74:36:18 

74:36:19 

74:36:20 

Section 

74:36:01:01 

74:36:01:02 

74:36:01:03 

74:36:01:04 

74:36:01:05 

74:36:01:06 

74:36:01:07 

74:36:01:08 

74:36:01:09 

74:36:01:10 

74:36:01:11 

74:36:01:12 

Regulations for state facilities in the Rapid City area. 

Mercury budget trading program, Repealed. 

Construction permits for new sources or modifications 

CHAPTER 74:36:01 

DEFINITIONS 

Definitions. 

Repealed. 

Administrative permit amendment defined. 

Affected states defined. 

Applicable requirements of the Clean Air Act defined. 

Complete application defined. 

Repealed. 

Major source defined. 

Categories of sources defined. 

Modification defined. 

National ambient air quality standard (NAAQS). 

Potential to emit defined. 

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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 weight rate defined. 

Repealed. 

Rygulated air pollutant defined. 

Responsible official defined. 

Repealed. 

Municipal solid waste landfill defined. 

Existing municipal solid waste landfill defined. 

Physical change in or change in the method of operation. 

74:36:01:21 Commenced construction defined. 

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

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

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

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

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

source; 

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

control and emissions reduction program established in accordance with Title N of the Clean Air 

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; 

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(5) "Affected source," a source that includes one or more affected units under Title IV of • 

the Clean Air Act; 

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

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

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

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

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

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

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

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

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

future compliance date; 

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

(e) The applicable standards in 40 C.P.R. Part 60, 61, or 63 (July 1, 2005 July 1, 2009); 

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

general public has access; 

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

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

(12) "Btu," British thermal unit; 

(13) "CO," carbon monoxide; 

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

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

through November 15, 1990; 

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

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

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

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

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

ozone, nitrogen oxides, and lead; 

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

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

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

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

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

compliance plans for the unit; 

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

participation or affected state review; 

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

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

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

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

be subject; 

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

discharged from a single unit; 

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(24) "Emission unit" or "Unit," any part or activity of a stationary source which emits or • 

has the potential to emit a regulated air pollutant regHlatea ffilaer or any pollutant listed under 

section 112(b) of the aet Clean Air Act; 

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

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

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

conditions; 

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

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

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

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

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

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

in the Standard Industrial Classification Manual, 1987; 

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

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

requirements developed pursuant to this article, those appearing in 40 C.P.R. §§ 60 and 61 (-klly 

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

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

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

these limits and conditions; 

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

for a source that has completed all required review procedures; 

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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 of burning fuel or other combustible material for the primary 

purposes of producing heat or power by indirect heat transfer; 

~ ® "Fugitive emissions," those air pollutants which could not reasonably pass 

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

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

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

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

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

~@ "Incinerator," a furnace used to b.urn solid waste to reduce the volume of the 

waste by removing its combustible material; 

f3+j QQ)_ "Malfunction," any sudden and unavoidable failure of air pollution control 

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

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

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

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

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

(39) ":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 the pollutant; 

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

~ .{±1} "Opacity," the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background; 

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

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

through a stack, duct, or chimney; 

~ {1Jl "Operating permit," a written authorization issued by the board or the secretary 

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

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

8-91 (47) "Part 70 source," any source subject to§ 74:36:05:03; 

~ (48) "Particulate matter," a broad class of chemically and physically diverse 

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

~ (49) "Permit modification," a revision change to a source which operates under a 

minor source operating permit or Part 70 operating permit that meets the requirements of 

§ 74:36:01:10; 

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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 

minor permit 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 of the foregoing; 

~(52) "PMIO," particulate matter with an aerodynamic diameter less than or equal to a 

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

~{ill "Proposed Part 70 operating permit," a permit that the department has forwarded 

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

comments, including those from affected states; 

~(54) "PSD," prevention of significant deterioration; 

~ .G1) "Repealed; 

~ .c2.2} "Salvage operation," an operation conducted m whole or in part for the 

reclaiming of product or material; 

~ .(2.1). "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative; 

f69t 00 "Shutdown," the cessation of operation of any control equipment, process 

equipment, or process for any purposes; 

f6B .(2.21 "Smoke," small gas-borne particles resulting from incomplete combustion, 

consisting predominantly, but not exclusively, of carbon, ash, and other combustible material, 

that form a visible plume in the air; 

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

Clean Air Act; 

~ .(Ql) "Start-up," the setting into operation of any control equipment, process 

equipment, or process for any purpose; 

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

maintenance of national ambient air quality standards; 

(65) "Title II," Title II of the CleaR Air Aet ,'\meru:lmeats, provisioHs relatiHg to mobile 

sourees; 

(66) "Title III," Title III of the Clean Air Aet .Am61'ldm61'lts, hal'lardOHS air pollHtants; 

(6+1 @l "Title IV," Title IV ofthe Clean Air Act Amendments, acid deposition control; 

f681 (64) "Title V," Title V of the Clean Air Act Amendments, 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 of the Cleaa z'\ir A:et ,'\meHdm.eats, miseellaaeEH:lS provisioHs; 

(72) "Title IX," Title IX of the Cleaa Air Aet ,'\meHdm.el'lts, elean air researeh; 

(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 

or has the poten-tial to emit a pollHtaat reglilated Hnder the Aet; • 

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

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

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 have 9eeH 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 

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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 

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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 eompletely fluorinated alkaaes; 

(b) Cyelie, brae.ehed, or liaear 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 • 

only to earbon and fluorine; as defined in 40 C.F.R. § 51.100(s) (July 1, 2009) 

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

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

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

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

f8Q) (70) "802," sulfur dioxide; and 

f&Billl"N02," nitrogen dioxide:~ and 

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

the construction and operation of a new source or modification to an existing 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 SDR 4, effective July 27, 1980; transferred from § 44:10:01 :01, effective July 1, 

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

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

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

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

13,2006. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6 . 

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

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

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

100012. Cost: $31. 

74:36:01:05. Applicable requirements of the Clean Air Act defmed. Applicable 

requirements of the Clean Air Act include all of the following as they apply to emissions units in 

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

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

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

13 
implements the relevant requirements of the Clean Air Act, including any revisions to that plan • 

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

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

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

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

§ Ill (d); 

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

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

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

Air Act or the regulations promulgated under it; 

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

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

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

the Clean Air Act; 

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

§ 183(e) of the Clean Air Act; 

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

Act; 

(I 0) Any standard or other requirement of the program to control air pollution from outer 

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

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

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

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

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

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

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

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

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

June 13, 2006. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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

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

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

of an air pollutant not previously emitted; 

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

in the permit; 

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

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

visibility or increment analysis; or 

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

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

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

15 
a modification under any provision of Title I, or an alternative emissions limit approved pursuant • 

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

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

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

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

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

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

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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

physical change in or a change in the method of operation does not include the following: 

( 1) Routine maintenance, repair, and replacement; 

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

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

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

as in effect on January 1 , 1993; 

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

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

solid waste; 

16 

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

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

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

pursuant to 40 C.P.R. Part 51, Subpart I, or 40 C.P.R. § 51.166 (Jffiy 1, 2005 July 1, 2009); 

( 6) Any change of ownership at a source; 

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

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

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

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

Subpart I, or 40 C.P.R.§ 51.166 (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 pursuant to 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 

SDR 209, effective June 13,2006. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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

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

• 

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

new source or modification to the existing source; or 

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

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

construction of the source. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-6. 

CHAPTER 74:36:02 

AMBIENT AIR QUALITY 

• 

Section 

74:36:02:01 Air quality goals. 

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

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

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

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

74:36:02:02. 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, • 

18 
• ~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 of air pollution above which the ambient air would limit the attainment of the goals 

specified in § 74:36:02:01. These standards apply to the entire state of South Dakota, and no 

person may cause these standards to be exceeded. The standards include normal background 

levels of air pollutants. 

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

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

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

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

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

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

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

Law Implemented: SDCL 34A-1-15. 

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

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

(J1:1ly 1, 2005 July 1. 2009) shall be measured by the 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 

equivalent method designated in accordance with 40 C.P.R. Part 53 (J1:1ly 1, 2005 July 1, 2009) . 

• 

19 
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from • 

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

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

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

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

SDR 209, effective June 13, 2006. 

General Authority: SDCL 34A-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 quality monitoring network as required by 40 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 

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

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

Law Implemented: SDCL 34A-1-15. 

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

three years. 

• 

• 

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

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

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

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

Law Implemented: SDCL 34A-1-15. 

CHAPTER 74:36:03 

AIR QUALITY EPISODES 

Section 

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

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

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

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

§ 51.151 and Appendix L to Part 51 (J1:1ly 1, 2005 July 1, 2009), if the accumulation of air 

21 
pollutants in any place is attaining or has attained levels which could, if such levels are sustained • 

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

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

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

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

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

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

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

Law Implemented: SDCL 34A-1-15. 

74:36:03:02. Episode emergency contingency plan. The department shall develop an 

episode emergency contingency plan and maintain it following the requirements in 40 C.P.R. 

§ 51.152 (July 1, 2005 July 1, 2009). The department shall reevaluate the contingency plan in 

accordance with the requirements in 40 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 SDR 209, effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-15. 

CHAPTER 74:36:04 

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 FOR MINOR SOURCES 

Applicability. 

Permit Minor source operating permit required. 

Minor source operating permit exemption. 

Oflerating fJef:!ftit Emission unit exemptions. 

Minor source operating permit variance. 

Standard for issuance of operating permit. 

Time period for operating permits and renewals. 

Timely and complete application for operating permit required. 

Required contents of complete application for operating permit. 

Applicant required to supplement or correct application. 

Permit application-- Completeness review. 

Time period for department's recommendation. 

D6flartment's reeoHl:fl'lenaation on Oflerating fJertnit. Repealed. 

Public participation in permitting process. 

Public review of department's draft permit. 

Final permit decision-- Notice to interested persons. 

Right to petition for contested case hearing. 

Contents of operating permit. 

Operating permit expiration. 

23 
74:36:04:17 

74:36:04:18 

74:36:04:19 

74:36:04:20 

74:36:04:20.01 

74:36:04:20.02 

74:36:04:20.03 

74:36:04:20.04 

74:36:04:21 

74:36:04:22 

74:36:04:23 

74:36:04:24 

Renewal of operating permit. 

Operating permit revision. 

Administrative permit amendment. 

Procedures for administrative permit amendments. 

Minor permit amendment required. 

Requirements for minor permit amendment. 

Application for minor permit amendment. 

Department deadline to approve minor permit amendment. 

Permit modifications. 

Source status change-- New permit required. 

Reopening operating permit for cause. 

Procedures to reopen operating permit. 

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

74:36:04:27 Operating permit termination, 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 of operating noncompliance -- Contents. 

Petition for contested case on alleged violation. 

Repealed. 

Circumvention of emissions not allowed. 

General permits. 

Secretary may require an individual permit. 

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 of air 

pollutants into the ambient air until the ~plieable preeoHstmctioH a construction permit or minor 

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

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

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

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

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

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

Law Implemented: SDCL 34A-1-21. 

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

exempt from obtaining a minor source operating permit: 

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

except lead, before the application of control equipment; and 

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

industry, manufacturer, or business. 

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 • 

emission units are exempt from sbt&iHiH:g inclusion in a minor source operating permit unless the 

source has requested federally enforceable permit conditions related to the emission unit(s) to 

avoid needing a Part 70 operating permit, sr a preveH:tisH sf sign.ificant EleterisratisH PSD 

preconstruction permit, or NSR preconstruction permit~~ 

(1) A facili-ty 9J9efatffig aa iHeiHefatsr er One or more incinerators of less than 100 pounds 

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

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

airplanes, locomotives, and boats; 

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

(4) A lffiit fu.eleEllly natural gas that is \ised el<ellisively for space heating; • 

~ill A unit that has a heat input capability of not more than 3,500,000 Btus per hour, 

except for units fueled with wood or coal; 

~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, or paving parking lots; and 

(7) f.n emergeHoy electrical geHefatsr pswe!'eEl by petrole\iffi prsd\icts; 

(8) A facility that has the pstefl:tial ts emit 25 tsHs sr less per year sf aay criteria psllataat, 

except leaEl, befure the applicatisH sf csHtrsl eEj:liipmeHt; 

(9) A \il'lit fueled by waste sil meetiHg the req\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 of control equipment. However, the criteria pollutant emissions 

from the unit must be included in determining if the source is a minor sourc~ 

(11) ,'\fly other sot!feo eoastruetod for domostie flHFJloses and aot iffioadod for Hse by an 

iadHstry, manHfaeturer, or busiaoss. 

A sot!feo or An emission unit that is exempt from permitting uader sHbdivisioas (1) to fWj, 

iaelt~sive, must still meet the visible emission restriction in§ 74:36:12:01. 

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

§ 34:10:01:16, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:25, effective July 1, 

• 1981; 13 SDR 129, 13 SDR 141, effective July 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, effective January 2, 2005. 

General Authority: 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 of a 

minor source may request a variance from applicable emission standards. The variance will allow 

27 
the minor source to operate in noncompliance with applicable emission standards. A minor • 

source is eligible for a variance if it is located within an area that is in attainment for all regulated 

air pollutants for which the source is requesting a variance. The minor source may not receive a 

variance if the source obtained a minor source operating permit by accepting federally 

enforceable permit conditions to prevent the source from needing a Part 70 operating permit. 

The owner or operator desiring to obtain a variance must submit an application. The 

application must include the same provisions required by§ 74:36:04:07, the requirements and a 

compliance plan for which a variance is requested, and the facts relevant to establishing the 

burden of proof required under SDCL 34A-l-27. The compliance plan must outline the steps that 

will be taken to come into compliance and the completion date for each step. 

The board shall hold a hearing on the department's recommendation on a request for a 

variance. Any person affected by the recommendation or any person interested in testifying either 

for or against the department's recommendation may submit written comments to the department 

or present oral testimony before the board at the hearing. After the hearing is closed, the board 

may eitheF amend and approve, deny, or adopt the department's recommendation. 

2005. 

Source: 23 SDR 106, effective December 29, 1996; 31 SDR 101, effective January 2, 

General Authority: SDCL 34A-l-6, 34A-1-19, 34A-1-24. 

Law Implemented: SDCL 34A-l-12, 34A-1-19, 34A-l-24. 

28 

• 

• 
• Cross-Reference: Operating permits for Part 70 sources, ch 74:36:05. 

Note: The procedural requirements for obtaining a variance are similar to the procedural 

requirements for obtaining a minor source operating permit, such as a timely and complete 

application, completeness review, statement of basis, public participation, and department 

recommendation, as outlined in§§ 74:36:04:06 to 74:36:04:12, inclusive. 

74:36:04:04. Standard for issuance of a minor source operating permit. An operating 

permit for a HeW source or permit modification revision may be issued only if it has been shown 

that the operation of the HeW source or permit modification revision will not prevent or interfere 

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

• Compliance with this requirement as determined by air pollution dispersion modeling is shall not 

• 

be affected by stack height that exceeds good engineering practice or by any other dispersion 

technique as defined in 40 C.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 of the 

act and Clean Air Act. The minor source operating permit must include reasonable conditions, 

including adherence to plans and specifications, to assure compliance with the act, Clean Air Act, 

and any other conditions justified under SDCL 34A-1-19. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

29 
May 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 if it meets the time limits 

specified in this section. An application is complete if it meets the requirements in§ 74:36:04:07. 

A minor source applying for an initial operating permit shall submit a complete application • 

to the depar.tment at least 120 days, whieh includes the 3 0 day pl:lblie notiee period, before the 

estimated date of eommeneing eonstruetion of fue souree or operation of a 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 of the emission unit(s) involved with the modification. 

A minor source applying for renewal of a an operating permit shall submit a complete 

application 90 days before the date of permit expiration. If an existing source submits a timely 

and complete application for renewal of an operating permit within this time limit, the source's 

existing permit does not expire until the renewal permit has been issued or denied. The terms and 

• 

30 
• conditions of the existing permit remain in effect until the renewal permit has been issued or 

denied. 

• 

• 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 

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

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

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 of the source or permit modification . 

74:36:04:07. Required contents of complete application for operating permit. An 

application for an operating permit for a minor source or permit modification must submit the 

following information to be considered a complete application: 

(1) General company information, including the company name and address or the plant 

name and address if different from the company name, the owner's name and agent, and the plant 

site manager or contact; 

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

(3) The following information on emissions: 

(a) Identification and description of all emission peffits units; 

(b) Fuels, fuel use, ae:d raw materials,~ and production rates; 

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

31 
(d) Limitations on source operation affecting emissions or any work practice standards, • 

where applicable, for all regulated air pollutants; 

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

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

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

pollutants regulated at the source; 

( 4) A copy of any prepared plans and the specifications of any equipment or other facilities 

which may affect the source, including pollution control devices; 

(5) An abatement strategies plan, if required by chapter 74:36:03; 

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

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

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

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

compliance with the act or the Clean Air Act. 

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

application for the renewal of an operating permit may refer to a previously submitted application 

if there are no operational changes. 

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

§§ 34:10:01:04.01, 34:10:01:06, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:09, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 

32 

• 

• 
• SDR 141, effective July 1, 1987; transferred from§ 74:26:01:09, 19 SDR 157, effective April22, 

1993. 

• 

• 

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

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

74:36:04:08. Applicant required to supplement or correct application. If the applicant 

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

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

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

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

draft permit. 

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

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

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

74:36:04:09. Permit application -- Completeness review. The department shall conduct 

a completeness review of each permit application received, as follows: 

(1) Within 30 days after submission of an application for an initial operating permit, £! 

permit modification, or a renewal of an operating permit for a minor source, the department shall 

notify the applicant in writing whether or not the application is complete or incomplete. If the 

department does not notify the applicant that the application is incomplete within 30 days after 

receipt of the application, the application is considered complete. The department may at any 

33 
time during the processing of the application request, in writing, additional information necessary • 

to evaluate or take final action on the application; 

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

application, the department shall identify the items required to re•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 by the department; and 

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

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

writing if the application is or is not complete. 

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

SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:10. Time period for department's recommendation. The department shall 

recommend issuance or denial of an operating permit, a permit modification, or a renewal for an 

operating permit for a minor source within 90 days after the submission of a 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 of the application without waiting for a department recommendation. The petition 

must conform to the requirements of article 74:09. 

• 

• 

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

§§ 34:10:01:08.01, 34:10:01:11, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:11, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 

transferred from§ 74:26:01:11, 19 SDR 157, effective April22, 1993. 

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, 

after re>l-iew of a eoHlf)lete applieation for an operating permit or a rene>.val of an operating permit 

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 with the 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, effective April4, 1999. 

Ceaeral A.utharity: SDCL 34A I 6, 34A I 21. 

Lw.v Implemeated: SDCL 34A I 21, 34A I 29, 34A I 30. 

35 
74:36:04:12. Public participation in permitting process. The department shall mail a 

copy of the draft permit for a minor source to the applicant. The department shall publish a 

public notice of the draft permit once in a legal newspaper in the county where the source is 

located. The notice must include a brief statement describing the faeility source and where it is 

located; the department's recommendation and the reasons for it; the activity or activities 

involved in the permit action; the emissions change involved in any permit modification; a 

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

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

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

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

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

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

§§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:37, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April4, 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 of this article or the requirements of the 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 of the end of the public comment period on a 

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

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

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

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

proposing a new, modified, or renO>.ved permit, denying a permit, or terminating a permit. 

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 of the final permit decision except under the following conditions: 

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

• (2) A contested case hearing is requested; or 

37 
(3) No comments or request for changes in the draft permit were received during the • 

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

final permit decision and the proposed new, modified, or rone'.ved final permit is issued at the 

end of the public notice period. 

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, effective April22, 1993; 25 SDR 123, effective April4, 1999. 

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

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

74:36:04:15. Contents of operating permit. An operating permit or a renO'lfal of an 

operating permit for a minor source shall include the following: 

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

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

a permit; 

(3) The type of operation; 

( 4) The plant facility and mailing address; 

(5) The date the operating permit was granted and on which it will expire; 

(6) A number for administrative reference; 

(7) The name of a designated person or officer responsible for the source's operation; 

38 

• 

• 
• (8) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and Clean Air Act; 

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

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

and Clean Air Act; 

(10) Monitoring and related recordkeeping and reporting requirements; 

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

requirements if any portions of the permit are challenged; and 

(12) Provisions stating the following: 

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

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

• revocation and reissuance, or 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 

exclusive privilege; and 

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

by the department to determine if cause exists for moElifying revising, revoking and reissuing, 

reopening, or terminating the permit or to determine compliance. 

Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:22.10, 7 SDR 

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

39 
13 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. 

Law Implemented: 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 application has been submitted to the department. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:17. Renewal of operating permit. Permits being renewed are subject to the 

same procedural requirements in§§ 74:36:04:06 to 74:36:04:14, inclusive, as the original minor 

source operating permit issuance. 

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

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:18. Operating permit revision. An operating permit for a minor source may be 

revised at any time by the applicant's submittal of a notice and an application. The fletiee 

40 

• 

• 
• application must specify if the 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, or permit modification. 

Source: 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:20. Procedures for administrative permit amendments. The faeility source 

may implement a proposed revision that is considered an administrative permit amendment 

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

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

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

procedural requirements applicable to obtaining an O:Peratiag f! permit modification. 

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. 

74:36:04:20.01. Minor permit amendment required. A minor permit amendment is an 

amendment to an existing minor source operating permit and is issued by the secretary. A source 

• may request a minor permit amendment under §§ 74:36:04:20.02 to 74:36:04:20.04, inclusive, 

41 
for a change that does not constitute a modification and is not prohibited under any applicable • 

requirement under Title I of the Clean Air Act. 

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

General Authority: SDCL 34A-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 after receipt of a complete application for the amendment: 

(1) Issue the minor permit amendment as proposed; 

(2) Deny the minor permit amendment application; or 

(3) Determine that the requested minor permit amendment should be processed as a permit 

modification. 

The faeility source may implement a proposed revision that is considered a minor permit 

amendment seven days after aotifyiag the d8j3artmeat submitting a complete application. The 

secretary shall issue minor permit amendments without the procedural requirements applicable to 

obtaining 8:R opeflltiag ~permit modification. 

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

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

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 of the 

operating permit or the department determines that the operating permit must be revised to assure 

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

Source: 19 SDR 157, effective 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 of this 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 

air pollution sources that meets the following: 

43 
(1) Involve the same or substantially similar types of operations; 

(2) Require the same or similar type of air emission limits; and 

(3) Require the same or similar recordkeeping and monitoring. 

If a general permit has been issued by the secretary, all sources covered by the general 

permit shall apply for permission to operate under the general permit. Such sources may not 

construct or operate until they are granted coverage under the general permit, or until they obtain 

an individual permit if required by the secretary. 

Source: 30 SDR 26, effective September 1, 2003. 

General Authority: SDCL 34A-1-21. 

Law Implemented: SDCL 34A-1-56. 

Note: The procedural requirements for obtaining a general permit under this chapter are 

similar to the procedural requirements for a 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. 

CHAPTER 74:36:05 

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 

OPERATING PERMITS FOR PART 70 SOURCES 

Applicability. 

Permit Part 70 operating permit required. 

Sources required to obtain a Part 70 operating permit. 

PSD or NSR presoRstnlstion permit reEJ:ffired. Repealed. 

Sources exempt from obtaining a Part 70 operating permit. 

Insignificant activities. 

Transferred. 

Standard for issuance of a Part 70 operating permit. 

Fees required for operating permit. 

74:36:05:07 Time period for operating permits and renewals. 

74:36:05:08 Timely and complete application for operating permit required. 

74:36:05:09 Complete application. 

74:36:05:10 and 74:36:05:11 Transferred. 

74:36:05:12 Required contents of complete application. 

74:36:05:13 Applicant required to supplement or correct application. 

74:36:05:14 Repealed. 

7 4:3 6:05: 15 Deadline for final action on permit application. 

74:36:05:16 

74:36:05:16.01 

Statement of basis for recommended permit conditions. 

Operating permit requirements. 

45 
74:36:05:17 Public participation in permitting process. 

74:36:05:18 Public and affected state review of draft permit. • 

74:36:05:19 Transferred. 

74:36:05:20 Repealed. 

74:36:05:20.01 Final permit decision-- Notice to interested persons. 

74:36:05:20.02 Petitions for contested case hearing. 

74:36:05:20.03 EPA review of Part 70 operating permit. 

74:36:05:21 EPA objection to issuance of operating permit. 

74:36:05:21.01 Department response to EPA objection. 

74:36:05:22 Department failure to meet EPA objection deadline. 

74:36:05:23 Public petition to EPA on the final permit. 

74:36:05:24 Repealed. 

74:36:05:25 to 74:36:05:27 Transferred. • 

74:36:05:28 Permit expiration. 

74:36:05:29 Permit renewal. 

74:36:05:30 Permit flexibility. 

74:36:05:31 Permit amendment -- Application required. 

74:36:05:32 Administrative permit amendment required. 

74:36:05:33 Procedure for administrative permit amendments. 

74:36:05:34 Minor permit amendment required. 

74:36:05:35 Requirements for minor permit amendments. 

74:36:05:36 Application for minor permit amendment. 

74:36:05:37 Notification of EPA and affected states required. • 

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 

Department deadline to approve minor permit amendment. 

Permit modifications. 

Reopening operating permit for cause. 

Procedures to reopen permit. 

Reopening permit for cause by EPA. 

EPA review of proposed determination. 

Department failure to submit proposed determination. 

Repealed. 

Permit termination, modification, revocation, and reissuance by 

department. 

Notice of operating noncompliance-- Contents. 

Circumvention of emissions not allowed. 

Petition for contested case on alleged violation. 

Repealed. 

Federal enforceability of permit conditions. 

General permits. 

Secretary may require an individual permit. 

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

reE]-ffired to obtain a Part 70 operating permit. 

47 
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 • 

SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-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 or unit likely to cause the emission of air pollutants 

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

into the ambient air until the aJ3:13lieaelo preeoastnletioa a construction permit, PSD 

preconstruction permit, NSR preconstruction permit, or Part 70 operating permit has been issued 

by the board or the 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. 

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

Law Implemented: 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 operating permit required,§ 74:36:05:08. 

74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required 

to obtain a Part 70 operating permit include the following: 

48 

• 

• 
• (1) Any major source; 

(2) Any source, including an area source, subject to a standard or regulation promulgated 

under§ Ill of the Clean Air Act unless otherwise specified in§ 74:36:07; 

(3) Any source, including an area source, subject to a standard or regulation promulgated 

under § 112 of the Clean Air Act, except for a source that is solely subject to the regulations or 

requirements of§ 112(r) or unless otherwise specified in§ 74:36:08; 

(4) Any affected source subject to Title IV of the Clean Air Act; and 

(5) Any source in a source category designated by the administrator of the EPA through 

the Clean Air Act pursuant to Title V of the Clean Air Act. 

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

• SDR 123, effective April4, 1999. 

• 

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 operating permit 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 of the Clean Air Aet 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 . 

49 
Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:10, 20 SDR • 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995. 

Ceaenl Aatharity: SDCL 34A 1 6, 34A 1 21. 

Law IIBJllemeated: 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 Part 70 operating permit: 

(1) All sources that are not included in§ 74:36:05:03; 

(2) Sources that operate a unit subject to 40 C.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 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 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 

applicable requirements 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 January 2, 2005; 32 SDR 209, 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 preconstruction permit or NSR preconstruction permit: 

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

that combust municipal or household waste; 

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

airplanes, locomotives, and boats; 

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

(4) A de~'ioe or apparat1:1s unit that has a heat input capability of not more than 3,500,000 

Btus per hour, except for units fueled with wood or coal; 

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

equipment; 

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

roofs, or paving parking lots; 

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

before the application of control equipment. A ooit may not be eonsidered insignifioar1t if a state 

or federal limit is applioable to the ooit. However, the criteria pollutant emissions from the unit 

must be included in determining if the source is a major 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 if the source is a major or minor source. A unit can not be considered insignificant if 

a state or federal limit is applicable to the unit. 

However, insignificant activities exempted because of size or production rate must be 

identified in the Part 70 operating permit application. An application may not omit information 

needed to determine the applicability of or to impose an applicable requirement. 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 

SDR 101, effective January 2, 2005. 

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

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

74:36:05:06. Standard for issuance of a Part 70 operating permit. A Part 70 operating 

permit for a new source or permit modification revision may be issued only if it has been shown 

that the operation of the new source or permit 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 air pollution dispersion modeling is shall not be affected 

by stack height that exceeds good engineering practice or by any other dispersion technique as 

defined in 40 C.P.R. § 51.100 (July 1, 2005 July 1, 2009). Each new 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 

other conditions justified under SDCL 34A-1-19. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from§ 74:26:01:12, 19 SDR 157, effective April22, 1993; 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

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

General Authority: SDCL 34A-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 

operating permit fef and the owner or operator of a source with a Part 70 souree operating permit 

shall submit a fee in accordance with article 74:37. 

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:11, 20 SDR 

125, effective February 9, 1994. 

General Authority: SDCL 34A-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 of the Clean Air Act shall be for a fixed term of five years. Operating 

permits for all Part 70 sources shall be issued for a period up to five years and all subsequent 

operating permits shall be for a period of five years. A permit issued for a solid waste incinerator 

subject to the requirements of§ 129(e) of the Clean Air Act shall be for a period not to exceed 12 

years and shall be reviewed by the department every five years. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from§ 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:32, 19 SDR 157, 

effective April 22, 1993. 

General Authority: 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 a Part 70 source required to have an operating permit must submit a 

timely and complete application. An application is timely if it meets the time limits specified in 

this section. An application is complete if it meets the requirements in §§ 74:36:05:12 and 

74:36:05:13. The time limits are set as follows: 

(1) A source applying for its initial Part 70 operating permit or a 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 may be 

submitted in a shorter time frame if th:e applicant reoeives prior written appro'ral from th:e • 

54 
• dej3artment. For purposes of this seetion, beginning aetual eonstruetion means the initiation of 

physioal, onsite oonstruetion, reoonstruotion, or modifioation aotivities on a unit or ohange in 

method of operation that are of permanent nature within 12 months after commencing operation; 

(2) A Part 70 source applying for a permit modification shall submit a complete 

application to the department within 12 months after commencing operation of the emission units 

involved with the modification. 

~ill A Part 70 source applying for renewal of an operating permit must submit a 

complete application six months before the date of permit expiration. If a source submits a timely 

and complete application for renewal of a permit, the terms and conditions of the existing permit 

remain in effect until the renewal permit has been issued or denied. This right to operate pending · 

action on an application is extinguished if the applicant fails to submit on time the information 

• identified in§ 74:36:05:12; 

f3j ffi Part 70 sources required to obtain approval under § 112(g) of the Clean Air Act or 

to have a PSD preconstruction permit or NSR preconstruction permit under the preoonstnwtion 

review program ooder part CorD of Title I of the Clean Air Aet must file a complete application 

to obtain a Part 70 operating permit or a permit modification, whichever is applicable, for the 

Part 70 source within 12 months after commencing operation. If an existing operating permit for 

a Part 70 source would prohibit such construction or the change in operation, the source must 

obtain a the applicable construction permit, PSD preconstruction permit, or NSR preconstruction 

permit modifioation before 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 of the effective date of EPA's approval of the state's § 111 (d) plan required in 

the Clean Air Act. 

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 

21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, 

effective January 2, 2005. 

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

Law Implemented: SDCL 34A-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 of the source or permit modification. 

74:36:05:09. Complete application. The department shall determine completeness of an 

application for an initial Part 70 operating permit, permit modification, or renewal of a Part 70 

operating permit within 60 days after its receipt and shall notifY the applicant in writing of its 

determination. If the department does not notifY the applicant that the application is incomplete 

within 60 days after receipt of the application, the applicant may consider the application 

complete. At any time during the processing of the application, the department may request, in 

writing, additional information necessary to evaluate or take final action on the application . 

• 

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 of an incomplete notification or request 

for additional information to submit the requested information, unless an extension beyond the 

20 working days is approved by the department. The department shall determine the adequacy of 

the applicant's response to each incomplete item within 20 days after receipt of the response and 

shall notify the applicant in writing if the application is or is not complete. 

Once a designated representative submits a timely and complete acid rain permit 

application, the owners or operators of the affected source and the affected units covered by the 

permit application are considered in compliance with the requirement to have an acid rain permit 

• until the final permit is issued, provided that any requested additional information is submitted 

during the permitting process. 

• 

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

SDR 123, effective Apri14, 1999. 

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

Law Implemented: SDCL 34A-l-21. 

74:36:05:12. Required contents of complete application. An applicant for an operating 

permit for a Part 70 source or permit modification must submit the following information for the 

application to be considered complete; 

57 
(1) General company information, including the company name and address or the plant • 

name and address if different from the company name, the owner's name and agent, and the plant 

site manager or contact; 

(2) A plant description in terms of the processes and products identified by the Standard 

Industrial Classification Code, 1987, including any associated with each alternate scenario 

identified by the source; 

(3) The following information on emissions: 

(a) All emissions of pollutants for which the source is major and all emissions of 

regulated air pollutants. The applicant must describe all emissions of regulated air pollutants 

emitted from any emissions unit, except when such units are exempt; 

(b) Identification and description of all emission peffits units described in subsection (a) 

of this subdivision in sufficient detail to establish the basis for fees and the applicability of • 

requirements of the Clean Air Act; 

(c) Emissions rates in total tons per year and in any other terms necessary to establish 

compliance consistent with the applicable standard reference test method; 

(d) Fuels, fuel use, raw materials, production rates, and operating schedules; 

(e) Identification and description of air pollution control equipment and compliance 

monitoring devices or activities; 

(f) Limits on source operation affecting emissions or any work practice standards, as 

applicable for all regulated air pollutants; 

(g) For all pollutants regulated at the source, other information required by any 

applicable requirements including information related to stack height limits, such as the location 

• 

58 
• of emissions units, flow rates, building dimensions, and stack parameters, including height 

diameter, and plume temperature; and 

• 

• 

(h) Calculations on which the items in this subdivision are based; 

(4) One copy of any prepared plans and the specifications of any equipment or other 

facilities that may affect the source, including pollution control devices; 

(5) An abatement strategies plan, if required by chapter 74:36:03; 

( 6) A signed and notarized certification of applicant form, as provided by the department; 

(7) The results of any air dispersion modeling or stack performance testing required by the 

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 of major 

source; 

(1 0) A description of or reference to any applicable test method for determining 

compliance with each applicable requirement; 

(11) Any additional information that may be necessary to implement and enforce other 

requirements of the Clean Air Act or to determine the applicability of such requirements; 

(12) An explanation of any proposed exemptions from otherwise applicable requirements; 

(13) The use of standardized forms for acid rain portions of permit applications and 

compliance plans; 

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 emission cap; 

(15) A compliance plan that contains all ofthe following and is at least as stringent as that 

contained in any judicial consent decree or administrative order to which the source is subject: 

(a) A description of the compliance status of the source for all applicable requirements, 

including applicable requirements that will become effective during the term of the permit; 

(b) A description of the requirements for which the source is not in compliance at the 

time of permit issuance and a narrative description and a compliance schedule of how the source 

will achieve compliance with such requirements. The compliance schedule must include a 

statement that progress reports will be submitted at least once every six months; and 

(c) A statement that the source will continue to demonstrate compliance with applicable • 

requirements; 

(16) A certification of compliance by a responsible official that addresses all air pollution 

control requirements applicable to the source. A certification of compliance for an affected 

source subject to Title 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 certification requirement of the Clean Air Act and must include: 

(a) A statement indicating methods used to determine compliance, including 

monitoring, recordkeeping and reporting requirements, and test methods; 

(b) A statement that compliance certifications will be submitted at least annually or at 

other designated times for the duration of the permit to the department; 

(c) A statement that the source is in compliance with all applicable requirements; • 

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 

or intermittent; and 

(e) A statement indicating the source's compliance status with any applicable enhanced 

monitoring and compliance certification requirements of the Clean Air Act; 

(17) A certification by a responsible official of the truth, accuracy, and completeness of 

any application form, report, or compliance certification submitted to the department. This 

certification and any other required certification must state that, based on information and belief 

formed after reasonable inquiry, the statements and information in the documents are true, 

accurate, and complete; and 

(18) Any other information requested by the department after submission of an application 

• for a permit to operate a Part 70 source which is relevant to determine compliance of the source 

with the Clean Air Act. 

• 

An application for a renewal of an operating permit for a Part 70 source may refer to 

previously submitted material. 

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 

21 SDR 119, effective January 5, 1995. 

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

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

61 
Reference: Standard Industrial Classification Manual, 1987, Executive Office of the • 

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

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

100012. Cost: $31. 

74:36:05:16.01. Operating permit requirements. Each permit issued for the operation of 

a Part 70 source must contain: 

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

a permit; 

(2) The type of operation; 

(3) The plant facility and mailing address; 

(4) The date the operating permit was granted and on which it will expire; 

(5) A number for administrative reference; • 

( 6) A The name of a designated person or officer responsible for the source's operation; 

(7) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and Clean Air Act; 

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

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

and Clean Air Act and including the following: 

(a) The reference of authority for each term or condition; 

(b) The applicable requirements from the Clean Air Act and from Title IV requirements 

of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent 

and incorporating both into the permit; and • 

62 
• (c) If an alternative emission limit is approved in the state implementation plan (SIP), 

provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit 

modification process has been demonstrated to be equivalent to the applicable emission limit in 

the state implementation plan and is quantifiable, accountable, enforceable, and based on 

replicable procedures; 

(9) Monitoring and related recordkeeping and reporting requirements, consisting of at least 

the following: 

(a) All emissions monitoring and analysis procedures, alternative approved methods or 

test methods required under the applicable requirements, including procedures and methods in 

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

(b) If the applicable requirement does not require periodic testing or instrumental or 

• noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the 

relevant time period that are representative of the source's compliance with the permit. Such 

monitoring requirements must assure use of terms, test methods, units, averaging periods, and 

other statistical conventions consistent with the applicable requirement; 

(c) As necessary, documentation of the use, maintenance, and if appropriate, 

installation of monitoring equipment or methods; 

(d) Documentation of the following: 

(i) The date, place as defined in the permit, and time of sampling or 

measurements; 

(ii) The date or dates analyses were performed; 

(iii) The company or entity that performed the analyses; 

• (iv) The analytical techniques or methods used; 

63 
(v) The results of such analyses; and 

(vi) The operating conditions as existing at the time of sampling or • 

measurement; 

(e) Recordkeeping and reporting requirements that comply with the following: 

(i) Submission of reports of any required monitoring must occur at least every 

six months. Reports must clearly identify all deviations from permit requirements and conditions. 

All required reports must be certified by a responsible official; and 

(ii) Deviations from permit requirements, including those attributable to upset 

conditions as defined in the permit, the probable cause of such deviations and any corrective 

actions or preventive measures taken must be promptly reported and certified by a responsible 

official; and 

(f) Requirements for retention of monitoring records and all supporting documentation • 

for at least five years from the date of the monitoring sample, measurement, report, or 

application; and 

(10) If applicable, a condition prohibiting emissions exceeding any allowances that the 

source lawfully holds, exceedances of applicable emission rates, and the use of any allowance 

prior to the year for which it was allocated under the Title IV program of the Clean Air Act; 

(11) A severability clause asserting the continued validity of permit requirements if any 

portions of the permit are challenged; 

(12) Provisions stating the following: 

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

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

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 

been necessary to cease or reduce the permitted activity in order to maintain compliance; 

(c) The permit may be modified, revised, revoked and reissued, reopened, or terminated 

for cause. 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 of planned changes or anticipated noncompliance does not stay any permit condition; 

(d) The permit does not convey property rights of any sort or any exclusive privilege; 

and 

(e) The permittee must provide any information, including records, requested in writing 

• by the department to determine whether cause exists for modifying revising, revoking and 

reissuing, reopening, or terminating the permit or to determine compliance; 

(13) Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application and approved by the department. The terms and conditions must require 

the source, contemporaneously with making a change from one operating scenario to another, to 

record in a log at the permitted facility a record of the scenario under which it is operating and 

must ensure that the terms and conditions of each such alternative scenario meet all requirements 

of the Clean Air Act; 

(14) Compliance requirements that contain the following: 

(a) A compliance certification and testing, monitoring, reporting, and recordkeeping 

requirements sufficient to assure compliance with the terms and conditions of the permit. All 

• documents, including reports, required by the permit must be certified by a responsible official 

65 
consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted • 

annually from the date of permit issuance to the department and EPA; 

(b) Inspection and entry requirements that require the permittee to allow the department 

or an authorized representative to perform the following: 

(1) Enter upon the permittee's premises where a Part 70 source is located or 

emissions-related activity is conducted or where records mus.t be kept under the conditions of the 

permit; 

(2) Have access to and copy, at reasonable times, any records that must be kept 

under the conditions of the permit; 

(3) Inspect at reasonable times any facilities, equipment, practices, or operations 

regulated or required under the permit; and 

(4) As authorized by the Clean Air Act, sample or monitor at reasonable times • 

substances or parameters for the purpose of assuring compliance with the permit or applicable 

requirements; 

(c) A compliance plan in accordance with subdivision 74:36:05:12(15), including 

progress reports on noncompliance indicating the dates that compliance will be achieved or the 

dates that compliance was achieved as referred to in a schedule of compliance. The report must 

state an explanation for not attaining dates of compliance and must be submitted to the 

department semiannually or more frequently as required by the department; and 

(d) A compliance certification in accordance with subdivision 74:36:05:12(16); 

(15) A condition requiring a Part 70 source to pay any required fees; 

• 

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 by the applicable 

requirements of the Clean Air Act; 

(17) Any provisions the department uses to issue general permits that are in accordance 

with 40 C.P.R. Part 70.6(d) (July 1, 2005 July 1, 2009); 

( 18) Provisions for permit emission exceedances due to emergencies that are in accordance 

with the requirements in 40 C.F .R. Part 70.6(g) (July I, 2005 July 1, 2009); and 

(19) All applicable requirements of the Clean Air Act. 

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

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

General Authority: SDCL 34A-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 

comment on the draft permit. 

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 brief statement describing the faeility source, including the name and address of the 

permittee; 

(2) The activity or activities involved in the permit action; 

(3) The emissions change involved in any permit modification; 

(4) The department's recommendation and the reasons for it; 

(5) A statement that a person may submit comments or contest the draft permit within 30 

days after publication of the notice. The statement shall also describe the procedures a person 

must follow to contest the draft permit and request a hearing in accordance with article 74:09; 

and 

(6) A statement describing where copies of the draft permit or other information may be 

obtained. 

The department shall provide to the interested parties a 30-day notice of any hearing to 

contest a draft permit. 

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 

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

General Authority: SDCL 34A-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 hearing must be in writing and prepared and filed in accordance with 

article 74:09. The department is not required to accept recommendations or comments that are 

not based on applicable requirements of this article or the requirements of the Clean Air Act. 

Source: 19 SDR 157, adopted April22, 1993, effective November 15, 1994; 20 SDR 125, 

amended February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 

1995, and effective date changed to March 15, 1995; 25 SDR 123, effective April4, 1999. 

General Authority: SDCL 34A-1-6, 34A-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 of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person or affected 

state that submitted written comments or requested notice of the final permit decision. The notice 

shall include reference to the procedures for contesting the final permit decision and requesting a 

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

means proposing a new, modified, or renewed permit, denying a permit, or terminating a permit. 

The proposed new, modified, or rene>.ved Part 70 operating permit will be submitted to 

EPA within 30 days of notifying 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 later effective date is specified in the final permit decision; 

(2) A contested case hearing is requested; or 

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

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

final permit decision and the proposed Part 70 operating permit is submitted to EPA. 

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 

125, effective February 9, 1994; 25 SDR 123, effective April4, 1999. 

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

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

74:36:05:20.03. EPA review of Part 70 operating permit. The department shall submit 

to EPA a copy of each permit application for an operating 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 of the permit application or compliance plan. 

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 changed to March 15, 1995; 25 SDR 123, 

effective Apri14, 1999. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:21.01. Department response to EPA objection. The department shall respond 

within 90 days to the EPA objection. The department may either revise the proposed Part 70 

operating permit or justify its position on the proposed Part 70 operating permit to EPA. If the 

department decides to revise the proposed Part 70 operating permit, it shall 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, minor permit amendment, or permit modification, as applicable. 

If the EPA concurs with the revised proposed Part 70 operating permit or the department's 

justification, the department shall issue a final permit and submit it to the EPA. If the EPA does 

not concur, the EPA is responsible for issuing the final permit. 

Source: 20 SDR 125, adopted February 9, 1994, effective November 15, 1994; 21 SDR 

119, amended January 5, 1995, and effective date changed to March 15, 1995. 

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

• Law Implemented: SDCL 34A-l-21. 

71 
74:36:05:28. Permit expiration. Permit expiration terminates the source's right to operate 

under the Part 70 operating permit unless a timely and complete renewal application has been 

submitted to the department. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-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 permit revision before the 

source makes those changes if the change is not a modification under any provision of Title I of 

the Clean Air Act and the change does not exceed the emissions allowable under the permit. The 

source must provide both EPA and the department written notification as required in this section 

at least seven days in advance of the proposed changes. The source, the EPA, and the department 

shall attach each such notice to its copy of the relevant permit. 

Permitted sources may make changes which do not violate any applicable requirements or 

contravene federally enforceable permit terms and conditions, such as monitoring, including test 

methods; recordkeeping; reporting; or compliance certification requirements. For each such 

72 

• 

• 

• 
• change, the written notice must include a brief description of the change within the permitted 

facility, the date on which the change will occur, any change in emissions, and any permit term or 

condition that is no longer applicable as a result of the change 

If a permit applicant requests it, the department must issue permits that contain terms and 

conditions, including all requirements under § 74:36:05:16.01, allowing for the trading of 

increases and decreases in the permitted facility solely for the purpose of complying with a 

federally enforceable emissions cap that is established in the permit independent of otherwise 

applicable requirements. The permit applicant must include in its permit application the proposed 

replicable procedures and permit terms that ensure that the emission trades are quantifiable and 

enforceable. Any emission units for which emissions are not quantifiable or for which there are 

• no replicable procedures to enforce the emission trades shall not be permitted for trading of 

emissions. The written notice must include, at a minimum, when the proposed change will occur, 

a description of each such change, any change in emissions, and how these increases and 

decreases in emissions will comply with the terms and conditions of the permit. 

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

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

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

74:36:05:31. Permit amendment -- Application required. An amendment to a permit 

can be applied for at any time by the applicant's submittal of an application. The application must 

• specify if the requested ameadmeftt aREi the reasons for it permit revision is an administrative 

73 
permit amendment, a minor permit amendment, or a permit modification. The application shall • 

contain the necessary information required for an administrative permit amendment, minor 

permit amendment, or permit modification. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-l-21. 

74:36:05:32. Administrative permit amendment required. An administrative permit 

amendment may be issued for a revision to a permit meeting the requirements of§ 74:36:01:03. 

An application for an administrative permit amendment shall contain a description of the change 

and documentation supporting the applicant's claim the revision qualifies as an administrative • 

permit amendment. 

Source: 19 SDR 157, effective April22, 1993; 23 SDR 106, effective December 29, 1996. 

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

Law Implemented: 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 after the end of EPA's 45-day review period, whichever is later: 

( 1) Issue the minor permit amendment as proposed; 

(2) Deny the minor permit amendment application; 

(3) Determine that the requested minor permit amendment should be processed as a permit 

modification; or 

(4) Revise the proposed minor permit amendment and transmit the revised amendment to 

EPA. 

The department is not required to public notice a minor permit amendment; but the final 

• permit decision for a minor permit amendment must be submitted to EPA for a 45-day review. 

• 

The department may not issue a final permit for a minor permit amendment until after EPA's 45-

day review or until EPA has notified the department that EPA will not object to the issuance of 

the minor permit amendment. The source may implement a proposed revision that is considered 

a minor permit amendment seven days after submitting a complete application. 

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

General Authority: SDCL 34A-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 of the 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 by EPA. 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, or revocation and reissuance. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:44. Department failure to submit proposed determination. Department 

failure to submit a proposed determination within the 90-day period in§ 74:36:05:42 or failure to 

resolve the objection in § 74:36:05:43 will result in termination, 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 and hearing by EPA on the proposed 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 of the Clean Air Act or this article or for nonpayment of a fee. Invalidation of the acid 

rain portion of an operating permit does not affect the continuing validity of the rest of the 

• operating permit, nor does invalidation of any other portion of the operating permit affect the 

continuing validity of the acid rain portion of the permit. 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:51. General permits. The secretary may issue a general permit to a category of 

air pollution sources that meets the following: 

(1) Involve the same or substantially similar types of operations; 

• (2) Require the same or similar type of air emission limits; and 

77 
(3) Require the same or similar recordkeeping and monitoring. 

If a general permit has been issued by the secretary, all sources covered by the general 

permit shall apply for permission to operate under the general permit. Such sources may not 

construct or operate until they are granted coverage under the general permit, or until they obtain 

an individual permit if required by the secretary. 

Source: 30 SDR 26, effective September 1, 2003. 

General Authority: SDCL 34A-l-21. 

Law Implemented: SDCL 34A-1-56. 

• 

Note: The procedural requirements for obtaining a general permit under this chapter are • 

similar to the procedural requirements for a Part 70 source, such as a timely and complete 

application, completeness review, public participation, and departmental recommendation, as 

outlined in§§ 74:36:05:08 to 74:36:05:23, inclusive. 

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 source performance standards. 

Standards of performance for fossil fuel-fired steam generators. 

Standards of performance for electric utility steam generators. 

Standards of performance for industrial, commercial, and institutional steam 

generating units. 

Standards of performance for small industrial, commercial, and institutional 

steam generating units. 

Standards of performance for incinerators. 

74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators 

constructed on or before June 20, 1996. 

74:36:07:06.02 Standards of performance for hospital/medical/infectious waste incinerators for 

which construction is commenced after June 20, 1996. 

74:36:07:07 Standards of performance for municipal waste combustors. 

74:36:07:07.01 Standards of performance for municipal combustors constructed after September 

20, 1994. 

74:36:07:08 

74:36:07:09 

74:36:07:10 

74:36:07:11 

74:36:07:12 

74:36:07:13 

Ash disposal requirements. 

Standards of performance for portland cement plants. 

Standards of performance for asphalt concrete plants. 

Repealed. 

Standards of performance for storage vessels of petroleum liquids constructed 

after June 11, 1973, and before May 19, 1978. 

Standards of performance for storage vessels of petroleum liquids constructed 

after May 18, 1978, and before July 24, 1984. 

79 
74:36:07:14 

74:36:07:15 

74:36:07:16 

74:36:07:17 

74:36:07:18 

74:36:07:19 

74:36:07:20 

74:36:07:21 

74:36:07:22 

Standards of performance for volatile organic liquid storage vessels (including 

petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984. 

Standards of performance for sewage treatment plants. 

Standards of performance for coal preparation plants. 

Standards of performance for grain elevators. 

Standards of performance for stationary gas turbines. 

Standards of performance for lime manufacturing plants. 

Standards of performance for metallic mineral processing plants. 

Standards of performance for pressure-sensitive tape and label surface coating 

operations. 

Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry. 

74:36:07:22.01 Standards of performance for equipment leaks of VOC in the 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 after November 7, 2006. 

Standards of performance for bulk gasoline terminals. 

Standards of performance for new residential wood heaters. 

Standards of performance for petroleum dry cleaners. 

Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations. 

Standards of performance for nonmetallic mineral processing plants. 

Standards of performance for magnetic tape coating facilities. 

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 

Operating requirements for wire reclamation furnaces. 

Monitoring requirements for wire reclamation furnaces. 

Standards of performance for graphic arts industry -- Publication rotogravure 

printing. 

Standards of performance for volatile organtc compound emissions from 

synthetic organic chemical manufacturing industry (SOCMI) reactor 

processes. 

Standards of performance for calciners and dryers in mineral industries. 

Existing municipal solid waste landfill. 

Plan submittal by existing municipal solid waste landfills. 

Collection system. 

Control system. 

Compliance schedule for existing municipal solid waste landfills. 

Existing municipal solid waste landfill operational standards for collection and 

control systems. 

Existing municipal solid waste landfill compliance provisions. 

Existing municipal solid waste landfill monitoring provisions. 

Existing municipal solid waste landfill reporting and recordkeeping. 

74:36:07:42.01 Additional reporting for existing municipal solid waste landfills. 

74:36:07:43 

74:36:07:44 

74:36:07:45 

74:36:07:46 

Standards of performance for new municipal solid waste landfills. 

Standards of performance for nitric acid plants. 

Standards of performance for sulfuric acid plants. 

Standards of performance for petroleum refineries. 

81 
74:36:07:46.01 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, or modification commenced after May 14, 2007. 

Standards of performance for secondary lead smelters. 

Standards of performance for secondary brass and bronze production plants. 

Standards of performance for primary emissions from basic oxygen process 

furnaces for which construction commenced after June 11, 1973. 

Standards of performance for secondary emissions from basic oxygen process 

steelmaking facilities for which construction commenced after January 20, 

1983. 

Standards of performance for primary copper smelter. 

Standards of performance for primary zinc smelter. 

Standards of performance for primary lead smelter. 

Standards of performance for primary aluminum reduction plant. • 

Standards of performance for wet-process phosphoric acid plant. 

Standards of performance for superphosphoric acid plant. 

Standards of performance for diammonium phosphate plant. 

Standards of performance for triple superphosphate plant. 

Standards of performance for granular triple superphosphate storage facility. 

Standards of performance for ferroalloy production plant. 

Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. 

Standards of performance for kraft pulp mills. 

Standards of performance for glass manufacturing plant. • 

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 of performance for surface coating of metal furniture. 

Standards of performance for lead-acid battery manufacturing plant. 

Standards of performance for automobile and light duty truck surface coating 

operations. 

Standards of performance for phosphate rock plants. 

Standards of performance for ammonium sulfate manufacture. 

Standards of performance for industrial surface coating -- Large appliances. 

Standards of performance for metal coil surface coating. 

Standards of performance for asphalt processing and asphalt roofing 

manufacture. 

Standards of performance for beverage can surface coating industry. 

Standards of performance for rubber tire manufacturing industry. 

Standards of performance for volatile organic compound emissions from 

polymer manufacturing industry. 

Standards of performance for flexible vinyl and urethane coating and printing. 

Standards of performance for equipment leaks ofVOC in petroleum refineries. 

74:36:07:76.01 Standards of performance for equipment leaks ofVOC in petroleum refineries. 

74:36:07:77 

74:36:07:78 

74:36:07:79 

74:36:07:80 

Standards of performance for synthetic fiber production facility. 

Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry air oxidation unit process. 

Standards of performance for equipment leaks of VOC from onshore natural gas 

processing plant. 

Standards of performance for onshore natural 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 of performance for wool fiberglass insulation manufacturing plant. 

Standards of performance for VOC emissions from petroleum refinery 

wastewater system. 

Standards of performance for industrial surface coating -- Surface coating of 

plastic parts for business machines. 

Standards of performance for polymeric coating of supporting substrates facility. 

Standards of performance for small municipal waste combustion units for which 

construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001. 

Standards of performance for commercial and industrial solid waste incineration 

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

modification or reconstruction commenced on or after June 1, 2001. 

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. 

Standards of performance for stationary compression ignition internal 

combustion engines. 

Standards of performance for stationary combustion turbines. 

Standards of performance for stationary spark ignition internal combustion 

engines. 

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 of the Environmental Protection Agency and the 

secretary of tho 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, effective June 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 of performance for fossil fuel-fired steam generators are those in 40 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, 

85 
2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR • 

209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:03. Standards of performance for electric utility steam generators. The 

standards of performance for electric utility steam generators are those in 40 C.F.R. §§ 60.40Da 

to 60.49Da, inclusive, (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, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:04. Standards of performance for industrial, commercial, and institutional 

steam generating units. The standards of performance for industrial, commercial, and 

institutional steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (July 1, 

:2,006 July 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, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:05. Standards of performance for small industrial, commercial, and 

institutional steam generating units. The standards of performance for small industrial, 

commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40c to 60.48c, 

• inclusive, (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 operating permit, provided the source bums solely 

• 

natural gas or propane and is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to this subpart. Exempted sources must still meet the applicable 

requirements in 40 C.F.R. §§ 60.40c to 60.48c (July 1, 2009). 

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 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. 

87 
74:36:07:06. Standards of performance for incinerators. The standards of performance 

for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, (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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:06.01. Standards of performance for 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 of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to cease operation shall notify the department within six 

months of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. 

The written notification shall inform the department of when the unit will be shutdown. The 

88 

• 

• 

• 
• shutdown date may not exceed one year after EPA's approval of the state plan for 

hospital/medical/infectious waste incinerators. 

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to comply with the requirements of this section shall submit a 

compliance plan within six months of state plan approval that meets the following deadlines: 

(1) Submit a Part 70 operating permit application and design drawings of the air pollution 

control device to the department within one year of state plan approval; 

(2) Submit a copy of the purchase order or other documentation indicati1,1g an order has 

• been placed for the major components of the air pollution control device within 15 months of 

state plan approval; 

• 

(3) Begin initiation of site preparation for installation of the air pollution control device 

within 2 years after state plan approval; 

(4) Complete installation of the air pollution control device within 30 months after state 

plan approval; and 

(5) Conduct a performance test within 33 months after state plan approval. 

89 
The 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 or operator shall comply with 

the remaining requirements in this section within three years after state plan approval or by 

September 15, 2002, whichever is earlier. 

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

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

effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:06.02. Standards of performance for hospital/medical/infectious waste • 

incinerators for which construction is commenced after June 20, 1996. The standards of 

performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, 

are those in 40 C.F.R. §§ 60.50c to 60.58c (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, 

effective June 13, 2006; 33 SDR 217, effective June 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 of performance for municipal waste combustors are those in 40 C.P.R. §§ 60.50a to 

60.59a, inclusive, (Jffiy 1, 200€i July l, 2009). 

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 

18 SDR 90, effective November 24, 1991; transferred from§ 74:26:26:01, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 

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

13,2007. 

General Authority: SDCL 34A-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, or modified or reconstructed after June 19, 1996, are those 

in 40 C.P.R.§§ 60.50b to 60.59b, inclusive, (July 1, 200€i 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. 

91 
Law Implemented: SDCL 34A-l-18. 

74:36:07:09. Standards of performance for portland cement plants. The standards of 

performance for portland cement plants are those in 40 C.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 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:10. Standards of performance 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 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. 

92 

• 

• 

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

Law Implemented: SDCL 34A-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 of performance for 

storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978, 

are those in 40 C.P.R. §§ 60.110 to 60.113, inclusive, (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 if the unit is not required to install controls and provided the source is not required to 

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

Exempted sources must still meet the applicable requirements in 40 C.P.R. §§ 60.110 to 60.113 

• (July 1, 2009). 

• 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:14:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:13. Standards of performance for storage vessels of petroleum liquids 

constructed after May 18, 1978, and before July 24, 1984. The standards of performance for 

93 
storage vessels of petroleum 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, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:14. 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. § § 60.11 Ob 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 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.§§ 60.110b to 60.117b (July 1, 

2009). 

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

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

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

74:36:07:15. Standards of performance for sewage treatment plants. The standards of 

performance for sewage treatment plants are those in 40 C.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, effective June 13, 2007 . 

General Authority: SDCL 34A-1-6. 

95 
Law Implemented: SDCL 34A-1-18. 

74:36:07:16. Standards of performance 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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:17. Standards of performance for grain elevators. The standards of 

performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (Jl:Hy 1, 

;wGe 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.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 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. 

74:36:07:18. 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, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:19. Standards of performance for lime manufacturing plants. The standards 

of performance for lime manufacturing plants are those in 40 C.P.R. §§ 60.340 to 60.344, 

inclusive, (Jaly 1, 2006 July 1, 2009) . 

97 
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; • 

transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:20. Standards of performance for metallic mineral processing plants. The 

standards of performance for metallic mineral processing plants are those in 40 C.F.R. §§ 60.380 

to 60.386, inclusive, (Jaly 1, 2006 July 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:21. Standards of performance for pressure-sensitive tape and label surface 

• 

coating operations. The standards of performance for pressure-sensitive tape and label surface • 

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. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic 

• organic chemicals manufacturing industry. The standards of performance for equipment leaks 

of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. 

• 

§§ 60.480 to 60.489, inclusive, (July 1, 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 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 . 

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. §Subpart VVa (July l, 2009). 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of • 

performance for bulk gasoline terminals are those in 40 C.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 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. 

100 

• 
• 

• 

• 

74:36:07:24. Standards of performance for new residential wood heaters. The 

standards of performance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 

60.539b, inclusive, (July l, 2006 July 1, 2009). 

Source: I9 SDR I 57, effective April22, 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 January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18 . 

74:36:07:25. 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 operating permit provided the source is not required to obtain a Part 70 operating 

permit for a reason other than the source is subject to this subpart. Exempted sources must still 

meet the applicable requirements in 40 C.F.R. §§ 60.620 to 60.625 (July I, 2009). 

Source: 19 SDR I 57, 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 
Law Implemented: SDCL 34A-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 January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007. • 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:27. Standards of performance for nonmetallic mineral processing plants. 

The standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. 

§§ 60.670 to 60.676, inclusive, (July 1, 2006 July 1, 2009). 

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 

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

transferred from § 74:26:23:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

102 

• 
• 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. 

74:36:07:28. Standards of performance for magnetic tape coating facilities. The 

standards of performance for magnetic tape coating facilities are those in 40 C.F.R. §§ 60.710 to 

60.718, inclusive, (J"ffiy 1, ;woe July 1, 2009). 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

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

13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:31. Standards of performance for graphic arts industry -- Publication 

rotogravure printing. The standards of performance for publication rotogravure printing in the 

graphic arts industry are those in 40 C.F.R. §§ 60.430 to 60.435, inclusive, (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, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:32. 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, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:33. Standards of performance for calciners and dryers in mineral 

industries. The standards of performance for calciners and dryers in mineral industries are those 

in 40 C.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. 

General Authority: 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 either in megagrams or cubic 

meters. Density conversions must be documented and submitted with the report; and 

(3) The landfill has a nonmethane organic compound emission rate of 50 megagrams a year 

or more. The calculation of the landfill nonmethane organic compound emission rate must meet 

the requirements of 40 C.F.R. § 60.754 (Jl:Hy 1, 2006 July I, 2009), to determine the landfill 

nonmethane organic compound emission rate . 

• 

105 
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; • 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

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

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:36. Collection system. The department shall approve the collection and control 

system plan if it is equivalent to or meets the conditions provided in 40 C.F.R. § 60. 752(b )(2)(ii) 

(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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:37. Control system. The department shall approve the control system if it is 

equivalent to or meets one of the following requirements: 

(1) An open flare designed and operated in accordance with the parameters established in 

40 C.F.R. § 60.18 (Jffiy 1, 2006 July 1, 2009); • 

106 
• 

• 

• 

(2) A control system designed and operated to reduce nonmethane organic compounds by 

98 percent by weight; or 

(3) An enclosed combustor designed and operated to either reduce nonmethane organic 

compounds by 98 percent by weight or the outlet nonmethane organic compound concentration 

to 20 parts per million as hexane by volume, dry basis at three percent oxygen, or less. 

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

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

effective June 13, 2006; 33 SDR 217, effective June 13, 2007 . 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:39. Existing municipal solid waste landfill operational standards for 

collection and control systems. The owner or operator of an existing municipal solid waste 

landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for 

collection and control systems in 40 C.F.R. § 60.753 (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. 

107 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the compliance provisions in 40 C.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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the monitoring provisions in 40 C.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 of an existing municipal solid waste landfill that meets the requirements 

of§ 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.F.R. 

§§ 60.757 and 60.758 (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 rate report within 90 days of the effective date of EPA's approval of the 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). 

109 
Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

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

effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 

74:36:07:43. 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, or modification for purposes of this 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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. 

Ill 
74:36:07:46.01. Standards of performance for petroleum refmeries for which 

construction, reconstruction, or modification commenced after May 14, 2007. The standards 

of performance for petroleum refineries for which construction, reconstruction, or modification 

commenced after May 14, 2007, are those in 40 C.P.R.§ 60, Subpart Ja, (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:47. Standards of performance 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 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:48. Standards of performance for secondary brass and bronze production 

plants. The standards of performance for secondary brass and bronze production plants are those 

in 40 C.P.R. §§ 60.130 to 60.133, inclusive, (fuly I, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

112 

• 

• 

• 
• 

• 

• 

Law Implemented: 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 of performance for basic oxygen process steelmaking facilities are those in 40 

C.P.R.§§ 60.140a to 60.145a, inclusive, (July l, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:51. Standards of performance 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). 

113 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: 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 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-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 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

114 

• 

• 

• 
• 

• 

• 

74:36:07:54. Standards of performance 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:56. Standards of performance for superphosphoric acid plant. 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, effective June 13, 2007. 

General Authority: SDCL 34A-l-6 . 

Law Implemented: SDCL 34A-1-18. 

115 
74:36:07:57. Standards of performance for diammonium phosphate plant. The 

standards of performance 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:58. Standards of performance for triple superphosphate plant. The 

standards of performance 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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:59. Standards of performance for granular triple superphosphate storage 

facility. The standards of performance 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 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

116 

• 

• 

• 
• Law Implemented: SDCL 34A-1-18. 

74:36:07:60. Standards of performance 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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 of performance for 

electric arc furnaces and argon-oxygen decarburization vessels are those in 40 C.P.R. §§ 60.270a 

• 

to 60.276a, inclusive, (J1:1ly 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:62. 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, 

2006 July 1, 2009) . 

117 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:63. Standards of performance 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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:64. Standards of performance for surface coating of metal furniture. The 

standards of performance for surface coating of metal furniture are those in 40 C.P.R.§§ 60.310 

to 60.316, 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-l-18. 

74:36:07:65. Standards of performance for lead-acid battery manufacturing plant. 

The standards of performance 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 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:66. Standards of performance for automobile and light duty truck surface 

coating operations. The standards of performance 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 SDR 217, 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 of performance for ammonium sulfate manufacture are those in 40 C.F.R. §§ 60.420 to 

60.424, inclusive, (July 1, 2006 July l, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:69. Standards of performance for industrial surface coating -- Large 

appliances. The standards of performance for industrial surface coating of large appliances are 

those in 40 C.F.R. §§ 60.450 to 60.456, 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-l-18. 

74:36:07:70. Standards of performance 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 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-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 in 40 C.P.R. §§ 60.470 to 60.474, inclusive, (Jtdy 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:72. Standards of performance for beverage can surface coating industry. 

The standards of performance 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The 

standards of performance for rubber tire manufacturing industry are those in 40 C.P.R. §§ 60.540 

to 60.548, inclusive, (J1:1ly 1, 2006 July 1, 2009). 

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

General Authority: 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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and • 

printing. The standards of performance for flexible vinyl and urethane coating and printing are 

those in 40 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: SDCL 34A-1-18. 

74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum 

refmeries. The standards of performance for equipment leaks in petroleum refineries are those in 

40 C.F.R. §§ 60.590 to 60.593, inclusive, (J1:1ly 1, 2006 July 1, 2009). 

122 

• 
• 

• 

• 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum 

refmeries. The standards of performance 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: 

General Authority: SDCL 34A-l-6 . 

Law Implemented: 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, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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 of performance 

123 
for synthetic organic chemical manufacturing industry air oxidation unit processes are those in 40 • 

C.F.R. §§ 60.610 to 60.618, inclusive, (JHly 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:79. Standards of performance for equipment leaks of VOC from onshore 

natural gas processing plant. The standards of performance 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, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

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

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

60.648, inclusive, (JHly 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

124 

• 

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

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

those in 40 C.F.R. §§ 60.680 to 60.685, inclusive, (Ja-ly 1, 2909 July 1, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

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

• 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

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

inclusive, (July 1, 2009 July 1, 2009) . 

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

125 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

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

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

facilities are those in 40 C.P.R. §§ 60.740 to 60.748, inclusive, (July 1, 2006 July I, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

• 

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

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

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

municipal waste combustion units are those in 40 C.P.R. § 60, Subpart AAAA (July 1, 2006 July 

l, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 

• incineration units are those in 40 C.F.R. § 60, Subpart EEEE (Jttly 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

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

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

combustion engines are those in 40 C.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 

• 

127 
the source is subject to this subpart. Exempted sources must still meet the applicable • 

requirements in 40 C.P.R. § 60 Subpart IIII (July 1, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

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

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

60.4420, inclusive, (J1:1ly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, 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 of performance 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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

CHAPTER 74:36:08 

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

Section 

74:36:08:00 

74:36:08:01 

74:36:08:02 

Administrator defined. 

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

Emission standards for asbestos air pollutants. 

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

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

74:36:08:02.03 Emission standards for benzene emissions from benzene transfer 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 Clean Air Act sections l12(g) and 112G). 

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

129 
74:36:08:05 

74:36:08:06 

74:36:08:07 

74:36:08:08 

74:36:08:09 

74:36:08:10 

74:36:08:11 

74:36:08:12 

74:36:08:13 

74:36:08:14 

74:36:08:15 

74:36:08:16 

74:36:08:17 

74:36:08:18 

74:36:08:19 

National emission standards for organic hazardous atr pollutants from the 

synthetic organic chemical manufacturing industry. 

National emission standards for organic hazardous air pollutants from synthetic 

organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater. 

National emission standards for organic hazardous air pollutants for equipment 

leaks. 

National emission standards for organic hazardous air pollutants for certain 

processes subject to negotiated regulations for equipment leaks. 

National emission standards for chromium emissions from hard and decorative 

chromium electroplating and chromium anodizing tanks. 

National emission standards for ethylene oxide emissions from sterilization 

facilities. 

National emission standards for industrial process cooling towers. 

National emission standards for gasoline distribution facilities (bulk gasoline 

terminals and pipeline breakout stations). 

National emission standards for halogenated solvent cleaning. 

National emission standards for wood furniture manufacturing operations. 

National emission standards for aerospace manufacturing. 

National emission standards for tanks. 

National emission standards for containers. 

National emission standards for surface impoundments. 

National emission standards for individual drain systems. 

130 

• 

• 

• 
• 

• 

• 

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 routing to a fuel gas system or a process. 

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

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 

cement manufacturing industry. 

National emission standards for hazardous air pollutants for pesticide active 

ingredient production. 

National emission standards for the printing and publishing industry. 

National emission standards for oil and natural gas production facilities. 

National emission standards for natural gas transmission and storage facilities. 

National emission standards for secondary aluminum production. 

National emission standards for publicly owned treatment works. 

National emission standards for solvent extraction for vegetable oil production. 

National emission standards for paper and other web coating. 

National emission standards for municipal solid waste landfills. 

National emission standards for surface coating of metal furniture. 

National emission standards for integrated iron and steel manufacturing 

National emission standards for brick and structural clay products 

131 
74:36:08:34 

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 of miscellaneous metal parts and 

products. 

National emission standards for reinforced plastic composites production. 

National emission standards for stationary combustion turbines. 

National emission standards for stationary reciprocating internal combustion 

engmes. 

National emission standards for industrial, commercial, and institutional boilers 

and process heaters. 

National emission standards for polyvinyl chloride and copolymers production. 

National emission standards for coke oven batteries. 

National emission standards for pulp and paper industry. 

National emission standards for group I polymers and resins. 

National emission standards for epoxy resins production and non-nylon 

polyamides production. 

National emission standards for secondary lead smelting. 

National emission standards for phosphoric acid manufacturing plants. 

National emission standards for phosphate fertilizers production plants. 

National emission standards for petroleum refineries. 

132 

• 

• 

• 
• 

• 

• 

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 recovery operations. 

National emission standards for magnetic tape manufacturing operations. 

National emission standards for primary aluminum reduction plants. 

National emission standards for chemical recovery combustion sources at kraft, 

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

National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations. 

Generic maximum achievable control technology standards. 

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

hydrochloric acid regeneration plants. 

National emission standards for mineral wool production. 

National emission standards for hazardous waste combustors. 

National emission standards for pharmaceutical production. 

National emission standards for group IV polymers and resins. 

National emission standards for wool fiberglass production. 

National emission standards for manufacture of amino/phenolic resins. 

National emission standards for polyether polyols production. 

National emission standards for primary copper smelting. 

National emission standards for primary lead smelting. 

National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units. 

National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese. 

133 
74:36:08:69 

74:36:08:70 

74:36:08:71 

74:36:08:72 

74:36:08:73 

74:36:08:74 

74:36:08:75 

74:36:08:76 

74:36:08:77 

74:36:08:78 

74:36:08:79 

74:36:08:80 

74:36:08:81 

74:36:08:82 

74:36:08:83 

74:36:08:84 

74:36:08:85 

74:36:08:86 

74:36:08:87 

74:36:08:88 

National emission standards for the manufacture of nutritional yeast. 

National emission standards for plywood and composite wood products. 

National emission standards for non-gasoline organic liquids distribution. 

National emission standards for miscellaneous organic chemical manufacturing. 

National emission standards for wet-formed fiberglass mat production. 

National emission standards for surface coating of automobiles and light duty 

trucks. 

National emission standards for surface coating of metal cans. 

National emission standards for surface coating oflarge appliances. 

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

other textiles. 

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

National emission standards for surface coating of wood building products. 

National emission standards for surface coating of metal coil. 

National emission standards for leather finishing operations. 

National emission standards for cellulose products manufacturing. 

National emission standards for boat manufacturing. 

National emission standards for rubber tire manufacturing. 

National emission standards for lime manufacturing plants. 

National emission standards for semiconductor manufacturing. 

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

stacks. 

National emission standards for iron and steel foundries. 

134 

• 

• 

• 
• 

• 

• 

National emission standards for site remediation. 

National emission standards for miscellaneous coating manufacturing. 

National emission standards for mercury cell chlor-alkali plants. 

National emission standards for clay ceramics manufacturing. 

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 acid production. 

National emission standards for friction materials manufacturing facilities. 

National emission standards for taconite iron ore processing. 

National emission standards for refractory products manufacturing. 

National emission standards for primary magnesium refining. 

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 primary copper smelting area sources. 

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

135 
74:36:08:107 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 carbon black production 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 acid battery manufacturing area sources . 

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

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

• 

• 

• 
• 

• 

• 

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

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

pollutants are those in 40 C.P.R.§§ 91.01 to 91.19, ieelasive, 61, Subpart A (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, 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-1-6, 34A-1-19 . 

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

for asbestos air pollutants are those in 40 C.P.R. § 61, Subpart M (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, effective December 2, 1991; transferred from§ 74:26:22:02, 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 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. 

137 
Law Implemented: SDCL 34A-1-6, 34A-1-19. 

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

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

§ 61.110 te 61.112, iReh,Jsive, 61, Subpart J (July 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

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

• 

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

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

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

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

Source: • 

138 
• 

• 

• 

General Authority: 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 of benzene are those in 40 C.F.R. § 61 

Subpart FF (July 1, 2009). 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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 Subpart A (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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 

Subpart B (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, 

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. 

74:36:08:04. 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 

applicable requirements in 40 C.F.R. § 63 Subpart M (July 1, 2009). 

140 

• 

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

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

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

13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

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

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

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

the synthetic organic chemical manufacturing industry. The national emission standards for 

• organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are 

those in 40 C.P.R. § 63, Subpart F (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, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

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

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

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

141 
operations, and wastewater. The national emission standards for organic hazardous air • 

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

transfer operations, and wastewater are those in 40 C.P.R. § 63, Subpart G (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, 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-1-6, 34A-1-19. 

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

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

equipment leaks are those in 40 C.F .R. § 63, Subpart H (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, 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-1-6, 34A-1-19. 

142 

• 

• 
• 

• 

• 

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 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-1-6, 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 seuree ffib!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 . 

143 
Exempted sources must still meet the applicable requirements in 40 C.P.R. § 63 Subpart N (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'omiam bath that iHeoffJorates a wettiHg ageHt as a bath iHgreaieHt are exerHfJt from the Part 70 

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. 

General Authority: SDCL 34A-1-6. 

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

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

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

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

facilities are those in 40 C.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 • 

144 
• 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 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 sources must still meet the applicable requirements in 40 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. 

145 
General Authority: SDCL 34A-1-6. 

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

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

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

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

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

effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

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

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

T (July 1, 2006 July 1, 2009). :!'.n area sourse that falls under these rectuirements is aot refjuired 

to sUbmit a Part 70 OfJerating fJermit afJfJlieation uatil Deeemeer 9, 2005. An area sourse must 

still meet the afJfllieable re€J:Uiremeats in 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 

meet the applicable requirements in 40 C.F.R. § 63, Subpart T (July 1, 2006 July 1, 2009). 

146 

• 

• 

• 
• 

• 

• 

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 in 40 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, 

2006 July I, 2009) . 

147 
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-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 in 40 C.F.R. §§ 63.900 to 63.907, iaelusivo, § 63 Subpart 00 (July 

1, 2006 July 1, 2009). The national emission standards for tanks --level2 are those in 40 C.F.R. 

§§ 63.1060 to 63.1066, iHelusive, 63, Subpart WW (J1:1ly 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. 

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 

• 

• 
• 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. 

General Authority: SDCL 34A-1-6. 

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

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

emission standards for surface impoundments are those in 40 C.P.R. §§ 63.940 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. 

General Authority: SDCL 34A-1-6. 

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

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

emission standards for individual drain systems are those in 40 C.P.R. §§ 63.960 to 63.966, 

inelusive, 63, Subpart RR (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 
General Authority: SDCL 34A-1-6. 

Law Implemented: 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 in 40 C.P.R. §§ 93.1040 to 93.1049, inclusive, 63, Subpart VV (July 1, 2009 

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. 

General Authority: SDCL 34A-1-6. 

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

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

recovery devices, and routing to a fuel gas system or a process. The national emission 

standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas 

system or a process are those in 40 C.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 January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

150 

• 

• 

• 
• 

• 

• 

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

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

emission standards for equipment leaks-- control level 1 are those in 40 C.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, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6 . 

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

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

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

cement manufacturing industry are those in 40 C.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, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

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

151 
74:36:08:22. National emission standards for hazardous air pollutants for pesticide 

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

production are those in 40 C.P.R.§ 63, Subpart MMM (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. 

General Authority: SDCL 34A-1-6. 

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

• 

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

The national emission standards for the printing and publishing industry are those in 40 C.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, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

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

facilities. The national emission standards for oil and natural gas production facilities are those 

152 

• 
• in 40 C.F.R. § 63, Subpart HH (Jwy 1, 2006 July l, 2009). A source that operates a unit subject 

to this subpart is exempt from the obligation to obtain a Part 70 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. § 63, Subpart HH (July l, 2009). 

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

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

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

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

those in 40 C.F.R. § 63, Subpart HHH (July 1, 2006 July l, 2009). 

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

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

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

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

• Subpart RRR (July 1, 2006 July 1, 2009). 

153 
Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: 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, 

Subpart VVV (July 1, 2006 July 1, 2009). 

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:28. National emission standards for solvent extraction for vegetable oil 

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

are those in 40 C.F.R. §§ 63.2830 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 SDR 209, effective June 13, 2006; 33 SDR 217, 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 other web coating are those in 40 C.F.R. §§ 93.3280 to 

93.3420, inelusive, 63, Subpart JJJJ (July 1, 2009 July 1, 2009). 

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: 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 in 40 C.F.R. §§ 93.1930 

to 93.1990, inelusivo, 63, Subpart AAAA (July 1, 2009 July 1, 2009). 

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

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

national emission standards for surface coating of metal furniture are those in 40 C.P.R . 

§§ 93.4880 to 93.4981, inelusive, 63, Subpart RRRR (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, effective June 13,2007. 

General Authority: 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, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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, effective June 13, 2007. 

156 

• 
• 

• 

• 

General Authority: SDCL 34A-1-6. 

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

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

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

manufacturing are those 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 

SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6 . 

Law Implemented: SDCL 34A-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 in 40 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 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

157 
74:36:08:36. National emission standards for engine test cells/stands. The national • 

emission standards for engine test cells/stands are those in 40 C.P.R. §§ 63.9280 to 63.9375, 

iaelusi';e, 63, Subpart PPPPP (July 1, 2006 July 1, 2009). 

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

SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

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

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

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

parts and products as published in 40 C.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 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 stationary combustion turbines are those in 40 C.F.R. §§ 93.9080 

te 93.9175, inch±sive, 63, Subpart YYYY-(Jlily 1, 2009 July 1, 2009). 

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

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-6, 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 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-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 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 

are those in 40 C.F.R. §§ 93.210 to 93.217, iaekisive, 63, Subpart J (Jlitly 1, 2006 July 1, 2009). • 

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

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

Law Implemented: SDCL 34A-1-18. 

74:36:08:43. 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, effective June 13,2007. 

General Authority: SDCL 34A-1-6. • 

160 
• Law Implemented: SDCL 34A-1-18. 

74:36:08:44. National emission standards for pulp and paper industry. The national 

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

~ July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

• national emission standards for group I polymers and resins are those in 40 C.F.R. § 63, Subpart 

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

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

polyamides production. The nationa,l emission standards for epoxy resins production and nonnylonpolyamides production are those in 40 C.F.R. § 63, Subpart W, (July 1, 2006 July l, 2009) . 

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

161 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

emission standards for secondary lead smelting are those in 40 C.P.R. §§ 63.541 to 63.551, 

iae1l:lsi're, 63, Subpart X (Jl:lly 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

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

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

§ 63, Subpart AA (Jl:lly 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

§ 63, Subpart BB (J1:1ly 1, 2006 July 1, 2009). 

162 

• 
• 

• 

• 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:50. National emission standards for petroleum ref'meries. The national 

emission standards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC (Jaly 1, 2006 

July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

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

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

§ 63, Subpart DD (Jaly 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. 

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

operations. The national emission standards for magnetic tape manufacturing operations are 

those in 40 C.F.R. § 63, Subpart EE (Jlfly 1, 2006 July 1, 2009). 

163 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

The national emission standards for primary aluminum reduction plants are those in 40 C.F.R. 

§ 63, Subpart LL (July 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 

semichemical pulp mills are those in 40 C.F.R. § 63, Subpart MM (J\ily 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

164 

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• 

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

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

exchange systems and waste operations are those in 40 C.P.R. § 63, Subpart XX (July 1, 200€1 

July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: 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. § § €13.11 00 to 63.1114, 

• inelasive, 63, Subpart YY (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. 

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, effective June 13, 2007. 

165 
General Authority: 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 SDR 217, 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 in 40 C.F.R. § 63, Subpart 

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

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:60. 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 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

Subpart JJJ (July 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

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

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

(July 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:63. 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). 

167 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

PPP (Ally 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:65. 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, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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, catalytic reforming, and sulfur recovery units at petroleum refineries are those 

• in 40 C.F.R. § 63, Subpart UUU (Jaly 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. 

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 
General Authority: SDCL 34A~l-6. 

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

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

The national emission standards for the manufacture of nutritional yeast are those in 40 C.P.R. 

§ 63, Subpart CCCC (July 1, 2006 July I, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: 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, Subpart DDDD (July 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

distribution. The national emission standards for non-gasoline organic liquids distribution are 

those in 40 C.P.R.§ 63, Subpart EEEE (July 1, 2006 July I, 2009). 

170 

• 
• 

• 

• 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

manufacturing. The national emission standards for miscellaneous organic chemical 

manufacturing are those in 40 C.P.R. § 63, Subpart PPPP (JHly 1, 2006 July I, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: 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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

duty trucks are those in 40 C.F.R. § 63, Subpart IIII (July 1, 2006 July l, 2009). 

171 
Source: 33 SDR 217, 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 of metal cans are those in 40 C.F.R. § 63, Subpart 

KKKK (JHly 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. 

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

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

Subpart NNNN (JHly I, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 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 of fabrics 

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

and other textiles are those in 40 C.F.R. § 63, Subpart 0000 (JH!y 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

those in 40 C.F.R. § 63, Subpart PPPP (JHly 1, 2006 July 1, 2009) . 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

those in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6 . 

Law Implemented: 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 of metal coil are those in 40 C.F.R. § 63, Subpart 

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

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:81. 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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

Subpart UUUU (July 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

174 

• 

• 

• 
• Law Implemented: SDCL 34A-1-18. 

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

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

~ July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

• 

(Jaly 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

(July 1, 2006 July 1, 2009) . 

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

175 
General Authority: SDCL 34A-l-6. 

Law Implemented: 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, 

Subpart BBBBB (Jaly I, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

• 

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

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

Subpart CCCCC (July 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

1, 2006 July 1, 2009). 

176 

• 
• 

• 

• 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

standards for site remediation are those in 40 C.P.R. § 63, Subpart GGGGG (July 1, 2006 July I, 

2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18 . 

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

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

§ 63, Subpart HHHHH (July 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:91. 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

KK.KKK (Jtdy 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:93. 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 in 40 C.P.R. § 63, Subpart 

NNNNN (My 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

in40 C.P.R.§ 63, SubpartQQQQQ (My 1, 2006 July 1, 2009) . 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

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

emission standards for taconite iron ore processing 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. 

General Authority: SDCL 34A-l-6 . 

Law Implemented: 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, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

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

Source: 33 SDR 217, 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 in 40 C.F.R. § 63, Subpart DDDDDD (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 meet the applicable requirements in 40 C.F.R. § 63, Subpart DDDDDD (July 1, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

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

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

§ 63, Subpart EEEEEE (July 1, 2006 July 1, 2009) . 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

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

sources. The national emission standards for secondary copper smelting area sources are those in 

40 C.P.R.§ 63, Subpart PFPPPP (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 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 those in 40 C.F.R. § 63, Subpart GGGGGG (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. 

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, 

Subpart WWWWW (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 

WWWWW (July 1, 2009). 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-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 in 40 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 meet the applicable requirements in 40 C.P.R. § 63, Subpart 

ZZZZZ (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

bulk terminals, bulk plants, 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 meet the applicable requirements in 40 C.F.R. § 63, Subpart BBBBBB (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 • 

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 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 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 HHHHHH (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18 . 

• 

185 
74:36:08:110. National emission standards for carbon black production area sources. • 

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

§ 63, Subpart MMMMMM (July I, 2009). 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-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 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 NNNNNN (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 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 000000 (July l, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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, 

187 
Subpart 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 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 RRRRRR (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 

applicable requirements in 40 C.P.R.§ 63, Subpart TTTTTT (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 source that operates a unit subject to this subpart is 

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, 

Subpart WWWWWW (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, Subpart XXXXXX (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, 

Subpart YYYYYY (July 1, 2009). 

Source: 

General Authority: SDCL 34A-I-6. 

Law Implemented: 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 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 ZZZZZZ (July 1, 2009). 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18 . 

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CHAPTER 74:36:09 

PREVENTION OF SIGNIFICANT DETERIORATION 

Section 

74:36:09:01 Applicability. 

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

74:36:09:02 Prevention of significant deterioration. 

74:36:09:03 Public participation. 

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, 

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

40 C.F.R. § 52.21 (July 1, 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 of this section, all terms defined in this section have the meaning 

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

the following exceptions: 

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

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

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

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

(c) In 40 C.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 of EPA; 

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

(3) For the purposes of this section, in 40 C.P.R. § 52.2l(c), the Class I areas in South 

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

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

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

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

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

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

Clean Unit"; 

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

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

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

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

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

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

(7) For the purposes of this section, 40 C.F.R. § 52.21(v)(1) is incorporated by reference 

excluding the phrase, "under 40 CFR 124.1 0"; and 

(8) For the purposes of this section, 40 C.F.R. § 52.21(w)(1) is incorporated by reference • 

excluding the phrase, "expires under paragraph (s) of this section or". 

The secretary shall transmit to the administrator of the EPA a copy of each permit 

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

significant action the secretary takes on the application. 

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. 

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

Law Implemented: SDCL 34A-l-18. • 

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

participation procedures are those in 40 C.P.R.§ 51.166(q) (July 1, 2005 July 1, 2009), excluding 

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

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

authority" means the secretary; 

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

period" means 60 days; 

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

"administrator" means the administrator of EPA; 

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

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

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

may submit comments or contest the draft permit within 30 days after the publication of the 

notice. The statement shall also describe the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09; 

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

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

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

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

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

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

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

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

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

article 74:09 within 30 days of receiving the secretary's final determination. If no person 

comments on a draft permit, requests changes, or contests the draft permit during the public • 

notice period, the draft permit automatically becomes the secretary's final determination and is 

issued at the end ofthe public notice period. 

Source: 33 SDR 43, effective September 18, 2006. 

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

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:10 

NEW SOURCE REVIEW 

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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 source review preconstruction permit required. 

Repealed. 

New source review preconstruction permit. 

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

Determining credit for emission offsets. 

Projected actual emissions. 

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

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

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

review are those in 40 C.P.R.§ 51.165(a)(1) (July 1, 2003 July 1, 2009). 

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

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

197 
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 • 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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

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

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

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

violation of any national ambient air quality standard; or 

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

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

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

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

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

1, 2003 July 1, 2009). 

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

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

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

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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 of basis, 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 

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

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

to the facility; 

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

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

reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or 

in part elsewhere in the state are in compliance with all applicable emission limitations and 

standards; and 

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

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

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

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

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