Permit #: 28.0801-43 

 Effective Date: April 7, 2015 

 Expiration Date: April 7, 2020 

SOUTH DAKOTA DEPARTMENT OF 

ENVIRONMENT AND NATURAL RESOURCES 

TITLE V AIR QUALITY OPERATING PERMIT 

Steven M. Pirner, P.E., Secretary 

Department of Environment and Natural Resources
 

 

Under the South Dakota Air Pollution 

Control Regulations 

Pursuant to Chapter 34A-1-21 of the South Dakota Codified Laws and the Air Pollution Control 

Regulations of the State of South Dakota and in reliance on statements made by the owner 

designated below, a permit to operate is hereby issued by the Secretary of the Department of 

Environment and Natural Resources. This permit authorizes such owner to operate the unit(s) at 

the location designated below and under the listed conditions: 

A. Owner 

1. Company Name and Address 

Madison Generation Plant 

 116 West Center 

PO Box 308 

Madison, South Dakota 57042 

2. Actual Source Location and Mailing Address if Different from Above 

909 SE 10th Street 

Madison, SD 57042 

3. Permit Contact 

Dennis Poppen, Electrical Superintendent 

 (605) 256-7521 

 4. Facility Contact 

 Same as Above 

 5. Responsible Official 

 Same as Above 

B. Permit Revisions or Modifications 

 Not Applicable 

 

C. Type of Operation 

Madison Generation Plant operates five diesel engines and an 

underground distillate oil storage tank; the diesel engines provide the city 

of Madison with power during times of peak demand or when the normal 

flow of power is disrupted. 
TABLE OF CONTENTS 

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1.0 Standard Conditions ...................................................................................... 1

1.1 Operation of source................................................................................................1

1.2 Duty to comply .......................................................................................................1

1.3 Property rights or exclusive privileges .................................................................1

1.4 Penalty for violating a permit condition ..............................................................2

1.5 Inspection and entry ..............................................................................................2

1.6 Severability .............................................................................................................2

1.7 Permit termination, modification, or revocation ................................................2

1.8 Credible evidence ...................................................................................................2

2.0 Permit Fees ..................................................................................................... 3

2.1 Annual air fee required .........................................................................................3

2.2 Annual operational report ....................................................................................3

2.3 Annual air fee .........................................................................................................3

3.0 Permit Amendments and Modifications ...................................................... 3

3.1 Permit flexibility.....................................................................................................3

3.2 Administrative permit amendment ......................................................................4

3.3 Minor permit amendment .....................................................................................4

3.4 Permit modification ...............................................................................................5

3.5 Permit revision .......................................................................................................5

3.6 Testing new fuels or raw materials .......................................................................5

3.7 Fuel modification ...................................................................................................6

4.0 Permit Renewal .............................................................................................. 6

4.1 Permit effective .......................................................................................................6

4.2 Permit renewal .......................................................................................................6

4.3 Permit expiration ...................................................................................................7

5.0 Recordkeeping and Reporting ...................................................................... 7

5.1 Recordkeeping and reporting ...............................................................................7

5.2 Signatory requirements .........................................................................................7

5.3 Certification statement ..........................................................................................7

5.4 Monitoring log ........................................................................................................8

5.5 Monthly records .....................................................................................................8

5.6 Annual records .......................................................................................................9

5.7 Semiannual report .................................................................................................9

5.8 Annual compliance certification ...........................................................................9

5.9 Reporting permit violations ..................................................................................9

6.0 Control of Regulated Air Pollutants .......................................................... 10

6.1 Visibility limit .......................................................................................................10

6.2 Visibility exceedances ..........................................................................................10
TABLE OF CONTENTS 

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6.3 Total suspended particulate matter limits .........................................................10

6.4 Sulfur dioxide limits .............................................................................................11

6.5 Air emission exceedances – emergency conditions ...........................................11

6.6 Circumvention not allowed .................................................................................11

6.7 Minimizing emissions...........................................................................................11

7.0 Prevention of Significant Deterioration Permit Exemption .................... 12

7.1 Prevention of Significant Deterioration permit exemption ..............................12

7.2 Fuel sulfur content limit ......................................................................................12

7.3 Plant wide nitrogen oxide limit ...........................................................................12

7.4 Hourly limit for diesel engines ............................................................................12

8.0 Performance Tests ....................................................................................... 13

8.1 Performance test may be required .....................................................................13

8.2 Test methods and procedures .............................................................................13

8.3 Representative performance test ........................................................................13

8.4 Submittal of test plan ...........................................................................................13

8.5 Notification of test ................................................................................................13

8.6 Performance test report ......................................................................................13

9.0 Monitoring .................................................................................................... 14

9.1 Periodic opacity monitoring for units operating on a monthly or more 

frequent basis .......................................................................................................14

9.2 Monitoring opacity limits for units operating periodically ..............................15

9.3 Certified personnel – visible emission tests .......................................................16

9.4 Monitoring sulfur content of distillate oil ..........................................................16

10.0 MACT Requirements – Nonemergency Engine ....................................... 17

10.1 Date to comply with nonemergency emission limits .........................................17

10.2 Emission limit for nonemergency engine ...........................................................17

10.3 Operating limits for nonemergency engines ......................................................17

10.4 Fuel requirements for nonemergency engines ..................................................17

10.5 General requirements for nonemergency engines ............................................18

10.6 Initial compliance demonstration for nonemergency engines .........................18

10.7 Initial performance test for nonemergency engines may not be required ......20

10.8 Subsequent performance test schedule for nonemergency engines ................20

10.9 Performance test procedures for nonemergency engines .................................20

10.10 Requirements for a continuous emission monitoring system ..........................24

10.11 Requirements for a continuous parameter monitoring system .......................25

10.12 Installation of open or closed crankcase system ...............................................27

10.13 Minimizing engine time during startup .............................................................27

10.14 Monitoring and collecting data ...........................................................................27

10.15 Demonstrating continuous compliance ..............................................................27

10.16 Reporting deviations ............................................................................................29
TABLE OF CONTENTS 

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10.17 Performance test notifications ............................................................................29

10.18 Notification of compliance status ........................................................................29

10.19 Semiannual compliance report ...........................................................................30

10.20 Recordkeeping for nonemergency engines ........................................................31

10.21 Circumvention not allowed .................................................................................33

10.22 Installation and operation of a non-resettable hour meter ..............................33
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1.0 Standard Conditions 

1.1 Operation of source 

In accordance with Administrative Rules of South Dakota (ARSD) 74:36:05:16.01(8), the owner or 

operator shall operate the units, controls, and processes as described in Table 1-1 in accordance 

with the statements, representations, and supporting data contained in the complete permit 

application received September 12, 2014, unless modified by the conditions of this permit. Except 

as otherwise provided herein, the control equipment shall be operated at all times in accordance 

with the manufacturer’s specification and in a manner that achieves compliance with the conditions 

of this permit. The application consists of the application forms, supporting data, and 

supplementary correspondence. If the owner or operator becomes aware it failed to submit any 

relevant facts in a permit application or submitted incorrect information in an application, such 

information shall be promptly submitted. 

Table 1-1 – Description of Permitted Units, Operations, and Processes

Maximum Control 

Unit Description Operating Rate Device 

#1 Engine #1 – 2004 Caterpillar diesel engine, Model 

no. 3516B DI TA, fueled with distillate oil. 2,000 kilowatts Catalytic Converter

#2 Engine #2 – 2004 Caterpillar diesel engine, Model 

no. 3516B DI TA, fueled with distillate oil. 2,000 kilowatts Catalytic 

Converter

#3 Engine #3 – 2004 Caterpillar diesel engine, Model 

no. 3516B DI TA, fueled with distillate oil. 2,000 kilowatts Catalytic 

Converter

#4 Engine #4 – 2004 Caterpillar diesel engine, Model 

no. 3516B DI TA, fueled with distillate oil. 2,000 kilowatts Catalytic 

Converter

#5 Engine #5 – 2004 Caterpillar diesel engine, Model 

no. 3516B DI TA, fueled with distillate oil. 2,000 kilowatts Catalytic 

Converter

1.2 Duty to comply 

In accordance with ARSD 74:36:05:16.01(12), the owner or operator shall comply with the 

conditions of this permit. An owner or operator who knowingly makes a false statement in any 

record or report or who falsifies, tampers with, or renders inaccurate, any monitoring device or 

method is in violation of this permit. A violation of any condition in this permit is grounds for 

enforcement, reopening this permit, permit termination, or denial of a permit renewal 

application. The owner or operator, in an enforcement action, cannot use the defense that it 

would have been necessary to cease or reduce the permitted activity to maintain compliance. 

The owner or operator shall provide any information requested by the Secretary to determine 

compliance or whether cause exists for reopening or terminating this permit. 

1.3 Property rights or exclusive privileges 

In accordance with ARSD 74:36:05:16.01(12), the State’s issuance of this permit, adoption of 

design criteria, and approval of plans and specifications does not convey any property rights of 

any sort, any exclusive privileges, any authorization to damage, injure or use any private 
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property, any authority to invade personal rights, any authority to violate federal, state or local 

laws or regulations, or any taking, condemnation or use of eminent domain against any property 

owned by third parties. The State does not warrant the owner’s or operator’s compliance with 

this permit, design criteria, approved plans and specifications, and operation under this permit, 

will not cause damage, injury or use of private property, an invasion of personal rights, or 

violation of federal, state or local laws or regulations. The owner or operator is solely and 

severally liable for all damage, injury or use of private property, invasion of personal rights, 

infringement of federal, state or local laws and regulations, or taking or condemnation of 

property owned by third parties, which may result from actions taken under the permit.

1.4 Penalty for violating a permit condition 

In accordance with South Dakota Codified Laws (SDCL) 34A-1-39 and 34A-1-47, a violation of 

a permit condition may subject the owner or operator to civil or criminal prosecution, a state 

penalty of not more than $10,000 per day per violation, injunctive action, administrative permit 

action, and other remedies as provided by law. 

1.5 Inspection and entry 

In accordance with SDCL 34A-1-41, the owner or operator shall allow the Secretary, upon 

presentation of credentials, to: 

1. Enter the premises where a regulated activity is located or where pertinent records are 

stored; 

2. Have access to and copy any records required under this permit; 

3. Inspect operations regulated under this permit; and/or 

4. Sample or monitor any substances or parameters for the purpose of assuring compliance. 

1.6 Severability 

In accordance with ARSD 74:36:05:16.01(11), any portion of this permit that is void or 

challenged shall not affect the validity of the remaining permit requirements. 

1.7 Permit termination, modification, or revocation 

In accordance with ARSD 74:36:05:46, the Secretary may recommend the Board of Minerals 

and Environment terminate, modify, or revoke this permit for violations of SDCL 34A-1 or the 

federal Clean Air Act or for nonpayment of any outstanding fee or enforcement penalty. 

1.8 Credible evidence 

In accordance with ARSD 74:36:13:07, credible evidence may be used for the purpose of 

establishing whether the owner or operator has violated or is in violation of this permit. Credible 

evidence may consist of the following: 

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

whether a violation has occurred: 

a. A monitoring method approved pursuant to 40 CFR § 70.6(a)(3) and incorporated 

in this permit; or 

b. Compliance methods specified in an applicable plan; 
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2. The following testing, monitoring, or information gathering methods are presumptively 

credible testing, monitoring, or information-gathering methods: 

a. Any monitoring or testing methods approved in this permit, including those in 40 

CFR Parts 51, 60, 61, and 75; or 

b. Other testing, monitoring, or information-gathering methods that produce 

information comparable to that produced by any method in paragraph (1) or 

(2)(a). 

2.0 Permit Fees 

2.1 Annual air fee required 

In accordance with ARSD 74:36:05:06.01, the owner or operator shall submit an annual 

administrative fee and an annual fee. The fee is based on actual emissions in accordance with 

ARSD 74:37. 

2.2 Annual operational report 

In accordance with ARSD 74:37:01:06, the Secretary will supply the owner or operator with an 

annual operational report in January of each year. The owner or operator shall complete and 

submit the operational report to the Secretary by March 1 of each year. The responsible official 

shall sign the operational report in the presence of a notary public. 

2.3 Annual air fee 

In accordance with ARSD 74:37:01:08, the Secretary will notify the owner or operator of the 

required annual air emission fee and administrative fee by June 1 of each year. The fees shall 

accrue on July 1 and are payable to the Department of Revenue by July 31 of each year. 

3.0 Permit Amendments and Modifications 

3.1 Permit flexibility 

In accordance with ARSD 74:36:05:30, the owner or operator shall have the flexibility to make 

changes to the source during the term of this permit. The owner or operator shall provide the 

Secretary written notice at least seven days in advance of the proposed change (NOTE: The 

Secretary will forward a copy of the written notice to EPA). The written notice shall include a 

brief description of the change, the date on which the change is to occur, any change in 

emissions, the proposed changes to the permit, and whether the requested revisions are for an 

administrative permit amendment, minor permit amendment, or permit modification. 

The Secretary will notify the owner or operator whether the change is an administrative permit 

amendment, a minor permit amendment, or a permit modification. A proposed change that is 

considered an administrative permit amendment or a minor permit amendment can be completed 

immediately after the Secretary receives the written notification. The owner or operator must 
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comply with both the applicable requirements governing the change and the proposed permit 

terms and conditions until the Secretary takes final action on the proposed change. 

A proposed change that is considered a modification cannot be implemented until the Secretary 

takes final action on the proposed change or the owner or operator was issued an air quality 

construction permit. Permit modifications are subject to the same procedural requirements, 

including public comment, as the original permit issuance except that the required review shall 

cover only the proposed changes. 

3.2 Administrative permit amendment 

In accordance with ARSD 74:36:05:33, the Secretary has 60 days from receipt of a written notice 

to verify the proposed change is an administrative permit amendment. As provided in ARSD 

74:36:01:03, the Secretary considers a proposed change an administrative permit amendment if 

the proposed change accomplishes one of the following: 

1. Corrects typographical errors; 

2. Changes the name, address, or phone number of any person identified in this permit or 

provides a similar minor administrative change; 

3. Requires more frequent monitoring or reporting; 

4. The ownership or operational control changes and the Secretary determines no other 

change in this permit is necessary. However, the new owner must submit a certification 

of applicant form and a written statement specifying the date for transfer of operating 

permit responsibility, coverage, and liability; or 

5. Any other changes the Secretary and the administrator of EPA determines to be similar to 

those requirements in this condition. 

3.3 Minor permit amendment 

In accordance with ARSD 74:36:05:38, the Secretary has 90 days from receipt of a written notice 

or 15 days after the end of EPA's 45-day review period, whichever is later, to take final action on 

a minor permit amendment. Final action consists of issuing or denying a minor permit 

amendment or determining the proposed change is a permit modification. As provided in ARSD 

74:36:05:35, the Secretary considers a proposed change to be a minor permit amendment if the 

proposed change: 

1. Does not violate any applicable requirements; 

2. Does not involve significant changes to existing monitoring, reporting, or recordkeeping 

requirements; 

3. Does not require or change a case-by-case determination of an emission limit or other 

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

visibility or increment analysis; or 

4. Does not seek to establish or change a permit term or condition for which the source has 

assumed to avoid an applicable requirement, a federally enforceable emission cap, or an 

alternative emission limit. An alternative emission limit is approved pursuant to 

regulations promulgated under section 112(i)(5) of the federal Clean Air Act. 
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3.4 Permit modification 

In accordance with ARSD 74:36:05:39, an owner or operator may apply for a permit 

modification. A permit modification is defined in ARSD 74:36:01:10 as a physical change in or 

change in the 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 the source or results 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 a modification under a provision of the Title I of the Clean Air Act, or an 

alternative emissions limit approved pursuant to regulations promulgated under section 

112(i)(5) of the Clean Air Act. 

Permit modifications are subject to the same procedural requirements, including public 

comment, as the original permit issuance except the required review shall cover only the 

proposed changes. 

3.5 Permit revision 

In accordance with ARSD 74:36:05:40, the Secretary may reopen and revise this permit to meet 

requirements of SDCL 34A-1 or the federal Clean Air Act. In accordance with ARSD 

74:36:05:41, the Secretary shall notify the owner or operator at least 30 days before reopening 

this permit. The 30-day period may be less in the case of an emergency. 

3.6 Testing new fuels or raw materials 

In accordance with ARSD 74:36:11:04, an owner or operator may request permission to test a 

new fuel or raw material to determine if it is compatible with existing equipment before 

requesting a permit amendment or modification. A complete test proposal shall consist of the 

following: 

1. A written proposal describing the new fuel or raw material, operating parameters, and 

parameters that will be monitored and any testing associated with air pollutant emissions 

during the test; 

2. An estimate of the type and amount of regulated air pollutant emissions resulting from 

the proposed change; and 

3. The proposed schedule for conducting the test. In most cases the owner or operator will 

be allowed to test for a maximum of one week. A request for a test period longer than one 

week will need additional justification. A test period shall not exceed 180 days. 
6 

 

 

The Secretary shall approve, conditionally approve, or deny in writing the test proposal within 45 

days after receiving a complete proposal. Approval conditions may include changing the test 

schedule or pollutant sampling and analysis methods. Pollutant sampling and analysis methods 

may include, but are not limited to performance testing, visible emission evaluation, fuel 

analysis, dispersion modeling, and monitoring of raw material or fuel rates. 

If the Secretary determines the proposed change will result in an increase in the emission of a 

regulated air pollutant or result in the emission of an additional regulated air pollutant, the 

Secretary shall give public notice of the proposed test for 30 days. The Secretary shall consider 

all comments received during the 30-day public comment period before making a final decision 

on the test.

The Secretary will not approve a test if the test would cause or contribute to a violation of a 

national ambient air quality standard. 

3.7 Fuel modification 

In accordance with ARSD 74:36:05:16.01(8), the owner or operator shall fuel Units #1, #2, #3, 

#4, and #5 with distillate oil. If the units are to be fueled with natural gas, propane, coal, residual 

oil, or wood, additional standards and requirements may apply. The owner or operator shall 

apply for and obtain approval from the Secretary before natural gas, propane, coal, residual oil or 

wood can be used as a fuel in Units #1, #2, #3, #4, or #5. 

Distillate oil means fuel oil that complies with the specifications for fuel oil numbers 1 or 2. 

Residual oil means crude oil or fuel oil that does not comply with the specifications under the 

definition of distillate oil, and all fuel oil numbers 4, 5, and 6. Specifications for fuel oils are 

defined in the American Society for Testing and Materials in ASTM D396-78, "Standard 

Specification for Fuel Oils". 

4.0 Permit Renewal 

4.1 Permit effective 

In accordance with ARSD 74:36:05:07, this permit shall expire five years from date of issuance 

unless reopened or terminated for cause. The current permit shall not expire and shall remain in 

effect until the Secretary takes final action on the renewal application. 

4.2 Permit renewal 

In accordance with ARSD 74:36:05:08, the owner or operator shall submit an application for a 

permit renewal at least 180 days before the date of permit expiration if the owner or operator 

wishes to continue to operate an activity regulated by this permit. The current permit shall not 

expire and shall remain in effect until the Secretary takes final action on the timely permit 

renewal application. 
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4.3 Permit expiration 

In accordance with ARSD 74:36:05:28, permit expiration terminates the owner’s or operator’s 

right to operate any unit covered by this permit. 

5.0 Recordkeeping and Reporting 

5.1 Recordkeeping and reporting 

In accordance with ARSD 74:36:05:16.01(9), the owner or operator shall maintain all monitoring 

data, records, reports, and pertinent information specified by this permit for five years from the 

date of sample, measurement, report, or application unless otherwise specified in this permit. 

The records shall be maintained on site for the first two years and may be maintained off site for 

the last three years. All records must be made available to the Secretary for inspection. All 

notifications and reports shall be submitted to the following address: 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501-3182 

5.2 Signatory requirements 

In accordance with ARSD 74:36:05:12 and 74:36:05:16.01, all applications, reports, or other 

information submitted to the Secretary shall be signed and certified by a responsible official or a 

duly authorized representative. A responsible official for a corporation is a responsible corporate 

officer and for a partnership or sole proprietorship is a general partner or the proprietor, 

respectively. A person is a duly authorized representative only if: 

1. The authorization is made in writing by a person described above and submitted to the 

Secretary; and 

2. The authorization specifies either an individual or a position having responsibility for the 

overall operation of the regulated facility, such as the position of plant manager, 

superintendent, position of equivalent responsibility, or an individual or position having 

overall responsibility for environmental matters. 

The duly authorized representative must be designated prior to or together with any reports or 

information to be signed by a duly authorized representative. The responsible official shall notify 

the Secretary if an authorization is no longer accurate. 

5.3 Certification statement 

In accordance with ARSD 74:36:05:16.01(14)(a), all documents required by this permit, 

including application forms, reports, and compliance certification, must be certified by a 

responsible official or a duly authorized representative. The certification shall include the 

following statement: 
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“I certify that, based on information and belief formed after reasonable inquiry, the 

statements and information in this document and all attachments are true, accurate, 

and complete.” 

5.4 Monitoring log 

In accordance with ARSD 74:36:05:16.01(9), the owner or operator shall maintain a monitoring 

log. The monitoring log shall contain the following information. 

1. Maintenance schedule for each piece of control equipment listed in Table 1-1. At a 

minimum, the maintenance schedule shall meet the manufacturer’s recommended 

schedule for maintenance. The following information shall be recorded for maintenance: 

a. Identify the unit; 

b. The date and time maintenance was performed; 

c. Description of the type of maintenance; 

d. Reason for performing maintenance; and 

e. Signature of person performing maintenance; 

2. The following information shall be recorded for each visible emission reading required in 

permit condition 8.1 and 8.2: 

a. Identify the unit and if it operates on a monthly, quarterly, semiannual, or annual 

basis; 

b. The date and time the visible emission reading was performed; 

c. If visible emissions were observed; 

d. Description of maintenance performed to eliminate visible emissions; 

e. Visible emission evaluation if visible emissions are not eliminated; and 

f. Signature of person performing visible emission reading and/or visible emission 

evaluation; and 

3. The following information shall be recorded within two days of each emergency 

exceedance: 

a. The date of the emergency exceedance and the date the emergency exceedance was 

reported to the Secretary; 

b. The cause(s) of the emergency; 

c. The reasonable steps taken to minimize the emissions during the emergency; and 

d. A statement the permitted equipment was at the time being properly operated. 

5.5 Monthly records 

In accordance with ARSD 74:36:05:16.01(9), the owner or operator shall calculate and 

record the following amounts each month: 

1. The total amount of distillate oil, in gallons, burned in Engine #1, #2, #3, #4, and #5 

during each month; and 

2. The total number of hours that Engine #1, #2, #3, #4, and #5 were operated during the 

month, and the 12-month rolling total. 

The 12-month rolling total for the number of hours operated shall be calculated every month 

using that month’s value and the previous 11 months’ values. 
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5.6 Annual records 

In accordance with ARSD 74:36:05:16.01(9), the owner or operator shall calculate and record 

the following amounts from January 1 to December 31 of each year: 

1. The total amount of distillate oil consumed in Units #1, #2, #3, #4, and #5, in gallons; and 

2. The number of hours Units #1, #2, #3, #4, and #5 were operated during the calendar year. 

The amount of distillate oil consumed shall be based on production records, consumption 

records, purchase records, etc. The records will be used in conjunction with the operational 

report required in permit condition 2.2. 

5.7 Semiannual report 

In accordance with ARSD 74:36:05:16.01(9), the owner or operator shall submit a semiannual 

report to the Secretary. The semiannual report shall contain the following information:

1. Name of facility, permit number, reference to this permit condition, identifying the 

submittal as a semiannual report, and calendar dates covered in the reporting period; 

2. The total amount of distillate oil, in gallons, burned in Engine #1, #2, #3, #4, and #5 

during each month in the reporting period; and 

3. The total number of hours Engine #1, #2, #3, #4, and #5 operated during each month and 

the 12-month rolling total for each month in the reporting period. 

The semiannual reports must be submitted to the Secretary within 30 days of the end of the 

semiannual period on a calendar year basis (i.e., July 30th and January 30th). 

5.8 Annual compliance certification 

In accordance with ARSD 74:36:05:16.01(14), the owner or operator shall submit an annual 

compliance certification letter to the Secretary by March 1 of each year this permit is in effect 

(NOTE: The Secretary will forward a copy of the certification letter to EPA). The certification 

shall contain the following information: 

1. Methods used to determine compliance, including: monitoring, recordkeeping, 

performance testing and reporting requirements; 

2. The source is in compliance and will continue to demonstrate compliance with all 

applicable requirements; 

3. In the event the source is in noncompliance, a compliance plan that indicates how the 

source has or will be brought into compliance; and 

4. Certification statement required in permit condition 5.3. 

5.9 Reporting permit violations 

In accordance with ARSD 74:36:05:16.01(9), the owner or operator shall report all permit 

violations. A permit violation should be reported as soon as possible, but no later than the first 

business day following the day the violation was discovered. The permit violation may be 
10 

 

 

reported by telephone to the South Dakota Department of Environment and Natural Resources at 

(605) 773-3151 or by FAX at (605) 773-4068. 

A written report shall be submitted within five days of discovering the permit violation. Upon 

prior approval from the Secretary, the submittal deadline for the written report may be extended 

up to 30 days. The written report shall contain: 

1. A description of the permit violation and its cause(s); 

2. The duration of the permit violation, including exact dates and times; and 

3. The steps taken or planned to reduce, eliminate, and prevent reoccurrence of the permit 

violation. 

6.0 Control of Regulated Air Pollutants 

6.1 Visibility limit 

In accordance with ARSD 74:36:12:01, the owner or operator may not discharge into the 

ambient air an air contaminant of a density equal to or greater than that designated as 20 percent 

opacity from any permitted unit, operation, or process listed in Table 1-1, unless otherwise 

specified in this permit. This provision does not apply when the presence of uncombined water is 

the only reason for failure to meet the requirement. 

6.2 Visibility exceedances 

In accordance with ARSD 74:36:12:02, an exceedance of the opacity limit in permit condition 

6.1 is not considered a violation during brief periods of soot blowing, start-up, shutdown, or 

malfunctions. Malfunction means any sudden and unavoidable failure of air pollution control 

equipment, process equipment, or a process to operate in a normal or usual manner. 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 is not a malfunction 

and is considered a violation. 

6.3 Total suspended particulate matter limits 

In accordance with ARSD 74:36:06:02(1), the owner or operator shall not allow the emission of 

total suspended particulate matter in excess of the emission limit specified in Table 6-1 for the 

appropriate permitted unit, operation, and process. 

Table 6-1 – Total Suspended Particulate Matter Emission Limit 

Unit Description Emission Limit 

#1 Engine #1 - 2004 Caterpillar diesel engine 0.6 pounds per million Btu heat input 

#2 Engine #2 - 2004 Caterpillar diesel engine 0.6 pounds per million Btu heat input 

#3 Engine #3 - 2004 Caterpillar diesel engine 0.6 pounds per million Btu heat input 

#4 Engine #4 - 2004 Caterpillar diesel engine 0.6 pounds per million Btu heat input 

#5 Engine #5 - 2004 Caterpillar diesel engine 0.6 pounds per million Btu heat input 
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6.4 Sulfur dioxide limits 

In accordance with ARSD 74:36:06:02(2), the owner or operator shall not allow the emission of 

sulfur dioxide in excess of the emission limit specified in Table 6-2 for the appropriate permitted 

unit, operations, and process. 

Table 6-2 – Sulfur Dioxide Emission Limit 

Unit Description Emission Limit 

#1 Engine #1 - 2004 Caterpillar diesel engine 3.0 pounds per million Btu heat input 

#2 Engine #2 - 2004 Caterpillar diesel engine 3.0 pounds per million Btu heat input 

#3 Engine #3 - 2004 Caterpillar diesel engine 3.0 pounds per million Btu heat input 

#4 Engine #4 - 2004 Caterpillar diesel engine 3.0 pounds per million Btu heat input 

#5 Engine #5 - 2004 Caterpillar diesel engine 3.0 pounds per million Btu heat input 

Compliance with the sulfur dioxide emission limit is based on a three-hour rolling average, 

which is the arithmetic average of three contiguous one-hour periods. 

6.5 Air emission exceedances – emergency conditions 

In accordance with ARSD 74:36:05:16.01(18), the Secretary will allow for an unavoidable 

emission exceedance of a technology-based emission limit if the exceedance is caused by an 

emergency condition and immediate action is taken by the owner or operator to restore the 

operations back to normal. An emergency condition is a situation arising from a sudden and 

reasonably unforeseeable event beyond the control of the owner or operator, including acts of 

God. An emergency shall not include an emission exceedance to the extent caused by 

improperly designed equipment, lack of preventive maintenance, careless or improper operation, 

or operator error. The owner or operator shall notify the Secretary within two working days of 

the incident and take all steps possible to eliminate the excess emissions. The notification must 

provide a description of the emergency, any steps taken to mitigate emissions, and corrective 

actions taken. If the notification is submitted orally, a written report summarizing the 

information required by the notification shall be submitted and postmarked within 30 days of the 

oral notification 

6.6 Circumvention not allowed 

In accordance with ARSD 74:36:08:03, as referenced to 40 CFR § 63.4(b), no owner or operator 

shall build, erect, install, or use any article, machine, equipment, or process to conceal an 

emission that would otherwise constitute noncompliance with a relevant standard. Such 

concealment includes, but is not limited to the use of diluents to achieve compliance with a 

relevant standard based on the concentration of a pollutant in the effluent discharged to the 

atmosphere. 

6.7 Minimizing emissions 

In accordance with ARSD 74:36:08:03, as referenced to 40 CFR § 63.6(e)(1)(i), the owner or 

operator shall at all times, including periods of startup, shutdown, and malfunction, operate and 
12 

 

 

maintain any permitted unit, including associated air pollution control equipment and monitoring 

equipment, in a manner consistent with safety and good air pollution control practices for 

minimizing emissions. During a period of startup, shutdown, or malfunction, this general duty to 

minimize emissions requires the owner or operator to reduce emissions from the permitted unit to 

the greatest extent which is consistent with safety and good air pollution control practices. The 

general duty to minimize emissions during a period of startup, shutdown, or malfunction does not 

require the owner or operator to achieve emission levels that would be required by the applicable 

standard at other times if this is not consistent with safety and good air pollution control practices, 

nor does it require the owner or operator to make any further efforts to reduce emissions if levels 

required by the applicable standard have been achieved. Determination of whether such operation 

and maintenance procedures are being used will be based on information available to the Secretary 

which may include, but is not limited to, monitoring results, review of operation and maintenance 

procedures (including a startup, shutdown, and malfunction plan, if required), review of operation 

and maintenance records, and inspection of the operation. 

7.0 Prevention of Significant Deterioration Permit Exemption 

7.1 Prevention of Significant Deterioration permit exemption 

In accordance with ARSD 74:36:05:16.01(8), the owner or operator is exempt from needing a

Prevention of Significant Deterioration permit. Any relaxation or exceedance of a permit 

condition that increases air emission greater than 250 tons per 12-month period is considered a 

modification and may require a Prevention of Significant Deterioration permit. 

7.2 Fuel sulfur content limit 

In accordance with ARSD 74:36:16:01, as referenced to 40 CFR § 72.7(a)(3), no owner or 

operator shall burn distillate oil in Units #1, #2, #3, #4, or #5 which contains sulfur in excess of 

0.05 percent by weight. 

7.3 Plant wide nitrogen oxide limit 

In accordance with ARSD 74:36:05:16.01(8), the owner or operator shall not emit into the ambient 

air greater than or equal to 237 tons of nitrogen oxide per 12-month rolling period. The 12-month 

rolling total shall be calculated every month using that month’s value and the previous 11 months’ 

values. 

7.4 Hourly limit for diesel engines 

In accordance with ARSD 74:36:05:16.01(8), the owner or operator shall not operate Engines #1, 

#2, #3, #4 and #5 for more than a combined 7,834 hours during any 12-month rolling period. The 

12-month rolling total shall be calculated every month using that month’s value and the previous 

11 months’ values. The initial startup of the facility shall be the first month of the 12-month rolling 

period.
13 

 

 

8.0 Performance Tests 

8.1 Performance test may be required 

In accordance with ARSD 74:36:11:02, the Secretary may request a performance test during the 

term of this permit. A performance test shall be conducted while operating the unit at or greater 

than 90 percent of its maximum design capacity, unless otherwise specified by the Secretary. A 

performance test conducted while operating less than 90 percent of its maximum design capacity 

will result in the operation being limited to the percent achieved during the performance test. 

The Secretary has the discretion to extend the deadline for completion of performance test 

required by the Secretary if circumstances reasonably warrant but will not extend the deadline 

past a federally required performance test deadline. 

8.2 Test methods and procedures 

In accordance with ARSD 74:36:11:01, the owner or operator shall conduct the performance test 

in accordance with 40 CFR Part 60, Appendix A, 40 CFR Part 63, Appendix A, and 40 CFR Part 

51, Appendix M. The Secretary may approve an alternative method if a performance test 

specified in 40 CFR Part 60, Appendix A, 40 CFR Part 63, Appendix A, and 40 CFR Part 51, 

Appendix M is not federally applicable or federally required. 

8.3 Representative performance test 

In accordance with ARSD 74:36:07:01, as referenced to 40 CFR § 60.8(c), performance tests shall 

be conducted under such conditions as the Secretary shall specify to the owner or operator based on 

the representative performance of the unit being tested. The owner or operator shall make available 

to the Secretary such records as may be necessary to determine the conditions of the performance 

tests. Operations during periods of startup, shutdown, and malfunction shall not constitute 

representative conditions for the purpose of a performance test nor shall emissions in excess of the 

level of the applicable emission limit during periods of startup, shutdown, and malfunction be 

considered a violation of the applicable emission limit unless otherwise specified in this permit. 

8.4 Submittal of test plan 

In accordance with ARSD 74:36:11:01, the owner or operator shall submit the proposed testing 

procedures to the Secretary at least 30 days prior to any performance test. The Secretary will 

notify the owner or operator if the proposed test procedures are approved or denied. If the 

proposed test procedures are denied, the Secretary will provide written notification outlining 

what needs to be completed for approval. 

8.5 Notification of test 

In accordance with ARSD 74:36:11:03, the owner or operator shall notify the Secretary at least 

10 days prior to the start of a performance test to arrange for an agreeable test date when the 

Secretary may observe the test. The Secretary may extend the deadline for the performance test 

in order to accommodate schedules in arranging an agreeable test date. 

8.6 Performance test report 

In accordance with ARSD 74:36:05:16.01(9), the owner or operator shall submit a performance 

test report to the Secretary within 60 days after completing the performance test or by a date 
14 

 

 

designated by the Secretary. The performance test report shall contain the following 

information: 

1. A brief description of the process and the air pollution control system being tested; 

2. Sampling location description(s); 

3. A description of sampling and analytical procedures and any modifications to standard 

procedures; 

4. Test results represented in the same terminology as the permit limits; 

5. Quality assurance procedures and results; 

6. Records of operating conditions during the test necessary for demonstrating compliance 

with the permit limits, preparation of standards, and calibration procedures; 

7. Raw data sheets for field sampling and field and laboratory analyses; 

8. Documentation of calculations; 

9. All data recorded and used to establish parameters for compliance monitoring; and 

10. Any other information required by the test method. 

9.0 Monitoring 

9.1 Periodic opacity monitoring for units operating on a monthly or more frequent basis 

In accordance with ARSD 74:36:05:16.01(9), the owner or operator shall demonstrate 

compliance with the opacity limits in Chapter 6.0 on a periodic basis for the units identified in 

the monthly log required in permit condition 5.4 that operate on a monthly or more frequent 

basis. Periodic monitoring for units that operate on a monthly or more frequent basis shall be 

based on the following steps: 

Step 1: Periodic monitoring shall consist of a visible emission reading. A visible emission 

reading shall consist of a visual survey of each unit over a two-minute period to identify if 

there are visible emissions. The visible emission reading must be conducted while the unit is 

in operation; but not during periods of startup, shutdown, or malfunctions. Visible emission 

readings shall be based on the following frequency: 

a. The owner or operator shall conduct a visible emission reading once per calendar 

month; 

b. If no visible emissions are observed from a unit in six consecutive monthly visible 

emission readings, the owner or operator may decrease the frequency of readings 

from monthly to semiannually for that unit; or 

c. If no visible emissions are observed from a unit in two consecutive semiannual 

visible emission readings, the owner or operator may decrease the frequency of 

testing of readings from semiannually to annually for that unit. 

Step 2: If visible emissions are observed from a unit at any time other than periods of startup, 

shutdown, or malfunction, periodic monitoring shall consist of a visible emission test to 

determine if the unit is in compliance with the opacity limit specified in Chapter 6.0. The 

visible emission test shall be for at least six minutes and conducted in accordance with 40 
15 

 

 

CFR Part 60, Appendix A, Method 9. The visible emission test must be conducted while the 

unit is in operation; but not during periods of startup, shutdown, or malfunctions. Visible 

emission tests shall be based on the following frequency: 

a. The visible emission test must be conducted within one hour of witnessing a visible 

emission from a unit; 

b. If the visible emission test required in Step 2(a) results in an opacity value less than or 

equal to 50 percent of the opacity limit for the unit, the owner or operator shall 

perform a visible emission test once per month; 

c. If the opacity value of a visible emission test in Step 2(b) is less than five percent for 

three straight monthly tests, the owner or operator may revert back to monthly visible 

emission readings as required in Step 1; 

d. If the visible emission test required in Step 2(a) results in an opacity value greater 

than 50 percent of the opacity limit but less than the opacity limit, the owner or 

operator shall perform a visible emission test once per week; or 

e. If the visible emission test in Step 2(d) results in an opacity value less than or equal to 

50 percent of the opacity limit for four straight weekly readings, the owner or 

operator may revert back to a monthly visible emission test as required in Step 2(b). 

The person conducting the visible emission reading does not have to be certified in accordance 

with 40 CFR Part 60, Appendix A, Method 9. The person conducting the visible emission test 

must be certified in accordance with 40 CFR Part 60, Appendix A, Method 9. If a visible emission 

test is required before a person is certified in accordance with permit condition 9.3, the owner or 

operator shall notify the Secretary within 24 hours of observing the visible emissions to schedule a 

visible emission test performed by a state inspector. 

9.2 Monitoring opacity limits for units operating periodically 

In accordance with ARSD 74:36:05:16.01(9), the owner or operator shall demonstrate 

compliance with the opacity limits in Chapter 6.0 for the units identified in the monthly log 

required in permit condition 5.4 that operate on a quarterly, semiannual, or annual basis. 

Periodic monitoring shall be based on the following steps: 

Step 1: For units that operate on a quarterly basis, monitoring shall consist of the following: 

a. Monitoring shall consist of a visible emission reading once per quarter. A visible 

emission reading shall consist of a visual survey of the unit over a two-minute period 

to identify if there are visible emissions. The visible emission reading must be 

conducted while the unit is in operation; but not during periods of startup, shutdown, 

or malfunctions; or 

b. If visible emissions are observed from a unit at any time other than periods of startup, 

shutdown, or malfunction, the owner or operator shall conduct a visible emission test 

on that unit to determine if the unit is in compliance with the opacity limit specified in 

Chapter 6.0. The visible emission test must be conducted within one hour of 

witnessing a visible emission from the unit. The visible emission test shall be for at 

least six minutes and conducted in accordance with 40 CFR Part 60, Appendix A, 
16 

 

 

Method 9. The visible emission test must be conducted while the unit is in operation; 

but not during periods of startup, shutdown, or malfunctions. 

Step 2: For units that operate on a semiannual or annual basis, monitoring shall consist of the 

following: 

a. Monitoring shall consist of a visible emission reading once per year. A visible 

emission reading shall consist of a visual survey of the unit over a two-minute period 

to identify if there are visible emissions. The visible emission reading must be 

conducted while the unit is in operation; but not during periods of startup, shutdown, 

or malfunctions; 

b. If visible emissions are observed from a unit at any time other than periods of startup, 

shutdown, or malfunction, the owner or operator shall conduct a visible emission test 

on that unit to determine if the unit is in compliance with the opacity limit specified in 

Chapter 6.0. The visible emission test must be conducted within one hour of 

witnessing a visible emission from the unit. The visible emission test shall be for at 

least six minutes and conducted in accordance with 40 CFR Part 60, Appendix A, 

Method 9. The visible emission test must be conducted while the unit is in operation; 

but not during periods of startup, shutdown, or malfunctions. 

The person conducting the visible emission reading does not have to be certified in accordance 

with 40 CFR Part 60, Appendix A, Method 9. The person conducting the visible emission test 

must be certified in accordance with 40 CFR Part 60, Appendix A, Method 9. If a visible emission 

test is required before a person is certified in accordance with permit condition 9.3, the owner or 

operator shall notify the Secretary within 24 hours of observing the visible emissions to schedule a 

visible emission test performed by a state inspector. 

9.3 Certified personnel – visible emission tests 

In accordance with ARSD 74:36:13:07, within 180 days after permit issuance the owner or 

operator shall retain a person that is certified to perform a visible emission test in accordance 

with 40 CFR Part 60, Appendix A, Method 9. The owner or operator shall retain a certified 

person throughout the remaining term of this permit. 

9.4 Monitoring sulfur content of distillate oil 

In accordance with ARSD 74:36:05:16.01(9), the owner or operator shall obtain a fuel supplier 

certification for each load of distillate oil (diesel) purchased or received. The fuel supplier 

certification shall include the following information: 

1. The name of the oil supplier; 

2. A statement from the oil supplier that the oil complies with the specifications under the 

definition of distillate oil (diesel). Distillate oil (diesel) means fuel oil that complies with the 

specifications for fuel oil numbers 1 or 2. Residual oil means crude oil and is fuel oil that does 

not comply with the specifications under the definition of distillate oil and includes all fuel oil 

numbers 4, 5, and 6. Specifications for fuel oils are defined in the American Society for Testing 

and Materials in ASTM D396-78, "Standards Specifications for Fuel Oils"; and 

3. A statement that the sulfur content of the oil does not exceed 0.5 weight percent sulfur. 
17 

 

 

In the case where a fuel supplier certification is not obtained, the owner or operator shall collect 

a grab sample from the storage tank within 30 days of receiving the shipment of distillate oil 

(diesel) but before another load is transferred into the storage tank. The grab sample shall be 

analyzed to determine the sulfur content of the distillate oil (diesel) in the storage tank. A copy of 

the results of the analysis shall be submitted with the semiannual report required in permit 

condition 5.7. 

10.0 MACT Requirements – Nonemergency Engine 

10.1 Date to comply with nonemergency emission limits 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR § 63.6595(a)(1), the owner or 

operator shall comply with the applicable emission standards and operating limitations specified 

in this chapter on and after May 3, 2013. 

10.2 Emission limit for nonemergency engine 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR §§ 63.6603(a) and 63.6625(h), 

except during periods of startup, the owner or operator shall limit concentrations of carbon 

monoxide emission from the nonemergency engine to less than or equal to 23 parts per million 

by volume on a dry basis at 15 percent oxygen or reduce carbon monoxide emissions from the 

nonemergency engine by 70 percent or more. Compliance with the numerical emission limit is 

based on the results of testing the average of three 1-hour runs using the testing requirements and 

procedures in permit condition 10.9.

10.3 Operating limits for nonemergency engines 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR §§ 63.6603(a) and 63.6630(b), 

the owner or operator shall comply with the emission limit in permit condition 10.2 by one of the 

following methods: 

1. If the owner or operator uses a oxidation catalyst, the owner or operator shall: 

a. Maintain the catalyst so the pressure drop across the catalyst does not change by more 

than 2 inches of water from the pressure drop across the catalyst measured during the 

initial performance test; and 

b. Maintain the temperature of the exhaust gases so the catalyst inlet temperature is 

greater than or equal to 450 degrees Fahrenheit and less than or equal to 1,350 

degrees Fahrenheit. 

2. If the owner or operator complies without using an oxidation catalyst, the owner or 

operator shall comply with operating limits approved by the Secretary. 

10.4 Fuel requirements for nonemergency engines 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR § 63.6604(a), the owner or 

operator shall only combust diesel fuel in the nonemergency engine that meets the following per 

gallon standards: 
18 

 

 

1. Maximum sulfur content of 15 parts per million; and 

2. Minimum cetane index of 40; or 

3. Maximum aromatic content of 35 volume percent. 

10.5 General requirements for nonemergency engines 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR § 63.6605, the owner or 

operator shall be in compliance with permit condition 10.2 and 10.3 at all times. The owner or 

operator at all times shall operate and maintain the nonemergency engine, including associated 

air pollution control equipment and monitoring equipment, in a manner consistent with safety 

and good air pollution control practices for minimizing emissions. The general duty to minimize 

emissions does not require the owner or operator to make any further efforts to reduce emissions 

if levels required in permit condition 10.2 and 10.3 have been achieved. Determination of 

whether such operation and maintenance procedures are being used will be based on available 

information which may include, but is not limited to, monitoring results, review of operation and 

maintenance procedures, review of operation and maintenance records, and inspection of the 

nonemergency engine. 

10.6 Initial compliance demonstration for nonemergency engines 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR §§ 63.6612(a) and 63.6630(a), 

the owner or operator shall conduct an initial compliance demonstration within 180 days after 

May 3, 2013, according to one of the following applicable methods: 

1. If the owner or operator reduces carbon monoxide emissions using an oxidation catalyst 

and continuous parameter monitoring system, initial compliance is demonstrated by 

conducting an initial performance test using the applicable procedures described in 

permit condition 10.9 and if: 

a. The average reduction of carbon monoxide emissions determined from the initial 

performance test achieves the required carbon monoxide percent reduction in permit 

condition 10.2; 

b. The owner or operator installed a continuous parameter monitoring system to 

continuously monitor catalyst inlet temperature according to permit condition 10.11; 

and 

c. The owner or operator recorded the catalyst pressure drop and inlet temperature 

during the initial performance test. 

2. If the owner or operator limits the concentration of carbon monoxide emissions using an 

oxidation catalyst and continuous parameter monitoring system, initial compliance is 

demonstrated by conducting an initial performance test using the applicable procedures 

described in permit condition 10.9 and if: 

a. The average carbon monoxide concentration determined from the initial performance 

test is less than or equal to the carbon monoxide emission limit in permit condition 

10.2; 

b. The owner or operator installed a continuous parameter monitoring system to 

continuously monitor catalyst inlet temperature according to permit condition 10.11; 

and 
19 

 

 

c. The owner or operator recorded the catalyst pressure drop and inlet temperature 

during the initial performance test. 

3. If the owner or operator reduces carbon monoxide emissions and does not use an 

oxidation catalyst, initial compliance is demonstrated by conducting an initial 

performance test using the applicable procedures described in permit condition 10.9 and 

if: 

a. The average reduction of carbon monoxide emissions determined from the initial 

performance test achieves the required carbon monoxide percent reduction in permit 

condition 10.2; 

b. The owner or operator installed a continuous parameter monitoring system to 

continuously monitor operating parameters approved by the Secretary, if any, 

according to permit condition 10.11; and 

c. The owner or operator recorded the approved operating parameters, if any, during the 

initial performance test. 

4. If the owner or operator limits the concentration of carbon monoxide emissions and does 

not use an oxidation catalyst, initial compliance is demonstrated by conducting an initial 

performance test using the applicable procedures described in permit condition 10.9 and 

if: 

a. The average carbon monoxide concentration determined from the initial performance 

test is less than or equal to the carbon monoxide emission limit in permit condition 

10.2; 

b. The owner or operator installed a continuous parameter monitoring system to 

continuously monitor operating parameters approved by the Secretary, if any, 

according to permit condition 10.11; and 

c. The owner or operator recorded the approved operating parameters, if any, during the 

initial performance test. 

5. If the owner or operator reduces carbon monoxide emissions using an oxidation catalyst 

and continuous emission monitoring system, initial compliance is demonstrated if: 

a. The owner or operator installed the continuous emission monitoring system to 

continuously monitor carbon monoxide and either oxygen or carbon dioxide 

emissions at both the inlet and outlet of the oxidation catalyst according to permit 

condition 10.10; 

b. The owner or operator conducted a performance evaluation of the continuous 

emission monitoring system using 40 CFR Part 60, Appendix B, Performance 

Specification 3 and 4A; and 

c. The average reduction of carbon monoxide as calculated using permit condition 10.9 

equals or exceeds the required percent reduction in permit condition 10.2. The initial 

performance test comprises the first 4-hour period after successful validation of the 

continuous emission monitoring system. Compliance is based on the average percent 

reduction achieved during the 4-hour period. 

6. If the owner or operator limits the concentration of carbon monoxide emissions using a 

oxidation catalyst and continuous emission monitoring system, initial compliance is 

demonstrated if: 
20 

 

 

a. The owner or operator installed a continuous emission monitoring system to 

continuously monitor carbon monoxide and either oxygen or carbon dioxide 

emissions at the outlet of the oxidation catalyst according to permit condition 10.10; 

b. The owner or operator conducted a performance evaluation of the continuous 

emission monitoring system using 40 CFR Part 60, Appendix B, Performance 

Specification 3 and 4A; and 

c. The average concentration of carbon monoxide as calculated using permit condition 

10.9 is less than or equal to the carbon monoxide emission limit in permit condition 

10.2. The initial performance test comprises the first 4-hour period after successful 

validation of the continuous emission monitoring system. Compliance is based on the 

average concentration measured during the 4-hour period. 

10.7 Initial performance test for nonemergency engines may not be required 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR §§ 63.6612(b) and 

63.6670(c)(5), the owner or operator is not required to conduct the initial performance testing on 

a nonemergency engine for which a performance test was previously conducted provided the test 

meets all of the following requirements: 

1. The test shall have been conducted using the same methods specified in this chapter and 

the methods were followed correctly; 

2. The test shall not be older than 2 years; 

3. The test shall be reviewed and accepted by the Administrator of EPA through the 

Secretary; and 

4. Either no process or equipment changes shall have been made since the test was 

performed or the owner or operator shall be able to demonstrate the results of the 

performance test, with or without the adjustments, reliably demonstrates compliance 

despite process or equipment changes. 

10.8 Subsequent performance test schedule for nonemergency engines 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR § 63.6615, if a continuous 

emission monitoring system is not being used, the owner or operator shall conduct subsequent 

performance tests every 8,760 hours or 3 years, whichever comes first. 

10.9 Performance test procedures for nonemergency engines 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR §§ 63.7(e)(3) and 63.6620, the 

owner or operator shall conduct each performance test according to the following: 

1. If the owner or operator reduces carbon monoxide emissions, the owner or operator shall: 

a. Measure the oxygen at the inlet and outlet of the control device with a portable 

oxygen analyzer using ASTM Method D6522-00 (2005) or 40 CFR Part 60, 

Appendix A, Methods 3, 3A, or 3B. Oxygen measurements shall be made at the same 

time as the measurements for carbon monoxide concentrations; and 

b. Measure the carbon monoxide at the inlet and outlet of the control device with a 

portable carbon monoxide analyzer using ASTM D6522-00 (2005), ASTM D6348-

03, 40 CFR Part 60, Appendix A, Methods 10, or 40 CFR Part 63, Appendix A, 
21 

 

 

Method 320. The carbon monoxide concentrations shall be at 15 percent oxygen, dry 

basis. 

2. If the owner or operator limits the concentration of carbon monoxide emissions, the 

owner or operator shall: 

a. Select the sampling port locations and the number of traverse points using 40 CFR 

Part 60, Appendix A, Method 1 or 1A. If using a control device, the sampling site 

shall be located at the outlet of the control device; 

b. Determine the oxygen concentration at the sampling port location using 40 CFR Part 

60, Appendix A, Method 3, 3A, or 3B or ASTM Method D6522-00 (2005). Oxygen 

concentration measurements shall be made at the same time and location as the 

measurements for carbon monoxide concentrations; 

c. Measure the moisture content at the sampling port location using 40 CFR Part 60, 

Appendix A, Method 4, 40 CFR Part 63, Appendix A, Method 320, or ASTM D6348-

03. Moisture content measurements shall be made at the same time and location as 

the measurements for carbon monoxide concentrations; and 

d. Measure the carbon monoxide concentrations at the sampling port for the exhaust of 

the nonemergency engine using 40 CFR Part 60, Appendix A, Method 10, 40 CFR 

Part 63, Appendix A, Method 320, ASTM D6522-00 (2005), or ASTM D6348-03. 

The carbon monoxide concentration shall be at 15 percent oxygen, dry basis. 

3. The owner or operator shall conduct three separate test runs for each performance test 

and each test run shall last at least 1 hour. Upon receiving approval from the Secretary, 

results of a test run may be replaced with the results of an additional test run in the event 

that: 

a. A sample is accidentally lost after the testing team leaves the site; 

b. Conditions occur in which one of the three runs shall be discontinued because of 

forced shutdown; 

c. Extreme meteorological conditions occur; or 

d. Other circumstances occur that are beyond the control of the owner or operator. 

4. Equation 10-1 shall be used to determine compliance with the percent reduction 

requirement; 

Equation 10-1 – Demonstrating compliance with percent reduction 

ܴ ൌ

௢ܥ െ௜ ܥ

௜ܥ

ൈ 100

Where: 

 Ci = Concentration of carbon monoxide at the control device inlet; 

 Co = Concentration of carbon monoxide at the control device outlet; and 

 R = Percent reduction of carbon monoxide emissions. 

5. The owner or operator shall normalize the carbon monoxide concentrations at the inlet 

and outlet of the control device to a dry basis and to 15 percent oxygen or an equivalent 

percent of carbon dioxide. If pollutant concentrations are corrected to 15 percent oxygen 

and carbon dioxide concentrations is measured in lieu of oxygen concentration 
22 

 

 

measurement, a carbon dioxide correction factor is needed. The carbon dioxide correction 

factor shall be calculated as follows: 

a. Calculate the fuel-specific Fo value for the fuel burned during the test using values 

obtained from 40 CFR Part 60, Appendix A, Method 19, section 15.2 and Equation 

10-2; 

Equation 10-2 – Fuel-specific Fo value

ௗܨ0.209 ൌ௢ ܨ

௖ܨ

Where: 

 Fo = Fuel factor based on the ratio of oxygen volume to ultimate carbon dioxide volume 

produced by the fuel at zero percent excess air; 

 0.209 = Fraction of air that is oxygen, percent/100; 

 Fd = Ratio of the volume of dry effluent gas to the gross calorific value of the fuel from 

40 CFR Part 60, Method 19, dry standard cubic foot per 106

 Btus; and 

 Fc = Ratio of the volume of carbon dioxide produced to the gross calorific value of the 

fuel from 40 CFR Part 60, Method 19, dry standard cubic foot per 106

 Btus. 

b. Calculate the carbon dioxide correction factor for correcting measurement data to 15 

percent oxygen using Equation 10-3; and 

Equation 10-3 – Carbon dioxide correction factor

ܺ஼ைଶ ൌ 5.9

௢ܨ

Where: 

 XCO2 = Carbon dioxide correction factor, percent; and 

 5.9 = 20.9 percent oxygen-15 percent oxygen, the defined oxygen correction value, 

percent. 

c. Calculate the carbon monoxide gas concentrations adjusted to 15 percent oxygen 

using carbon dioxide and Equation 10-4; 

Equation 10-4 – Carbon dioxide correction factor

ܥ௔ௗ௝ ൌ ܥௗ

ܺ஼ைଶ

ܱ2ܥ%

Where: 

 Cadj = Calculated concentration of carbon monoxide adjusted to 15 percent oxygen; 

 Cd = Measured concentration of carbon monoxide, uncorrected; and 

 %CO2 = Measured carbon dioxide concentration, dry basis, percent. 

6. If the owner or operator complies with the emission limit to reduce carbon monoxide and 

is not using an oxidation catalyst, the owner or operator shall submit the operational 

limits to be established during the initial performance test and continuously monitor those 

parameter(s) thereafter or request approval of no operating limits. The initial performance 
23 

 

 

test shall not be conducted until after the proposed operational limits or no operational 

limitation has been approved by the Secretary. The submittal for proposing operational 

limits shall include the following: 

a. Identification of the specific parameters the owner or operator proposes to use as 

operating limits; 

b. A discussion of the relationship between these parameters and hazardous air pollutant 

emissions, identifying how hazardous air pollutant emissions change with changes in 

these parameters, and how limits on these parameters will serve to limit hazardous air 

pollutant emissions; 

c. A discussion of how the owner or operator will establish the upper and/or lower 

values for these parameters which will establish the limits on these parameters in the 

operating limits; 

d. A discussion identifying the methods the owner or operator will use to measure and 

the instruments the owner or operator will use to monitor these parameters, as well as 

the relative accuracy and precision of these methods and instruments; and 

e. A discussion identifying the frequency and methods for recalibrating the instruments 

the owner or operator will use for monitoring these parameters. 

7. The submittal for proposing no operational limitations shall include the following: 

a. Identification of the parameters associated with operation of the nonemergency 

engine and any emission control device which could change intentionally (i.e., 

operator adjustment, automatic controller adjustment) or unintentionally (i.e. wear 

and tear, error) on a routine basis or over time; 

b. A discussion of the relationship, if any, between changes in the parameters and 

changes in hazardous air pollutant emissions; 

c. For the parameters which could change in such a way as to increase hazardous air 

pollutant emissions, a discussion of whether establishing limits on the parameters 

would serve to limit hazardous air pollutant emissions; 

d. For the parameters which could change in such a way as to increase hazardous air 

pollutant emissions, a discussion of how the owner or operator could establish upper 

and/or lower values for the parameters which would establish limits on the parameters 

in operating limits; 

e. For the parameters, a discussion identifying the methods the owner or operator could 

use to measure them and the instruments the owner or operator could use to monitor 

them, as well as the relative accuracy and precision of the methods and instruments; 

f. For the parameters, a discussion identifying the frequency and methods for 

recalibrating the instruments the owner or operator could use to monitor them; and 

g. A discussion of why, from the owner’s or operator’s point of view, it is infeasible or 

unreasonable to adopt the parameters as operating limits. 

8. The engine percent load during a performance test shall be determined by documenting 

the calculations, assumptions, and measurement devices used to measure or estimate the 

percent load in a specific application. A written report of the average percent load 

determination shall be included in the notification of compliance status. The following 

information shall be included in the written report: 

a. The engine model number; 

b. The engine manufacturer; 
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c. The year of purchase; 

d. The manufacturer's site-rated brake horsepower; 

e. The ambient temperature, pressure, and humidity during the performance test; 

f. All assumptions made to estimate or calculate percent load during the performance 

test shall be clearly explained; and 

g. If measurement devices such as flow meters, kilowatt meters, beta analyzers, stain 

gauges, etc. are used, the model number of the measurement device, and an estimate 

of its accurate in percentage of true value shall be provided. 

If the nonemergency engine is non-operational but subject to performance testing, the owner or 

operator is not required to start the nonemergency engine solely to conduct the performance test. 

However, the owner or operator shall conduct the performance test when the nonemergency 

engine is started up again. 

10.10 Requirements for a continuous emission monitoring system 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR § 63.6625(a), if the owner or 

operator elects to install a continuous emission monitoring system for demonstrating compliance, 

the owner or operator shall install, operate, and maintain a continuous emission monitoring 

system to monitor carbon monoxide and either oxygen or carbon dioxide that meets the 

following requirements. If the owner or operator is meeting the requirement to reduce carbon 

monoxide emissions, the continuous emission monitoring system shall be installed at both the 

inlet and outlet of the control device. If the owner or operator is meeting a requirement to limit 

the concentration of carbon monoxide, the continuous emission monitoring system shall be 

installed at the outlet of the control device: 

1. Each continuous emission monitoring system shall be installed, operated, and maintained 

according to the applicable performance specifications of 40 CFR Part 60, Appendix B; 

2. The owner or operator shall conduct an initial performance evaluation and an annual 

relative accuracy test audit (RATA) of each continuous emission monitoring system 

according to the applicable performance specifications of 40 CFR Part 60, Appendix B as 

well as daily and periodic data quality checks in accordance with 40 CFR Part 60, 

Appendix F, Procedure 1; 

3. Each continuous emission monitoring system shall complete a minimum of one cycle of 

operation (i.e., sampling, analyzing and data recording) for each successive 15-minute 

period. The owner or operator shall have at least two data points, with each representing a 

different 15-minute period, to have a valid hour of data; and 

4. The continuous emission monitoring system data shall be reduced to 1-hour average 

computed from four or more data points equally spaced over each 1-hour period, except 

during periods when calibration, quality assurance, or maintenance activities are being 

performed. During these periods, a valid hourly average shall consist of at least two data 

points with each representing a 15-minute period. Alternatively, an arithmetic or 

integrated 1-hour average of continuous emission monitoring data may be used. The 

continuous emission monitoring data shall be recorded in parts per million at 15 percent 

oxygen or the equivalent carbon dioxide concentration. 
25 

 

 

10.11 Requirements for a continuous parameter monitoring system 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR § 63.6625(b), if the owner or 

operator elects to install a continuous parameter monitoring system for demonstrating 

compliance, the owner or operator shall install, operate, and maintain a continuous parameter 

monitoring system according to the following requirements: 

1. The owner or operator shall prepare a site-specific monitoring plan that addresses the 

monitoring system design, data collection, and the quality assurance and quality control 

elements outlined below: 

a. The performance criteria and design specifications for the monitoring system 

equipment, including the sample interface, detector signal analyzer, and data 

acquisition and calculations; 

b. Sampling interface (i.e., thermocouple) location such that the monitoring system will 

provide representative measurements; 

c. Equipment performance evaluations, system accuracy audits, or other audit 

procedures; 

d. Initial and any subsequent calibration of the continuous parameter monitoring system; 

e. Determination and adjustment of the calibration drift of the continuous parameter 

monitoring system; 

f. Preventive maintenance of the continuous parameter monitoring system, including 

spare parts inventory; 

g. Data recording, calculations, and reporting; 

h. Accuracy audit procedures, including sampling and analysis methods; 

i. Program of corrective action for a malfunctioning continuous parameter monitoring 

system; 

j. Ongoing operation and maintenance procedures that are consistent with good air 

pollution control practices and meet at least the following: 

i. The owner or operator shall keep the necessary parts for routine repairs of the 

equipment associated with the continuous parameter monitoring system; and 

ii. All continuous parameter monitoring systems shall be installed, operational, and 

the data verified prior to or in conjunction with conducting the performance test. 

Verification of operational status shall at a minimum include completion of the 

manufacturer’s written specification or recommendations for installation, 

operation, and calibration of the system. 

k. The following recordkeeping and reporting requirements: 

i. All required continuous parameter monitoring system measurements including 

monitoring data recorded during unavoidable continuous parameter monitoring 

system breakdowns and out-of-control periods; 

ii. The date and time identifying each period during which the continuous 

parameter monitoring system was inoperative except for zero (low-level) and 

high-level checks; 

iii. The date and time identifying each period during which the continuous 

parameter monitoring system was out of control. A continuous parameter 

monitoring system is out of control if the zero (low-level) or high-level 

calibration drift exceeds two times the applicable calibration drift specification or 
26 

 

 

the relevant standard or the continuous parameter monitoring system fails a 

performance test audit, relative accuracy audit, relative accuracy test audit or 

linearity test audit. The beginning of the out-of-control period is the hour the 

owner or operator conducts a performance check that indicates an exceedance of 

the performance requirements. The end of the out-of-control period is the hour 

following completion of corrective action and successful demonstration the 

system is within the allowable limits; 

iv. The specific identification (i.e., the date and time of commencement and 

completion) of each period of excess emissions and parameter monitoring 

exceedances that occurs during startups, shutdowns, and malfunctions of the 

generator; 

v. The specific identification (i.e., the date and time of commencement and 

completion) of each time period of excess emissions and parameter monitoring 

exceedances that occurs during periods other than startups, shutdowns, and 

malfunctions of the generator; 

vi. The nature and cause of any malfunction (if known); 

vii. The corrective action taken or preventive measures adopted; 

viii. The nature of the repairs or adjustments to the continuous parameter monitoring 

system that was inoperative or out of control; 

ix. The total process operating time during the reporting period; 

x. All procedures that are part of a quality control program developed and 

implemented for the continuous parameter monitoring system; and 

xi. The owner or operator shall submit a copy of a written report of the results of the 

continuous parameter monitoring system performance evaluation within 60 days 

of completion of the performance evaluation. 

2. The owner or operator shall install, operate, and maintain each continuous parameter 

monitoring system in continuous operation according to the procedures in the owner’s or 

operator’s site-specific monitoring plan; 

3. The continuous parameter monitoring system shall collect data at least once every 15 

minutes; 

4. For a continuous parameter monitoring system measuring a temperature range, the 

temperature sensor shall have a minimum tolerance of 2.8 degrees Celsius (5 degrees 

Fahrenheit) or 1 percent of the measurement range, whichever is larger; 

5. The owner or operator shall conduct the continuous parameter monitoring system 

equipment performance evaluation, system accuracy audits, or other audit procedures 

specified in the owner’s or operator’s site-specific monitoring plan at least annually; and 

6. The owner or operator shall conduct a performance evaluation of each continuous 

parameter monitoring system in accordance with the owner’s or operator’s site-specific 

monitoring plan. 

The owner or operator shall maintain these written procedures on record for the life of the 

facility or until the facility is no longer subject to this permit condition and shall be made 

available for inspection. If the written procedures are revised, the owner or operator shall keep 

previous (i.e., superseded) versions of the performance evaluation plan on record to be made 
27 

 

 

available for inspection, upon request, by the Secretary, for a period of 5 years after each 

revision. 

The owner or operator may request approval of monitoring system quality assurance and quality 

control procedures alternative to those specified above for the owner’s or operator’s site-specific 

monitoring plan. 

10.12 Installation of open or closed crankcase system 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR § 63.6625(g), if the 

nonemergency engine is not equipped with a closed crankcase ventilation system, the owner or 

operator shall comply with one of the following: 

1. Install a closed crankcase ventilation system that prevents crankcase emissions from 

being emitted to the atmosphere; or 

2. Install an open crankcase filtration emission control system that reduces emissions from 

the crankcase by filtering the exhaust stream to remove oil mist, particulates, and metals. 

The owner and operator shall follow the manufacturer's specified maintenance requirements for 

operating and maintaining the open or closed crankcase ventilation system and replacing the 

crankcase filters, or can request the Secretary to approve different maintenance requirements that 

are as protective as manufacturer’s requirements. 

10.13 Minimizing engine time during startup 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR § 63.6625(h), the owner or 

operator shall minimize the nonemergency engine’s time spent at idle during startup and 

minimize the nonemergency engine's startup time to a period needed for appropriate and safe 

loading of the nonemergency engine, not to exceed 30 minutes, after which time the emission 

standards in permit condition 10.2 apply. 

10.14 Monitoring and collecting data 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR § 63.6635, the owner or 

operator shall continuously monitor the nonemergency engine at all times when it is operating, 

except for monitor malfunctions, associated repairs, required performance evaluations, and 

required quality assurance or control activities. A monitoring malfunction is any sudden, 

infrequent, not reasonably preventable failure of the monitoring to provide valid data. 

Monitoring failure caused in part by poor maintenance or carless operation are not malfunctions. 

The owner or operator shall not use data recorded during monitoring malfunctions, associated 

repairs, and required quality assurance or control activities in data averages and calculations used 

to report emission or operating levels. 

10.15 Demonstrating continuous compliance 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR § 63.6640(a), the owner or 

operator shall demonstrate continuous compliance with each emission limit in permit condition 

10.2 and operating limit in permit condition 10.3 according to the following methods: 
28 

 

 

1. If the owner or operator reduced carbon monoxide emissions or limits the concentration 

of carbon monoxide in the nonemergency engine’s exhaust and using a continuous 

emission monitoring system, demonstrating continual compliance with permit condition 

10.2 is demonstrated by: 

a. Collecting the monitoring data according to permit condition 10.10; 

b. Reducing the measurements to 1-hour averages; 

c. Calculating the percent reduction or concentration of carbon monoxide emission 

according to permit condition 10. 9; 

d. Demonstrating the catalyst achieves the required percent reduction of carbon 

monoxide emissions over the 4-hour averaging period or the emissions remain at or 

below the carbon monoxide concentration limit; and 

e. Conduct an annual relative accuracy test audit of the continuous emission monitoring 

system using 40 CFR Part 60, Appendix B, Performance Specification 3 and 4A as 

well as daily and periodic data quality checks in accordance with 40 CFR Part 60, 

Appendix F, Procedure 1. 

2. If the owner or operator reduces carbon monoxide emissions or limits the concentration 

of carbon monoxide in the nonemergency engine’s exhaust and uses a oxidation catalyst, 

demonstrating continual compliance with permit condition 10.2 is demonstrated by: 

a. Conducting performance tests every 8,760 hours or 3 years, whichever comes first, 

for carbon monoxide to demonstrate the required carbon monoxide percent reduction 

is achieved or the emissions remain at or below the carbon monoxide concentration 

limit; 

b. Collecting the catalyst inlet temperature data according to permit condition 10.11; 

c. Reduce the data to 4-hour rolling averages; 

d. Maintain the 4-hour rolling averages within the operating limit for the catalyst inlet 

temperature; and 

e. Measure the pressure drop across the catalyst once per month and demonstrate the 

pressure drop across the catalyst is within the operation limit established during the 

performance test. 

3. If the owner or operator reduces carbon monoxide emissions or limits the concentration 

of carbon monoxide in the nonemergency engine’s exhaust and does not use a oxidation 

catalyst, demonstrating continual compliance with permit condition 10.2 is demonstrated 

by: 

a. Conducting performance tests every 8,760 hours or 3 years, whichever comes first, 

for carbon monoxide to demonstrate the required carbon monoxide percent reduction 

is achieved or the emissions remain at or below the carbon monoxide concentration 

limit; 

b. Collecting the approved operating parameter data, if any, according to permit 

condition 10.11; 

c. Reduce the data to 4-hour rolling averages; and 

d. Maintain the 4-hour rolling averages within the operating limit for the operating 

parameters established during the performance test. 
29 

 

 

10.16 Reporting deviations 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR § 63.6640(b), the owner or 

operator shall report instances when the nonemergency engine did not meet the emission limits 

in permit condition 10.2 or operating limits in permit condition 10.3. These deviations shall be 

reported in the semiannual report required in permit condition 10.19. If the owner or operator 

changes the catalyst, the owner or operator shall reestablish the values of the operating 

parameters measured during the initial performance test. When the owner or operator 

reestablishes the values of the operating parameters, the owner or operator shall also conduct a 

performance test to demonstrate the owner or operator is meeting the required emission limits in 

permit condition 10.2. 

10.17 Performance test notifications 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR §§ 63.7(b)(1), 63.7(c), 

63.8(e)(3), and 66.6645(g), the owner or operator shall submit a Notification of Intent to conduct 

a performance test at least 60 days before the performance test is scheduled to begin to allow the 

Secretary an opportunity to review and approve the site-specific test plan and have an observer 

present during the test. The site-specific test plan shall include: 

1. A test program objectives and summary; 

2. The test schedule; 

3. Data quality objectives, which are the pretest expectations of precision, accuracy, and 

completeness data; 

4. An internal quality assurance program which includes, at a minimum, the activities 

planned by routine operators and analysts to provide an assessment of the continuous 

monitoring system performance; and 

5. An external quality assurance program which includes, at a minimum, systems audits that 

include the opportunity for onsite evaluation of instrument calibration, data validation, 

sample logging, and documentation of quality control data and field maintenance 

activities. 

10.18 Notification of compliance status 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR §§ 63.9(h)(2)(ii), 63.6630(c) 

and 63.6645(h), the owner or operator shall submit a Notification of Compliance Status 

containing the following information for each performance test or compliance demonstration: 

1. The methods used to determine compliance; 

2. The results of any performance tests, continuous monitoring system performance 

evaluations, and/or other monitoring procedures or methods conducted; 

3. The methods used for determining continuing compliance, including a description of 

monitoring and reporting requirements and test methods; 

4. The quantity of carbon monoxide emitted by the nonemergency engine reported in the 

appropriate units for demonstrating compliance with permit condition 10.2; 

5. A description of the air pollution control device (or method) for each nonemergency 

engine, including the control efficiency (percent) for each control device (or method); 

and 
30 

 

 

6. A statement by the owner or operator as to whether the source has complied with the 

relevant standard or other requirements. 

If the compliance demonstration does not require a performance test, the owner or operator shall 

submit the Notification of Compliance Status within 30 days after completion of the compliance 

demonstration. A Notification of Compliance Status for each performance test and compliance 

demonstration that involves a performance test shall be submitted within 60 days after 

completion of the performance test. 

10.19 Semiannual compliance report 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR § 63.6650(a), (b), (c), (d), and 

(e), the owner or operator shall submit a semiannual report which contains the following: 

1. Company name and address; 

2. Statement by a responsible official, with that official's name, title, and signature, 

certifying the accuracy of the content of the report; 

3. Date of report and beginning and ending dates of the reporting period; 

4. If a malfunction occurred during the reporting period, the compliance report shall include 

the number, duration, and a brief description for each type of malfunction which occurred 

during the reporting period and which caused or may have caused the emission limit in 

permit condition 10.2 to be exceeded. The report shall also include a description of 

actions taken by the owner or operator during the malfunction to minimize emissions, 

including actions taken to correct a malfunction; 

5. If there are no deviations from any emission limit in permit condition 10.2 or operating 

limits in permit condition 10.3, a statement that there were no deviations from the 

emission limits or operating limits during the reporting period; 

6. If there were no periods during which the continuous monitoring system (i.e., continuous 

emission monitoring system and/or continuous parameter monitoring system) was out-ofcontrol as specified in permit condition 10.11, a statement there were no periods during 

which the continuous monitoring system was out-of-control during the reporting period; 

7. For each deviation where the owner or operator is not using a continuous monitoring 

system to comply, the semiannual report shall contain the following: 

a. The total operating time of the nonemergency engine involved with the deviation; and 

b. Information on the number, duration, and cause of deviations, including unknown 

causes, and the corrective action taken; 

8. For each deviation where the owner or operator is using a continuous monitoring system 

to comply, the semiannual report shall contain the following: 

a. The date and time each malfunction started and stopped; 

b. The date, time, and duration that each continuous monitoring system was inoperative, 

except for zero (low-level) and high-level checks; 

c. The date, time, and duration that each continuous monitoring system was out-ofcontrol, including a description of any corrective actions taken; 

d. The date and item each deviation started and stopped, and whether each deviation 

occurred during a period of malfunction or during another period; 
31 

 

 

e. A summary of the total duration of the deviation during the reporting period and total 

duration as a percent of the total operating time of the generator during the reporting 

period; 

f. A summary of the total duration of continuous monitoring system downtimes during 

the reporting period and total duration of continuous monitoring system downtime as 

a percent of the total operating time of the generator during the reporting period; 

g. An identification of each parameter and pollutant that was monitored for the 

generator; 

h. A brief description of the generator; 

i. A brief description of the continuous monitoring system; 

j. The date of the latest continuous monitoring system certification or audit; and 

k. A description of any changes in the continuous monitoring system, processes, or 

controls since the last reporting period. 

The first semiannual report shall cover the period beginning May 3, 2013 and ending on June 30, 

2013, and be postmarked or delivered no later than July 31, 2013. Each subsequent semiannual 

report shall cover the semiannual reporting period from January 1 through June 30 or July 1 

through December 31. Each subsequent semiannual report shall be postmarked or delivered no 

later than July 31 or January 31. 

10.20 Recordkeeping for nonemergency engines 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR §§ 63.6655(a), (b), and (d) and 

63.6660, the owner or operator shall maintain the following records: 

1. A copy of each notification and report the owner or operator submitted to comply with 

this chapter, including all documentation supporting any Initial Notification or 

Notification of Compliance Status reports; 

2. Records of the occurrence and duration of each malfunction of operation or the air 

pollution control and monitoring equipment; 

3. Records of performance tests and performance evaluations; 

4. Records of all required maintenance performed on the air pollution control and 

monitoring equipment; 

5. Records of actions taken during periods of malfunction to minimize emissions, corrective 

actions taken or preventive measures adopted to restore a malfunctioning process, air 

pollution control, and/or monitoring equipment to its normal or usual manner of 

operation; 

6. For each continuous monitoring system, the owner or operator shall keep the following 

records: 

a. All measurements during periods of unavoidable continuous monitoring system 

breakdowns and out-of-control periods; 

b. The date and time identifying each period during which the continuous monitoring 

system was inoperative except for zero (low-level) and high-level checks; 

c. The date and time identifying each period during which the continuous monitoring 

system was out-of-control; 
32 

 

 

d. The date and time of each period of excess emissions and parameter monitoring 

exceedances that occurs during startups, shutdowns, and malfunctions; 

e. The date and time of each time period of excess emissions and parameter monitoring 

exceedances during periods other than startups, shutdowns, and malfunctions; 

f. The nature of the repairs or adjustments to the continuous monitoring system that was 

inoperative or out of control; 

g. The total process operating time during the reporting period; 

h. All procedures that are part of the quality control program developed in accordance 

with paragraph (1) of permit condition 10.11; 

i. All required measurements needed to demonstrate compliance with a relevant 

standard including, but not limited to, 15-minute averages of continuous monitoring 

system data, raw performance testing measurements, and raw performance evaluation 

measurements that support data submitted in the semiannual report; 

j. If the owner or operator installs a continuous emissions monitoring system where the 

system installed is automated and the calculated data averages do not exclude periods 

of continuous emission monitoring system breakdown or malfunction, in lieu of 

maintaining a file of all continuous emission monitoring system sub-hourly 

measurements as required under subparagraph (6)(b) of this permit condition, the 

owner or operator shall retain the most recent consecutive three averaging periods of 

sub-hourly measurements and a file that contains a hard copy of the data acquisition 

system algorithm used to reduce the measured data into the reportable form of the 

standard. An automated continuous emission monitoring system records and reduces 

the measured data to the form of the pollutant emission standard through the use of a 

computerized data acquisition system; 

k. If the owner or operator installs a continuous emissions monitoring system where the 

measured data is manually reduced to obtain the reportable form of the standard and 

where the calculated data averages do not exclude periods of continuous emissions 

monitoring system breakdown or malfunction, in lieu of maintaining a file of all 

continuous emissions monitoring system sub-hourly measurements as required under 

subparagraph (6)(b) of this permit condition, the owner or operator shall retain all 

sub-hourly measurements for the most recent reporting period. The sub-hourly 

measurements shall be retained for 120 days from the date of the most recent 

summary or excess emission report; 

l. All results of performance tests and continuous monitoring system performance 

evaluations; 

m. All measurements as may be necessary to determine the conditions of performance 

tests and performance evaluations; 

n. All continuous monitoring system calibration checks; and 

o. All adjustments and maintenance performed on the continuous monitoring system; 

p. Previous versions of the performance evaluation plan as required in permit condition 

10.11; and 

q. Requests for alternatives to the relative accuracy test for the continuous monitoring 

system as required in permit condition 10.11. 

7. Records required in permit condition 10.15 to show continuous compliance with the 

emission limits in permit condition 10.2 and operating limits in permit condition 10.3. 
33 

 

 

All records shall be maintained in a form suitable and readily available for expeditious review 

for 5 years following the date of each occurrence, measurement, maintenance, corrective action, 

report or record. At a minimum, the most recent 2 years of data shall be retained on site. The 

remaining 3 years of data may be retained off site. 

10.21 Circumvention not allowed 

In accordance with ARSD 74:36:08:03, as referenced to 40 CFR § 63.4(b), no owner or operator 

shall build, erect, install, or use any article, machine, equipment, or process to conceal an 

emission that would otherwise constitute noncompliance with a relevant standard. Such 

concealment includes, but is not limited to the use of diluents to achieve compliance with a 

relevant standard based on the concentration of a pollutant in the effluent discharged to the 

atmosphere. 

10.22 Installation and operation of a non-resettable hour meter 

In accordance with ARSD 74:36:08:40, as referenced to 40 CFR §§ 63.6625(f) and 63.6635(a) 

and (b), the owner or operator shall install, operate, and maintain a non-resettable hour meter on 

the non-emergency engine. Except for a non-resettable hour meter malfunction and associated 

repairs, the non-resettable hour meter must monitor the operation of the non-emergency engine 

continuously at all times the engine is operating. A monitoring malfunction is any sudden, 

infrequent, not reasonably preventable failure of the non-resettable hour meter. Monitoring 

failures that are caused in part by poor maintenance or careless operation are not malfunctions.