March 18,2014 

Carl Daly 

DEPARTMENT OF ENVIRONMENT 

and NATURAL RESOURCES 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE. SOUTH DAKOTA 57501-3182 

denr.sd.gov 

Environmental Protection Agency (EPA), Region 8 

Mailcode 8P-AR 

1595 Wynkoop St. 

Denver, Colorado 80202-1129 

Dear Mr. Daly: 

In an email on February 25, 2014, EPA requested South Dakota clarify three portions of its June 

14, 2010 submittal to update our state implementation plan. EPA's three questions along with 

the Department of Environment and Natural Resources' (DENR's) response are as follows: 

• EPA Question# I - General Permits: The new construction permit program contains an 

exemption for new sources and modifications covered under a general permit. In addition, 

the general permit provisions have been revised to allow for construction for sources covered 

under a general permit. Can the State clarify that the State applies the standard in 

74:36:04:04 to issuance of a general permit so that the general permit will not interfere with 

the NAAQS or other requirements of the CAA? Can the State also clarify that the discretion 

to require an individual construction permit under 74:36:04:33 includ.es the circumstance that 

construction of the source might interfere with the NAAQS? 

~ The Secretary of DENR currently issues coverage under a general permit for asphalt 

plants, crushers, grain elevators, concrete plants, and for construction activities on 

state properties in Rapid City, South Dakota. The general permits are allowed to be 

issued under Administrative Rules of South Dakota (ARSD) 74:36:04:32. The 

general permits may only be issued if it has been determined that they will not 

interfere with the attainment or maintenance of an applicable National Ambient Air 

Quality Standard as notelin ARSD 74:36:04:04. 

~ The Secretary of DENR issues the general permit for a five year period. The general 

permit goes through a process to update and renew it at which time DENR considers 

the National Ambient Air Quality standard along with other applicable requirements 

when developing the general permit. Therefore, an applicant is only authorized to 

construct and/or operate under the general permit if it meets the underlying 
requirements for the general permit. If an applicant does not meet the underlying 

requirements, it is required to apply for an air quality construction or operating permit 

and during this review, DENR determines if the applicant meets all applicable 

requirements before issuing the applicable general permit. 

• EPA Question #2- Exemptions: For the following exemptions, can the State provide a 

statement clarifying whether or not the exemptions are considered to be de minimis, and if 

so, what the State's basis is? 

1. 74:36:04:03(6) and 74:36:20:04(6) (Routine housekeeping or plant upkeep); and 

2. The portion of74:36:20:03(4) that incorporates the exemptions in 74:36:05:04 

(Residential wood heaters subject to 40 CPR Part 60, Subpart AAA, and sources/units 

subject to 40 CPR § 61.145). 

>- Before South Dakota adopted the requirements for an air quality construction permit 

program, the construction and operating permit programs were combined for those 

facilities not required to obtain a Prevention of Significant Deterioration 

preconstruction permit. These combined programs were found in ARSD 74:36:04 

(operating permits for minor sources) and ARSD 74:36:05 (operating permits for 

major sources). The minor permit program is approved in South Dakota's State 

Implementation Plan. 

>- Routine housekeeping and plant upkeep have been included in South Dakota's Title 

V illr quality operating program since it was approved by EPA on January 29, 1996. 

When DENR decided to separate the two programs, the insignificant activity list was 

identified in both programs. Routine housekeeping and plant upkeep were not 

originally listed in the combine construction and operating permit program for minor 

sources because these activities are considered fugitive sources which are not 

regulated under the minor source program. When DENR decided to separate the 

construction and operating permit program, it was decided to include routine 

housekeeping and plant upkeep in the minor operating permit program since it was 

included in the construction permit program so it would not be confusing. 

>- EPA has already approved the residential wood heaters in 40 CPR Part 60, Subpart 

AAA and demolition and renovation in 40 CPR § 165 when the construction and 

operating permits were combined. When DENR decided to split the construction and 

operating permit program, it adopted the same exemptions in both programs since 

they were already approved by EPA. 

• EPA Question #3- In 74:36:10 (New Source Review), the June 14,2010 submittal updated· 

the incorporation by reference (IBR) date to July 1, 2009. This IBR date was updated to July 

1, 2012, in South Dakota's 2013 submittal. Can the State clarify that this was not intended to 

include provisions in 40 CPR§ 51.165 that are marked as "stayed" in the July 1, 2012 CPR? 

>- South Dakota currently does not have a non-attainment area and did not intend to 

adopt those provisions in 40 CFR § 51.165 that are marked as "stayed". Therefore, 
South Dakota is not requesting the federal provisions that are stayed be part of its 

state implementation plan. 

If you have any questions, please feel free to contact Kyrik Rombough of my staff at 605-773-

3151. 

Sincerely,