission standards for petroleum refmeries -- Catalytic cracking, catalytic reforming, and sulfur recovery units. The national emission standards for catalytic cracking, catalyticreforming, and sulfurrecovery units atpetroleum refineries are those • in40 C.F.R. § 63, SubpartUUU (Jaly 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL34A-1-18. 74:36:08:68. National emission standards for ferroalloy production Ferromanganese and silicomanganese. The national emission standards for ferromanganese and silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX (Jaly 1, 2006 July 1, 2009). 

# • Source: 33 SDR 217, effective June 13, 2007. 169

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

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

### 74:36:08:69. National emission standards for the manufacture of nutritional yeast. The national emission standards for the manufacture ofnutritional yeast are those in 40 C.P.R. § 63, Subpart CCCC (July 1, 2006 July I,2009). 

### Source: 33 SDR 217, effective June 

### 13, 2007. 

### GeneralAuthority: SDCL34A-1-6. 

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

# •

74:36:08:70. National emission standards for plywood and composite wood products. • The national emission standards for plywood and composite wood products are those in 40 C.P.R.§ 63, SubpartDDDD (July 1, 2006 July 1, 2009). 

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

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

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

### 74:36:08:71. National emission standards for non-gasoline organic liquids distribution. The national emission standards for non-gasoline organic liquids distribution are thosein40 C.P.R.§ 63, SubpartEEEE (July 1, 2006 July I,2009).

170 

# •

# •
•
• Source: 33 SDR 217, effectiveJune 13,2007. 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 thosein 40 C.P.R. §

### 63, SubpartPPPP (JHly 

### 1, 2006 July I,

### 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:08:73. National emission standards for wet-formed fiberglass mat production. The national emission standards for wet-formed fiberglass mat production are those in 40 C.P.R. §

### 63, Subpart HHHH (July 

### 1, 2006 July l,

### 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:08:74. National emission standards for surface coating of automobiles and light duty trucks. The national emission standards for surface coating ofautomobiles and light dutytrucks are those in40 C.F.R. §

### 63, SubpartIIII (July 

### 1, 2006 July l,

### 2009). 171

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

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

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

### 74:36:08:75. National emission standards for surface coating of metal cans. The national emission standards for surface coating ofmetal cans arethosein40 C.F.R. § 63, Subpart KKKK (JHly 1, 2006 July 1,2009). 

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

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

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

### 74:36:08:76. National emission standards for surface coating oflarge appliances. The national emission standards for surface coating oflarge appliances are those in 40 C.F.R. § 63, SubpartNNNN (JHly I, 2006 July 1, 2009). 

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

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

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

172 

# •
•
•

# •
•
• 74:36:08:77. National emission standards for printing, coating, and dyeing offabrics and other textiles. The national emission standards for printing, coating, and dyeing offabrics and othertextiles are those in40 C.F.R. §

### 63, Subpart 0000(JH!y 

### 1, 2006 July 1, 2009). Source: 33 SDR 217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:78. 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 (JHly 

### 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:79. National emission standards for surface coating of wood building products. The national emission standards for surface coating ofwood building products are those in40 C.F.R. §

### 63, Subpart QQQQ (July 

### 1, 2006 July 1, 2009). Source: 33 SDR 217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 173

### 74:36:08:80. National emission standards for surface coating of metal coil. The national emission standards for surface coating ofmetal coil are those in 40 

### C.F.R. § 63, 

### Subpart SSSS (July 1, 

### 2006 July 1, 2009). 

### Source: 33 

### SDR 217, 

### effectiveJune 13, 2007. 

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

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

### 74:36:08:81. National emission standards for leather f"mishing operations. The national emission standards for leather finishing operations are those in 40 

### C.F.R. § 63, 

### Subpart TTTT (July 1, 2006 July 1, 2009). 

### Source: 33 

### SDR 217, 

### effectiveJune 13, 2007. 

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

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

### 74:36:08:82. National emission standards for cellulose products manufacturing. The national emission standards for cellulose products manufacturing are those in 40 

### C.F.R. 

### § 63, 

### SubpartUUUU (July 1, 

### 2006 July 1, 2009). 

### Source: 33 

### SDR 217, 

### effectiveJune 13, 2007.. 

### GeneralAuthority: SDCL 34A-1-6. 174 

# •
•
•

# • LawImplemented: SDCL34A-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,**~** July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:84. National emission standards for rubbertire manufacturing. Thenational • emission standards for rubber tire manufacturing are those in 40 C.P.R. § 63, Subpart XXXX


# • (Jaly 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:85. National emission standards for lime manufacturingplants. The national emission standards for lime manufacturing plants are those in 40 C.P.R. § 63, Subpart AAAAA (July 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. 175GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-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, SubpartBBBBB (Jaly I, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 

# •

74:36:08:87. National emission standards for coke ovens-- Pushing, quenching, and • battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63, Subpart CCCCC (July 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:08:88. 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, 2006 July 1, 2009).

176 

# •

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

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

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

### 74:36:08:89. National emission standards for site remediation. The national emission standards for siteremediation are those in 40 C.P.R. § 63, Subpart GGGGG (July 1, 2006 July I, 2009). 

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

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

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

### 74:36:08:90. National emission standards for miscellaneous coating manufacturing. The national emission standards for miscellaneous coatingmanufacturing are those in40 C.P.R. §63, Subpart HHHHH (July 1, 2006 July 1, 2009). 

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

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

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

### 74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The national emission standards for mercury cell chlor-alkali plants are those in 40 C.F.R. § 63, Subpart IIIII (Ally 1, 2006 July I, 2009). 177

### Source: 33 

### SDR 217, 

### effective June 13, 2007. 

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

### LawImplemented: 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.P.R. § 63, 

### Subpart KK.KKK (Jtdy 

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

### Source: 33 

### SDR 217, 

### effective June 13, 2007. 

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

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

### 74:36:08:93. National emission standards for flexible polyurethane foam fabrieatiaB 9Jientiaas production. The national emission standards for flexible polyurethane foam fabrieatiofl OJ3eratioRs 

### production are those in 40 

### C.P.R. § 63, 

### Subpart MMMMM III (July 

### 1,**~July** 1, 2009). 

### Source: 33 

### SDR 217, 

### effective June 13,2007. 

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

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

178 

# •
•
•

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

### 1, 2006 July 1, 

### 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:95. National emission standards for friction materials manufacturing facilities. Thenational emission standards for frictionmaterials manufacturing facilities arethose in40 C.P.R.§ 63, SubpartQQQQQ (My 

### 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:08:96. National emission standards taconite iron ore processing. The national emission standards for taconite iron oreprocessing are those in 40 C.P.R. § 

### 63, Subpart RRRRR (h!ly 

### 1, 2006 July 1, 

### 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 179

### 74:36:08:97. National emission standards for refractory products manufacturing. The national emission standards for refractory products manufacturing are those in 40 C.F.R. § 63, Subpart sssss (Jwy 1, 2006 July 1, 2009). 

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

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

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

### 74:36:08:98. National emission standards for primary magnesium refming. The national emission standards for primarymagnesium refining are those in 40 C.F.R. § 63, Subpart TTTTT (July 1, 2006 July 1, 2009). 

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

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

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

### 74:36:08:99. 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 in40 C.F.R. § 63, SubpartDDDDDD (Jwy 1, 2006 July 1, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70

180 

# •
•
•• operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meetthe applicablerequirements in40 C.F.R. § 63, SubpartDDDDDD (July 1, 2009). 

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

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

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

### 74:36:08:100. National emission standards for primary copper smelting area sources. The national emission standards for primary copper smelting area sources are those in40 C.P.R. § 63, Subpart EEEEEE (July 1, 2006 July 1, 2009). 

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

### GeneralAuthority: SDCL34A-l-6. 

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

### 74:36:08:101. National emission standards for secondary copper smelting area sources. The national emission standards for secondarycopper smeltingarea sources are thosein 40 C.P.R.§ 63, SubpartPFPPPP (July 1, 2006 July 1, 2009). 

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

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

# • Law Implemented: SDCL 34A-1-18.

181

### 74:36:08:102. National emission standards for primary nonferrous metals area • sources -- Zinc, cadmium, and beryllium. The national emission standards for primary nonferrous metals area sources are thosein40 C.F.R. § 63, Subpart GGGGGG (July 1, 2006 July 1, 2009). 

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

### General Authority: SDCL 34A-l-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.F.R. § 63, SubpartWWWWW (July 1, 2009). A source that operates a unit subjectto this subpartis exempt • from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.F.R. § 63, Subpart WWWWW (July 1, 2009). 

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

### LawImplemented: SDCL34A-1-18. 

# •
182

# • 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 in40 C.P.R.§ 63, Subpart YYYYY (July 1, 2009). 

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

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

### 74:36:08:105. National emission standards for iron and steel foundry area sources. The national emission standards for iron and steel foundry area sources are those in 40 C.P.R. § 63, Subpart ZZZZZ (July 1, 2009). A source that operates a unit subject to this subpart is • exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this 

# • subpart. Exempted sources must still meetthe applicablerequirements in 40 C.P.R. § 63, Subpart ZZZZZ (July 1,2009). 

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

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

### 74:36:08:106. National emission standards for gasoline distribution bulk terminals, bulk plants, and pipeline facilities. The national emission standards for gasoline distribution bulk terminals, bulk plants, arid pipeline facilities are those in 40 C.P.R. § 63, Subpart BBBBBB 183(July 1, 2009). A source that operates a unit subject to this subpart is exempt from the obligation • to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meetthe applicablerequirements in40 C.F.R. § 63, SubpartBBBBBB (July !, 2009). 

### Source: General Authority: SDCL 34A-l-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 this subpart is exempt from the • obligationto obtain a Part 70 operatingpermitprovided the sourceis notrequired to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.F.R. § 63, Subpart CCCCCC (July!,



### Source: General Authority: SDCL 34A-l-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 184

### • miscellaneous coating area sources are those in 40 C.P.R. § 

### 63, Subpart HHHHHH (July 1, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operatingpermitprovided the source is notrequired to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.P.R. § 

### 63, Subpart HHHHHH (July 1, 

### 2009). Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:08:109. National emission standards for acrylic and modacrylic fiber • production area sources. The national emission standards for acrylic and modacrvlic fiber production area sources are those in 40 C.P.R. § 

### 63, Subpart LLLLLL (July 1, 

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

### 63, Subpart LLLLLL (July 1, 2009). Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 

# •

18574:36:08:110. 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 I, 2009). Source: General Authority: SDCL 34A-l-6. LawImplemented: SDCL34A-l-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 I, 2009). A sourcethat operates a unit subjectto this subpartis exemptfrom the obligationto obtain a Part 

# • 70 operating permitprovided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicablerequirements in 40 C.F.R. § 63, SubpartNNNNNN (July I, 2009). Source: General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-18. 74:36:08:112. National emission standards for flexible polyurethane foam production and fabrication area sources. The national emission standards for flexible polvurethane foam production and fabrication area sources are those in 40 C.F.R. § 63, Subpart 

### 000000 (July 1, 

# •

186• 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operatingpermit provided the source is notrequired to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meetthe applicablerequirements in40 C.P.R.§ 63, Subpart 000000 (July l, 2009). 

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

### LawImplemented: SDCL 34A-l-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.P.R. § 63, Subpart PPPPPP (July 1, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.P.R. § 63, Subpart PPPPPP (July l, 2009). 

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

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

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

# • national emission standards for wood preserving area sources are those in 40 C.P.R. § 63, 187Subpart OQOOOO (July 1, 2009). A source that operates a unit subject to this subpart is exempt • from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.F.R. § 63, Subpart QQQQQQ (July 1, 2009). 

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

### Law Implemented: SDCL 34A-l-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 l, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operatingpermit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.F.R. § 63, SubpartRRRRRR (July 1, 2009). 

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

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

# •
188

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

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

### 74:36:08:117. National emission standards for secondary nonferrous metal processing area sources. The national emission standards for secondary nonferrous metal processing area sources are those in 40 C.P.R. § 63, Subpart TTTTTT (July 1, 2009). A source • that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a 

# • reason other than the source is subject to this subpart. Exempted sources must still meet the applicablerequirements in40 C.P.R.§ 63, SubpartTTTTTT (July 1, 2009). 

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

### Law Implemented: SDCL 34A-l-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 1, 2009). A sourcethat operates aunit subjecttothis subpartis 189

### exempt from the obligation to obtain a Part 70 operating permit provided the source is not • required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.P.R. § 

### 63, SubpartWWWWWW (July 1, 2009). Source: General Authority: 

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

### SDCL 34A-l-18. 74:36:08:119. National emission standards for nine metal fabrication and finishing area sources. 

### The national emission standards for nine fabrication and finishing area sources are those in 40 C.P.R. §

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

### 63, SubpartXXXXXX (July 1, 2009). Source: General Authority: 

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

### SDCL 34A-l-18. 74:36:08:120. National emission standards for ferroalloys production area sources. 

### The national emission standards for ferroa!loys production area sources are those in 40 C.P.R. 

# •
190• § 63, Subpart YYYYYY (July 1, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meet the applicable requirements in 40 C.F.R. § 63, SubpartYYYYYY (July 1, 2009). 

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

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

### 74:36:08:121. National emission standards for aluminum, copper, and other • nonferrous foundry area sources. The national emission standards for aluminum, copper, and other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZZ (July I, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operatingpermitprovided the source is notrequired to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. Exempted sources must still meetthe applicablerequirements in40 C.F.R. § 63, SubpartZZZZZZ (July 1, 2009). 

### Source: GeneralAuthority: SDCL34A-l-6. 

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

# •

191CHAPTER74:36:09 PREVENTION OF SIGNIFICANT DETERIORATION

Section 74:36:09:01 Applicability. 74:36:09:01.01 Preventionofsignificantdeteriorationpermitrequired. 74:36:09:02 Prevention ofsignificantdeterioration. 74:36:09:03 Publicparticipation.

74:36:09:02. Prevention of significant deterioration. For the purposes ofthis chapter, the state's definitions and requirements for thepreventionofsignificant deterioration are those in 40 C.F.R. § 52.21 (July 1, 2005 July 1, 2009), except for 40 C.F.R. §52.2l(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, 2005 July l, 2009) with the following differences: (1) For the purposes ofthis section, all terms defined in this section have the meaning defined in 40 C.F.R. § 52.21, except for theterm "administrator" whichmeans the secretarywith the following exceptions:

192 

# •
•
•

# •
•
• (a) In 40 C.P.R. §§ 52.21(b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator" means eitherthe secretaryorthe administrator ofEPA, as applicable; (b) In 40 C.P.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" means eitherthe secretaryorthe administrator ofEPA, as applicable; (c) In 40 C.P.R. §§ 52.2l(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 52.21(b)(50)(i); 52.21(g)(l) to 52.21(g)(6), inclusive; 52.21(1)(2); and 52.21(p)(2) the term "administrator" means the administrator ofEPA; (2) Forthepurposes ofthis section, the term "Act" means the CleanAir Act; (3) For the purposes ofthis section, in 40 C.P.R. § 52.2l(c), the Class I areas in South Dakota areWind CaveNational Park and theBadlandsNational 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, ifa 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) ofthis section for the existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the CleanUnit";

193

### (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 notbelimited to, any activity(s) that meets the requirements ofthe equipmentreplacementprovisions contained in paragraph (cc) ofthis section"; (6) For the purposes ofthis section, 40 C.F.R. § 

### 52.21(r)(6) is incorporated by reference excludingthephrase, "(otherthanprojects at a CleanUnit or at a source with aPAL)"; (7) For the purposes ofthis section, 40 C.F.R. § 

### 52.21(v)(1) is incorporated by reference excludingthe phrase, "under40 CFR 124.10"; and (8) For the purposes ofthis section, 40 C.F.R. § 

### 52.21(w)(1) 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 of the EPA of each significant actionthe secretarytakes on the application. 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. GeneralAuthority: 

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

### SDCL 34A-l-18. 

# •

194

# •
•
• 74:36:09:03. Public participation. For the purposes of this chapter, the state's public participationprocedures are thosein 40 C.P.R.§ 51.166(q) (July 1, 2005 July 1, 2009), excluding the phrase "Theplan shall providethat..." 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) Forthepurposes ofthis section, in40 C.P.R. § 51.166(q)(l) the phrase "specified time period" means 60days; (3) For the purposes of this section, in 40 C.P.R. § 51.166(q)(2)(iv), the term "administrator" means the administrator ofEPA; (4) Forthepurposes ofthis section, in 40 C.P.R.§ 51.166(q)(2)(iii), the phrase "Notifythe public" shall consist of a public notice once in a legal newspaper in the county where the proposed source would be constructed. Thepublic notice shall include a statement that a person may submit comments or contest the draft permit within 30 days after the publication ofthe notice. The statement shall also describe theprocedures a person must follow to contest the draft permit andrequest ahearingin accordancewith article 74:09;

195

### (5) For the purposes ofthis section, in 40 C.F.R. § 

### 51.166(q)(2)(v), a public hearing is • required ifa 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 ofthis section, in 40 C.F.R. §

### 51.166(q)(2)(viii), if a request for a contested casehearingis not submitted duringthe public noticeperiod, the secretary shall make a final determination within 30 days ofthe end ofthe public comment period onthe draft permit. The secretary shall notify, in writing, the applicant and each person that submitted written comments orrequestednotice ofthe final determination. The notice shall includereference to the procedures for contesting the final determination and requesting a hearing in accordance with article 74:09 within 30 days of receiving the secretary's final determination. If no person comments on a draft permit, requests changes, or contests the draft permit during the public • notice period, the draft permit automatically becomes the secretary's final determination and is issued at the end ofthepublic notice period. Source: 

### 33 SDR43, effective September 18, 2006. GeneralAuthority: 

### SDCL 34A-1-6, 34A-l-18. LawImplemented: 

### SDCL 34A-1-18. CHAPTER74:36:10 NEW SOURCE REVIEW

196 

# •

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•
• 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 standard. 74:36:10:07 74:36:10:08 74:36:10:09 74:36:10:10 Applicability. Definitions. Repealed. New sourcereviewpreconstructionpermitrequired. Repealed. New sourcereview preconstructionpermit. Causing or contributing to a violation of any national ambient air quality Determiningcreditfor emission offsets. Projected actual emissions. Cleanunit test for emissionunits subjectto lowest achievable emissionrate. Cleanunit test for emissionunits comparable to lowest achievable emissionrate.

74:36:10:02. Defmitions. For the purposes ofthis chapter, the definitions for new source review are those in40 C.P.R.§ 51.165(a)(1) (July 1, 2003 July 1, 2009). Forthe purposes ofthis chapter, the term, Act, means the CleanAirAct. Forthepurposes ofthis section, theterm, reviewing authority, means the secretary.

197Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 • SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 2, 2005.. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:10:03.01. New source review preconstruction permit required. New major stationary sources ormajormodifications to existing major sources mustobtain apreconstruction permitbeforebeginning actual constructionifthey are locatedinthe following areas: (1) An attainment or unclassified area if the source would cause or contribute to a violation ofanynational ambient air quality standard; or (2) An area designated nonattainment for any national ambient air quality standard ifthe source is major for thepollutantforwhichthe 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 modification to an existing major source if the proposed project meets the criteria in 40 C.P.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (Jaly 1, 2003 July 1, 2009). Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary2, 2005. General Authority: SDCL34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-l-6, 34A-1-21. 198 

# •
•

# •
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• Note: The procedural requirements for obtaining a preconstruction permit under the new source review program are similar to the procedural requirements for a Part 70 source, such as a timely and complete application, completeness review, statement ofbasis, public participation, and departmental recommendation, as outlined in§§ 74:36:05:08 to 74:36:05:20.01, inclusive. 

### 74:36:10:05. New source review preconstruction permit. A new source review preconstructionpermitmust satisfythe following criteriabeforebeginning actual construction: (1) All requirements for new source performance standards in chapter 74:36:07 that apply to the facility; (2) Compliance with the lowest achievable emissionrate (LAER); (3) Certification of compliance that all other major sources, major modifications, or reconstructed facilities that are owned, operated, or controlledbythe applicant eitherin whole or in part elsewhere in the state are in compliance with all applicable emission limitations and standards; and (4) The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissionsunit. Emissions offsets are determined in accordance with§ 74:36:10:07. 199