MEMO TO: 

FROM: 

SUBJECT: 

June5, 2013 

Secretary of State Jason Gant 

Marlys Heidt, Engineer III 

Air Quality Program 

Final Rules of Amendments to ARSD 74:36 - Air Pollution Control 

Program 

I have enclosed a packet pertaining to the final rules of the amendments to ARSD 74:36 - Air 

Pollution Control : 

The enclosed packet contains the following documents: 

• The original certificate of the Chairman of the Board of Minerals and Environment; 

• A copy of the Board of Minerals and Environment's approval of rules; and 

• A copy of the final rules, which show the changes to the current printed rules in red with 

overstrike for deletions and blue bolded underscore for additions 

If you 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 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 

~-L ¥ d C.swee ~an>Chairman 

Glenn Blumhardt 

Peter Bullene 

Mike Day 

Rexford Haag 

Lee M. McCabren, Vice Chairman 

Linda Hilde 

Doyle Karpen 

Dennis Landguth 
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 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 

~~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 Landguth 
I 

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; Chainnan 

Glenn 

. L~ 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 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 

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 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) 

Date ------- - -

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

Richard C. 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 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 

Peter Bullene 

Mike Day 

Rexford Haag 

Date 5--:.. / b - A 0 / 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 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 

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 of Minerals 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 

Secretary of State. 

Subscribed and sworn to 

before me this 16'" day 

ot May , 2013 

~Au-J. otary Public ~ - South Dakota 

(Seal) 

My Commission expires 

_ _ ___,20_ _ 

BRENDA ANDERSON, No'°'Y Public 

My Comminion&pm . October 26, 2016 

Board of Minerals and Environment 

Flied this 5.\.-h dSy of 

ZILu"'\-e I ?Y\3 , 

v·v~ SECRETARY OF STATE 
• 

• 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINSTRATIVE RULES 

CERTIFICATE 

I, Richard C. Sweetman, hereby certify that I am a duly elected Chairman of the Boar ~ 

of Minerals and Environment and that the attached instruments are full, true, and correct copies 

of the following revisions to the rules adopted by the Board of Minerals 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 of thf:ise 

revisions to the rules. These rules will become effective twenty days after filing with the Secre'i:ary 

of State. 

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 of Minerals and Environment 

d .