### MEMO TO: FROM: SUBJECT: June5 , 2013 Secretary of State Jason Gant Marlys Heidt, Engineer III Air Quality Program Final Rules ofAmendments to ARSD 74:36 - Air Pollution Control Program I have enclosed a packet pertaining to the final rules ofthe amendments to ARSD 74:36 - Air Pollution Control : The enclosed packet contains the following documents : • The original certificate ofthe Chairman ofthe Board ofMinerals and Environment; • A copy ofthe Board ofMinerals and Environment's approval ofrules ; and • A copy ofthe final rules, which show the changes to the current printed rules in red with overstrike for deletions and blue bolded underscore for additions 

### Ifyou have any questions, please contact me at (605) 773-3151.

### IN THE MATTER OF THE PROMULGATION OF ADMJNISTRATIVE RULES APPROVAL OF RULES Following a public hearing held on May 16, 2013, the following rule revisions, attached, are approved and 

### will become effective twenty days after filing with the Secretary ofState: Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 74:36:08:125, 74:36:08:126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 74:36:08:130; revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 74:36:08, 74:36:09, 74:36:10, 74:36:11, 74:36:12, 74:36:13, 74:36:16, ·74:36:18, 74:36:20, and 74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 LEGISLATIVE RESEARCH COUNCIL (for legality and for form and style) BOARD OF MINERALS AND ENVIRONMENT

# ~-L

¥ d

# C.swee**~an>Chairman** GlennBlumhardt Peter Bullene Mike Day Rexford Haag Lee M. McCabren, Vice 

### Chairman Linda Hilde Doyle 

### Karpen Dennis Landguth

### IN THE MATTER OFTHE PROMULGATION OF ADMJNISTRATIVE RULES APPROVAL OF 

### RULES Following a public hearing held on May 16, 2013, the following rule revisions, attached, are approved and will 

### become effective twenty days after filing with the Secretary ofState: Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 74:36:08:125, 74:36:08:126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 74:36:08:130; revising sections in 

### chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 74:36:08, 74:36:09, 74:36:10, 74:36:11, 74:36:12, 74:36:13, 74:36:16, 74:36:18, 74:36:20, and 74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10

# ~~ARCH COUNCIL (for legality and for form and style) BOARD OF MINERALS AND ENVIRONMENT

Glenn Blumhardt Peter Bullene 

### Mike Day Rexford Haag Date

# -~-->L-l---~**Z.~--1--""J** ZP"---J_:S_

Lee 

### M. McCahren, Vice Chairman Linda Hilde Doyle Karpen Dennis 

### LandguthI 

### IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES APPROVAL OF RULES Following a public hearing held on May 16, 2013, the following rule revisions, attached, are approved and will become effectivetwenty days after filing with the Secretary ofState: Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 74:36:08:125, 74:36:08:126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 74:36:08:130; revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36 :05, 74:36:07,**74:36~08,** 74:36:09, 74:36:10, 74:36:11, 74:36:12, 74:36:-13, 74:36:16, 74:36:18, 74:36:20, and 74:36:21; and repealing sections 74:36:10:09 and 74 :36:10:10 LEGISLATIVE RESEARCH COUNCIL (for legality and for 

### form and 

### style) BOARD OF MINERALS AND ENVIRONMENT Richard C. Sweetman; Chainnan



# .**L~** Glenn Blumhardt Peter Bullene Mike Day Rexford Haag Lee 

### M . McCahren, Vice Chairman . Linda Hilde Doyle Karpen Dennis Landguth

### IN 

### THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES APPROVAL OF RULES Following a public hearing held on May 16, 2013, the following rule revisions, attached, are approved and will become effective twenty days after filing with the Secretary ofState: Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 74 :36:08:125, 74:36:08:126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 74:36:08:130; revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 74:36:08, 74:36:09, 74:36:10, 74:36: 11, 74:36:12, 74:36:13, 74:36: 16, 74:36:18, 74:36:20, and 74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 LEGISLATIVE RESEARCH COUNCIL (for legality and for form and style) BOARD OF MINERALS AND ENVIRONMENT Richard.C. Sweetman, Chairman GlenD. Blumhardt 

# 03A Peter Bullene Mike Day Rexford Haag Lee 

### M. McCahren, Vice Chairman Linda Hilde " Doyle Karpen ' I Dennis Landguth

### IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES APPROVAL OF RULES Following a public hearing held on May 16, 2013, the following rule revisions, attached, are approved and will become effective twenty days after filing with the Secretary of State: Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 74:36:08:125, 74:36:08:126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 74:36:08:130; revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 74:36:08, 74:36:09, 74:36:10, 74:36:11,-74:36:12, 74:36:13, 74:36:16, 74:36:18, 74:36:20, and 74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 LEGISLATIVE RESEARCH COUNCIL (for legality and for form and style) BOARD OF MINERALS AND ENVIRONMENT Richard C. Sweetman, Chairman Glenn Blumhardt

Rexford Haag Lee 

### M . McCahren, Vice Chairman Linda Hilde Doyle Karpen Dennis Landguth

### IN

### THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES 

### APPROVAL OF RULES Following a public hearing held on May 16, 2013 , the following rule revisions, attached, are approved and will become effectivetwenty days after filing with 

### the Secretary ofState: Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123 , 74:36:08:124, 74:36:08:125, 74:36 :08 : 126, 74:36:08 : 127, 74:36:08:128, 74:36:08 : 129, and 74:36:08:130; revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 74:36:08, 74:36:09, 74:36:10, 74:36: 11, 74:36:12, 74 :36:13, 74:36: 16, 74:36:18, 74:36':20, and 74:36:21; and repealing sections 74:36: 10:09 and 74:36: 10: 10 LEGISLATIVE RESEARCH COUNCIL (for legality and for form and style) Date 

## ------- - - BOARD OF MINERALS AND ENVIRONMENT Date

# - --- - - - - - RichardC. Sweetman, Chairman Lee M. McCahren, Vice Chairman Glenn Blumhardt Linda Hild(( Peter Bullene Doyle**Karp~n** 

### Mike Day

# ~~~

### IN

### THE MATTER OF THE PROMULGATION OF ADl\flNISTRATIVE RULES APPROVAL OF RULES Following a public hearing held on May 16, 2013, the following rule revisions, attached, are approved and will become effective twenty days after filing with the Secretary ofState: Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 74:36:08:125, 74:36:08:126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 74:36:08:130; revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 74:36:08, 74:36:09, 74:36:10, 74:36:11, 74:36:12, 74:36:13, 74:36:16, 74:36:18, 74:36:20, and 74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 LEGISLATIVE RESEARCH COUNCIL (for legality and for form and style) BOARD OF MINERALS AND ENVIRONMENT Richard C. Sweetman, Chairman GlennBlumhardt Peter Bullene Mike Day Rexford Haag Date 

## 5--:.. /

# b- A0 / 

# 3 Lee M. McCahren, Vice Chairman Linda Hilde Doyle Karpen Dennis Landguth

### IN THE MATTER OF THE 

### PROMULGATION OF ADMINISTRATIVE RULES 

### APPROVAL OF RULES Following a public hearing held on May 16, 2013, the following rule revisions, attached, are approved and will become effective twenty days after filing with the Secretary ofState: Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 74:36:08:125, 74:36:08:126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 74:36:08:130; revising sections 

### in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 74:36:08, 74:36:09, 74:36:10, 74:36:11, 74:36:12, 74:36:13, 74:36:·16, 74:36:18, 74:36:20, and 74:36:21; and repealing sections 74:36: 10:09 and 74:36:10:10 

### LEGISLATIVE RESEARCH COUNCIL · (for legality and for form and style) BOARD OF MINERALS AND ENVIRONMENT Richard C. Sweetman, Chairman Glenn Blumhardt Peter Bullene Mike Day Rexford Haag Linda Hilde

Dennis Landguth..... ,. 

### t IN 

### THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES CERTIFICATE I, 

### Richard C. Sweetman, hereby certify that I am a duly elected Chairman of the Board of Minerals and Environment and that the attached instruments are full, true, and correct copies 

### of the following rules adopted by the Board ofMinerals and Environment on May 16, 2013: Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 74:36:08:125, 74:36:08:126, 74:36:08: 127, 74:36:08:128, 74:36:08:129, and 74:36:08: 130; revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 74:36:08, 74:36:09, 74:36:10, 74:36:11, 74:36:12, 74:36:13, 74:36:16, 74:36:18, 74:36:20, 

## and 74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 I further certify that SDCL 1-26-4 and 1-26-6 were complied with 

### in the adoption of these revisions to the rules. These rules will become effective twenty days after filing with the SecretaryofState.

Subscribed and sworn to before me this 

## 16'" day 

### ot 

# May , 2013

# ~Au-J.**~** otary Public - South Dakota (Seal) My Commission expires



### _ _ ____ ,20_ BRENDAANDERSON,

### No'°'YPublic My 

### Comminion&pm . October26,2016 Board ofMinerals and Environment

Flied this 

# 5.\.-h dSy of 

# ZILu"'\-e I 

# ?Y\3**,**

# v·v~ SECRETARYOFSTATE

# • • IN THE MATTER OF THE PROMULGATION OF ADMINSTRATIVE RULES CERTIFICATE I, Richard C. Sweetman, hereby certify that I am a duly elected Chairman ofthe**Boar ~**  ofMinerals and Environment and that the attached instruments are full, true, and correct copies ofthe following revisions to the rules adopted 

### by the Board ofMinerals and Environment on May 18, 2000 : Sections 74:36:11:01 and 74:36:12:01 Chapter 74:36:02, 74:36:07, 74:36:08, 74:36:13, and 74:36:16 New sections 74:36:08:21, 74:36:08:22, and 74:36:08:23 I further certify that SDCL 1-26-4 and 1-26-6 were complied with in the adoption ofthf:ise revisions to the rules. These rules will become effective twenty days after filing with the Secre'i:ary ofState.

Subscribed and sworn to before me this

## _Jj_day of 

### f';1**tl~.** , ;;l.OCJ 

### 0



# lhtds..**~~AL\J"-'** Notary

### Public~~ (Seal) My Commission expires 

### eRENM/IHOOSOM.**~Public My~on&plna** **()dcbw26,~** 

### Ri hard C. Sweetman, Chairman Board ofMinerals and Environment d .