DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020
 

JOE FOSS BUILL1ING
 

523 EAST CAPITOL
 

PIERRE, SOUTH DAKOTA 57501·3182
 

www.state.sd.us/denr 

March 4,2011 

James B. Martin 

Regional Administrator 

US EPA Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Dear Mr. Martin: 

Governor Daugaard delegated the authority to submit the state implementation plan 

documents for South Dakota to the Secretary of the Department of Environment and 

Natural Resources (DENR). In that capacity, I am submitting the enclosed 

demonstration certifying South Dakota adopted the necessary rules and can show 

the state is meeting all the Clean Air Act requirements in sections 110(a)(l) and (2) 

for the revised 24-hour PM2.5 standard promulgated in 2006. 

The enclosed document and attachments will provide further information 

concerning the state laws and regulations adopted by the state through the public 

notice and hearing process. 

DENR has and will continue to provide adequate resources to implement the state 

implementation plan in South Dakota. Thank you for your assistance in completing 

this process and we look forward to your approval of the state implementation plan. 

If you have questions on this report, please contact Brian Gustafson at 605-773­

3151 for more information. 

Steven M. Pirner 

Secretary 

Enclosure 

cc: Deb Lebow, EPA Region 8 

South Dakota Air Quality Program
 

State Implementation Plan Demonstration
 

PM2.5 Standard as Revised in 2006
 

1.0 Introduction 

On September 25,2009, EPA issued guidance to states for preparation of a state 

implementation plan that satisfy the Clean Air Act sections 11 O(a)( 1) and (2) 

requirements for the 24-hour PM2.5 standard revision in 2006. The infonnation included 

in this document will certify South Dakota is meeting the requirements in the Clean Air 

Act. 

2.0 110(a)(I) 

As required by section 11 O(a)(l) of the Clean Air Act states will review and if necessary 

revise their existing particulate matter state implementation plans to ensure the plan is 

adequate to address the 2006 24-hour PM2.5 National Ambient Air Quality Standard. 

In the state rules of Article 74:36 South Dakota adopted the applicable federal regulations 

by reference from 40 Code of Federal Regulations in Parts 1 to 99 as published on July I, 

2009. The changes in state rules became effective on June 27, 2010 and are waiting for 

EPA approval. After completing a review of the rules in Article 74:36, as revised on 

June 27,2010, the Department detennined South Dakota's state implementation plan for 

particulate matter is adequate to implement the revised 24-hour PM2.5 standard set by 

EPA in 2006. 

Attachment I contains a section by section discussion on how the rules in Article 74:36 

are meeting the requirements of section 1IO(a)(l). 

3.0 110(a)(2) 

The Clean Air Act, §IIO(a)(2)(D)(i), requires each state implementation plan submitted 

to EPA must address emissions that affect other states through interstate transport. In 

addition, states must ensure no SIP interferes with another state's program to prevent 

significant deterioration of its air quality or interferes with visibility in another state. 

There are four components of 1IO(a)(2)(D)(i) that must be addressed. The first two, 

demonstrating adequate provisions to prevent emissions from South Dakota from 

interfering with attainment or maintenance of the federal NAAQS in any other state are 

discussed together in Section 3.1. The requirement that South Dakota show no 

interference with another state's program to prevent significant deterioration of its air 

quality is found in Section 3.2, and discussion of South Dakota's influence on visibility is 

found in Section 3.3. 

The "good neighbor" provisions of §11 0(a)(2)(D)(i) require a state SIP prohibit 
"... any source or other type ofemissions activity within the State from 

emitting any air pollutant in amounts which will-­

(I) contribute significantly to nonattainment in, or interfere with 

maintenance by, any other State with respect to any such national 

primary or secondary ambient air quality standard. .. " 

3.1 Nonattainment and Maintenance Area Impact PM2.5 Standard 

With respect to determining whether South Dakota contributes to nonattainment or 

maintenance ofthe PM2.5 standard in other states, South Dakota relies on EPA modeling 

methodology. EPA states, 

"Thirty seven (37) States were modeledfor potential inclusion in the final 

CAIR. Fourteen (14) ofthese States were not included in the CAIR 

because they did not contribute at least 0.2 ug/m3 to downwind 

nonattainment. The fourteen states not included were Arkansas, 

Connecticut, Delaware, Kansas, Maine, Massachusetts, Nebraska, New 

Hampshire, New Jersey, North Dakota, Oklahoma, Rhode Island, South 

Dakota, and Vermont. (See Final CAIR Preamble at, 70 FR 25246, May 

12, 2005)" 

All the states bordering South Dakota are attaining the revised PM2.5 standard set in 

2006. The closest PM2.5 nonattainment area downwind of South Dakota is the Chicago, 

Illinois area, which is approximately 460 miles from Sioux Falls, South Dakota. It is 

unlikely that South Dakota, contributes to the PM2.5 nonattainment status ofChicago, 

Illinois area because ofthe magnitude ofthe population associated with the Chicago 

nonattainment area and the geological and topological separation ofthis area from South 

Dakota. See Appendix 2 for a map showing the current PM2.5 nonattainment areas in 

the nation. 

Based on the conclusions stated by the EPA in the above-cited guidance and the relative 

distance to PM2.5 nonattainment areas, the State of South Dakota believes emissions 

from South Dakota do not significantly affect PM2.5 nonattainment or maintenance areas 

in other states. 

3.2 Impact on Prevention of Significant Deterioration PM2.5 Standard 

In § llO(a)(2)(D)(i)(II), the Clean Air Act requires states prohibit emissions within the 

state from interfering" ... with measures required to be included in the applicable 

implementation plan for any other State under part C to prevent significant deterioration 

ofair quality... " 

EPA guidance indicates the state implementation plan must address Prevention of 

Significant Deterioration (PSD) and New Source Review (NSR) and have adequately 

demonstrated they do not affect PSD implementation in other states. 
South Dakota has a fully SIP approved PSD program and successfully implemented this 

program for many years. South Dakota's PSD rules were revised and those revisions 

became effective on June 28, 2010, to conform with federal NSR Reform rules. These 

changes were submitted and are currently being reviewed by EPA for approval. Until 

they are, the previously-approved versions are federally enforceable. South Dakota's 

NSR program is part ofthe state implementation plan; but since there are no 

nonattainment areas in the state the NSR program has not been implemented. South 

Dakota will implement the current rules in accordance with EPA's interim guidance 

using PMl 0 as a surrogate for PM2.5 until all the necessary tools are available in the 

PSD program. 

Based on the conclusions stated by EPA in the above-cited guidance, the State of South 

Dakota concludes South Dakota's PSD SIP rule ensures South Dakota does not interfere 

with PSD implementation in other states. 

3.3 Effects on Visibility 

The final requirement of § 110(a)(2)(D)(i)(II) is states prohibit emissions within the state 

from interfering with the programs of other states to protect visibility. In 1980, EPA 

issued regulations that required states to address reasonably attributable visibility 

impairment. 

EPA promulgated a revised regional haze rule on July 1,1999. Under Title 40 of the 

Code for Federal Regulations, section 5lJ08(d)( 1), states must "establish goals 

(expressed in deciviews) that provide for reasonable progress towards achieving natural 

visibility conditions" for each Class I area within a state by 2064. The proposed rules and 

South Dakota's state implementation plan for adopting a Regional Haze Program 

establish the measures South Dakota will take to achieve natural visibility conditions at 

our Class I areas by 2064. 

On September 15,2010 a public hearing was held in front of the Board of Minerals and 

Environment in Custer, SD to consider the proposed rules. The board unanimously 

approved the rules at the end of this hearing. 

On November 17,2010, DENR presented the proposed rules to the Legislative Interim 

Rules Committee in Pierre, SD. The Interim Rules Committee also approved the rules 

and on the same day DENR filed the new rules with the Secretary of State's office. The 

Regional Haze state implementation plan became effective on December 7,2010. DENR 

submitted its proposed rules and state implementation plan to EPA on January 21,2010 

and is awaiting approval. 
ATTACHMENT 1
 

SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST
 

SIP Submitted by: South Dakota Department of Environment and Natural Resources, Air Quality Program 

Date Submitted: February 25, 2011 

Subject: Confirmation of 110(a)(2)(A)-(M) PM2.5 2006 and all the other NAAQS Pollutant Requirements in the 

South Dakota SIP as regulated by the applicable sections in 40 CFR Parts 1 though 99 adopted by reference. 

South Dakota Air Pollution Control Rules can be viewed at the following website: 

hup:lIIegis.state.sd.us/ruleslDisplayRule.aspx?Rule=74:36 

110(a)(2)(A)-(M) Requirements Checklist 

Section II O(a) 

element 

Summary of element How Addressed in State SIP Where codified/approved by EPA 

§110(a)(2)(A) include enforceable emission 

limitations and other control 

measures, means, or techniques 

(including economic incentives 

such as fees, marketable permits, 

and auctions ofemissions rights), 

as well as schedules and 

timetables for compliance as may 

be necessary or appropriate to 

meet the applicable requirements 

ofthis Act. 

The rules in ARSD Chapter 74:36:04 

(Operating permits for minor sources), 

74:36:05 (Operating permits for Part 

70 sources), 74:36:06 (Regulated air 

pollutant emissions), 74:36:07 (New 

source performance standards), 

74:36:08 (National emission standards 

for hazardous air pollutants), 74:36:09 

(Prevention of significant 

deterioration), 74:36:10 (New source 

review),74:36:17 (Rapid City street 

sanding and deicing), 74:36: 18 
,­ Section 11 O(a) 

element 

Summary of element How Addressed in State SIP Where codified/approved by EPA 

(Regulations for state facilities in the 

Rapid City area), 74:36:20 

(Construction permits for new sources 

and modifications) and 74:36:21 

(Regional haze program) provide 

enforceable emission limits and other 

control measures, means or 

techniques, schedules for compliance 

and other related matters necessary to 

maintain South Dakota in attainment 

with the federal National Ambient Air 

Quality Standards. Authority used to 

promulgate these rules is contained in 

SDCL 34A-I-l, 34A-1-6, 34A-1-18, 

and 34A-1-19. 

§110(a)(2)(B) provide for establishment and 

operation ofappropriate devices, 

methods, systems, and procedures 

necessary to monitor, compile, 

and analyze data on ambient air 

quality, and upon request, make 

such data available to the 

Administrator; 

The rules in ARSD 74:36:02 define 

the goals, national ambient air quality 

standards, air monitoring methods and 

monitoring requirements provide for 

establishment and operation of 

ambient air quality monitors, 

collecting and analyzing ambient air 

quality data and making these data 

available to EPA. Under these rules, 

DENR operates a network of air 

monitoring sites. Authority used to 

promulgate these rules is contained in 

SDCL 34A-l-6 and 34A-1-l5. 
Section 110(a) 

element 

Summary of element How Addressed in State SIP Where codified/approved by EPA 

§110(a)(2)(C) include a program to provide for 

the enforcement ofthe measures 

described in subparagraph (A) 

and regulation ofthe modification 

and construction ofany stationary 

source within the areas covered by 

the plan as necessary to assure 

that national ambient air quality 

standards are achieved, including 

a permit program as required in 

parts C and D; 

SDCL 34A-I-39 through 34A-I-54 

and 34A-I-62 gives DENR the 

authority to provide enforcement of all 

South Dakota SIP measures and the 

regulations under ARSD Chapter 

74:36:09 (Prevention of significant 

deterioration), 74:36: 10 (New source 

review) and 74:36:20 (Construction 

permits for new sources and 

modifications). 

§110(a)(2)(D) contain adequate provisions­

(i) prohibiting, consistent with 

the provisions ofthis title, any 

source or other type ofemissions 

activity within the state from 

emitting any air pollutant in 

amounts which will-­

(I) contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other state 

with respect to any such national 

primary or secondary ambient air 

quality standard, or 

(II) interfere with measures 

required to be included in the 

applicable implementation plan 

for any other State under part C 

DENR submitted its Interstate 

transport demonstration to EPA on 

May 15, 2007. Since 2007, emission 

inventories show that Title V facility 

air pollution emissions have remained 

about the same. Some facilities with 

PM2.5 precursors of sulfur dioxide 

and nitrogen dioxide have declined 

and will continue to decline so 

impacts from South Dakota on other 

states have not changed or are being 

reduced. In addition, DENR adopted 

regulations and submitted its Regional 

Haze Program to be included as part 

of the SIP. This program will 

continue to reduce PM2.5 and 

precursors as DENR implements it 
Section 110(a) 

element 

Summary of element 

to prevent sig!1ificant 

deterioration ofair quality or to 

protect visibility, 

(ii) insuring compliance with the 

applicable requirements of 

sections 126 and 115 (relating to 

interstate and international 

pollution abatement); 

§11O(a)(2)(E)(i) provide 

(i) necessary assurances that the 

state (or, except where the 

Administrator deems 

inappropriate, the general 

purpose local government or 

governments, or a regional agency 

designated by the state or general 

purpose local governments for 

such purpose) will have adequate 

personnel, funding, and authority 

under state (and, as appropriate, 

local) law to carry out such 

implementation plan (and is not 

prohibited by any provision of 

federal or state law from carrying 

out such implementation plan or 

portion thereof): 

How Addressed in State SIP 

and achieves natural visibility by 

2064. 

SDCL 34A-1-4, 34A-1-7 through 

34A-l-10 provides DENR with 

adequate personnel to carry out South 

Dakota's SIP and related issues. 

SDCL 34A-1-57 through 34A-1-60, 

DENR's agreement with EPA for 103 

and 105 grants and associated 

matching state funds provides DENR 

with the funding necessary to carry 

out South Dakota's SIP and related 

Issues. SDCL 34A-l provides DENR 

with the legal authority to carry out 

South Dakota's SIP and related issues. 

Where codified/approved by EPA 
Section 110(a) 

element 

Summary of element How Addressed in State SIP Where codified/approved by EPA 

§1l0(a)(2)(E)(ii) (ii) requirements that the state 

comply with the requirements 

respecting state boards under 

section 128. and 

SDCL 1-40-25 (Board of Minerals and 

Environment-CompositionAppointment and tenns) and SDCL 1­

40-25.1 (Board of Minerals and 

Environment composed in 

confonnance with Clean Air Act) 

specifies that the board's composition 

must comply with the requirements of 

Clean Air Act subsection 128 as 

amended to January 1, 1995, for all 

permits and enforcement orders 

initiated under SDCL 34A-l. 

§11 O(a)(2)(E)(iii) (iii) necessary assurances that, 

where the state has relied on a 

local or regional government, 

agency, or instrumentalityfor the 

implementation ofany plan 

provision, the state has 

responsibility for ensuring 

adequate implementation ofsuch 

plan provision; 

The authority in SDCL 34A-I-36 

(Municipal and county programs 

approved by board), 34A-1-37 

(Municipal and county cooperation 

with other agencies), and 34A-I-38 

(Control of air contaminant sources 

beyond capability of local authority) 

provide for the authority ofthe board 

to establish a program with a 

municipal or county government. In 

addition if the board finds that any 

part of the local program is beyond the 

reasonable capability the laws 

provides for the state to assume and 

retain jurisdiction over that 

contamination source. 
Section 110(a) 

element 

Summary of element How Addressed in State SIP Where codified/approved by EPA 

§110(a)(2)(F) require, as may be prescribed by 

the Administrator­

(i) the installation, maintenance, 

and replacement ofequipment, 

and the implementation ofother 

necessary steps by owners or 

operators ofstationary sources to 

monitor emissions from such 

sources, 

(ii) periodic reports on the 

nature and amounts ofemissions 

and emissions-related data from 

such sources, and 

(iii) correlation ofsuch reports 

by the state agency with any 

emission limitations or standards 

established pursuant to this Act, 

which reports shall be available at 

reasonable times for public 

inspection; 

The rules in ARSD Chapter 74:36:04 

(Operating permits for minor sources), 

74:36:05 (Operating permits for Part 

70 sources), 74:36: 11 (Performance 

testing) and 74:36:13 (Continuous 

emission monitoring systems) 

establish a system to monitor 

emissions from stationary sources and 

periodic emissions reports. Authority 

to promulgate these rules is contained 

in SDCL 34A-I-6 and SDCL 34A-1­

12. 

§110(a)(2)(G) provide for authority comparable 

to that in section 303 and 

adequate contingency plans to 

implement such authority; 

The rules in ARSD Chapter 74:36:03 

(Air quality episodes) adopts by 

reference the criteria in 40 CFR § 

51.151 as the air quality episode plan 

to address activities causing imminent 

and substantial endangerment to 

public health, including contingency 

plan to implement the emergency 

episode provisions of South Dakota 
Section II O(a) 

element 

Summary of element How Addressed in State SIP Where codified/approved by EPA 

SIP. Authority to promulgate these 

rules is contained in SDCL34A-I-6, 

34A-1-15, and 34A-1-45. 

As of the date of this submittal, EPA 

has not set in rule priority 

classifications or a significant harm 

level for PM2.5. Once EPA 

promulgates such rules, DENR will 

adopt them in ARSD Chapter 

74:36:03 (Air quality episodes). 

§1l0(a)(2)(H) provide for revision ofsuch 

plan­

(i) from time to time as may 

be necessary to take account 'of 

revisions ofsuch national 

primary or secondary ambient 

air quality standard or the 

availability ofimproved or more 

expeditious methods ofattaining 

such standard, and 

(ii) except as prOVided in 

paragraph (3)(e), whenever the 

Administrator finds on the basis 

ofinformation available to the 

Administrator that the plan is 

substantially inadequate to 

attain the national ambient air 

quality standard which it 

SDCL 34A-1-6 provides DENR with 

the authority to revise South Dakota's 

SIP in response to changes to the 

federal National Ambient Air Quality 

Standards, availability of improved 

methods for attaining the federal 

standards, or in response to an EPA 

finding that the SIP is substantially 

inadequate. 
Section llO(a) 

element 

Summary of element How Addressed in State SIP Where codified/approved by EPA 

implements, or to otherwise 

comply with any additional 

requirements established under 

this Act; 

§110(a)(2)(I) in the case ofa plan or plan 

revision for an area designated as 

a nonattainment area, meet the 

applicable requirements ofpart D 

(relating to nonattainment areas); 

In ARSD Chapter 74:36:10 (New 

source review) DENR adopted by 

reference the New Source Review 

requirements in 40 CFR Part 51. The 

authority to promulgate rules relating 

to nonattainment areas are in SDCL 

34A-1-6. 

§110(a)(2)(J) meet the applicable requirements SDCL 34A-1-1 and 34A-1-10 provide 

(§ 121 ofsection 121 (relating to DENR with the authority to consult 

consultation) consultation), ... with local governments, other states, 

federal government, etc. 

§110(a)(2)(J) meet the applicable requirements SDCL 1-40-31 and 34A-1-9 provide 

(Section 127 ofsection 127 ofthis title (relating DENR with the authority to collect 

public to public notification) and disseminate information and 

notification) provide full public inspection and 

disclosure of all non confidential 

public records related to DENR and 

those activities within its jurisdiction. 

The public is notified of any 

concentrations that exceed the 

NAAQS through DENR's Air Quality 

program website that contains the 

daily concentrations updated hourly 

from nine sites covering 29 parameters 

from continuous analyzers and 
Section llO(a) 

element 

Summary of element How Addressed in State SIP Where codified/approved by EPA 

monitors located throughout the state. 

Three ofthese sites also report hourly 

ozone and PM2.5 levels to the AirNow 

EPA website which we have a link to 

on our website. Through this site the 

public is notified of high concentration 

periods and what actions to take to 

reduce health impacts. 

§1l0(a)(2)(J) meet the applicable requirements The rules in ARSD Chapter 74:36:09 

(PSD) of... part C (relating to 

prevention ofsignificant 

deterioration ofair quality and 

visibility protection); 

(Prevention of significant 

deterioration) adopts by reference 

federal regulations under 40 CFR Part 

51 and 52 and provides DENR with 

regulations necessary to meet the 

applicable requirements of part C of 

the federal Clean Air Act related to 

prevention of significant deterioration 

and visibility protection. 

§11O(a)(2)(K) provide for: 

(i) the performance ofsuch air 

quality modeling as the 

Administrator may prescribe for 

the purpose ofpredicting the 

effect on ambient air quality of 

any emissions ofany air pollutant 

for which the Administrator has 

established a national ambient air 

The rules in ARSD Chapter 74:36:04 

(Operating pennit for minor sources), 

74:36:05 (Operating pennit for Part 70 

sources), 74:36:09 (Prevention of 

significant deterioration), and 

74:36:10 (New source review), 

74:36:20 (Construction permits for 

new sources and modifications) 

provide DENR with the authority to 
Section 110(a) 

element 

Summary of element How Addressed in State SIP Where codified/approved by EPA 

quality standard, and 

(ii) the submission, upon 

request, ofdata related to such air 

quality modeling to the 

Administrator; 

perform air quality modeling for 

predicting effects on air quality of 

emissions from any National Ambient 

Air Quality Standard pollutant and 

submission of such data to EPA upon 

request. Authority to promulgate 

these rules is contained in SDCL34A1-6 and 34A-I-9. 

§110(a)(2)(L) require the owner or operator of 

each major stationary source to 

pay to the permitting authority, as 

a condition ofany permit 

required under this Act, a fee 

sufficient to cover­

(i) the reasonable costs of 

reviewing and acting upon any 

application for such a permit, and 

(ii) ifthe owner or operator 

receives a permitfor such source, 

the reasonable costs of 

implementing and enforcing the 

terms and conditions ofany such 

permit (not including any court 

costs or other costs associated 

with any enforcement action), 

until such fee requirement is 

superseded with respect to such 

sources by the Administrator's 

DENR has an EPA approved Title V 

air quality permit program that 

requires major stationary sources to 

pay permitting fees to cover the cost 

of reviewing, approving, 

implementing and enforcing the Title 

V air quality permit. Therefore, 

Section 11 O(a)(2)(L), is not 

applicable. 
Section 110(a) 

element 

Summary of element How Addressed in State SIP Where codified/approved by EPA 

approval ofa fee program under 

title V; 

§110(a)(2)(M) provide for consultation and 

participation by local political 

subdivisions affected by the plan. 

SDCL 34A-l-l, 34A-I-IO provides 

DENR with the authority to provide 

for consultation and participation in 

South Dakota's SIP development by 

local political subdivision affected by 

the SIP. Cooperation by DENR with 

other agencies provides for the 

consultation, advise, and cooperation 

with other state, local, industries, other 

states, interstate or inter local 

agencies, and the federal government, 

and with interested persons or groups 

on air pollution control issues. 

. 

-
< ·
 

Attachment 2 

Counties Designated Nonattainment
 

for PM-2.5 (1997 Standard) and/or PM-2.5 (2006 Standard)
 

Designated Nonattainment 

fa 1997 PM-2.5	 Nonattainment areas are indicated by color. 

When only a portion of a county is shown in color, o Both 1997 and 2006 PN-2.5 it indicates that only that part of the county is within 

o 2006 PM-2.5	 a non attainm ent area boun da ry.