June 11, 2014 Shaun McGrath Regional Administrator DEPARTMENT OF ENVIRONMENT and NATURAL RESOURCES JOE FOSS BUILDING

523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 denr.sd.gov

U.S. Environmental Protection Agency, Region VIII 1595 Wynkoop Street Denver, CO 80202-1129 Dear Mr. McGrath: The Secretary ofthe Department ofEnvironment and Natural Resources (DENR) has been delegated bythe Governor ofSouth Dakota as his designee for the Air Quality Program in South Dakota. Inthat capacity, I am amending South Dakota's Air Quality Program as specified in Attachment 

### A. The Board ofMinerals and Environment approved changes to South Dakota's Air Quality Program during a public hearing on Aprill7, 2014. The changes were approved bythe Interim Rules Committee on May 6, 2014, and were effective on May 30, 2014. I have enclosed a copy ofAdministrative Rules ofSouth Dakota, Article 74:09- Procedures Board ofMinerals and Environment, which you should use to replace EPA's current version, and supporting documentation to demonstrate the rules were revised in accordance with South Dakota's procedures for adopting rules. DENR has and will continue to have adequate resources to implement and enforce South Dakota's Air Quality Program. I want to thank you in advance for your favorable consideration ofthese requests. Please have your staffcontact Kyrik Rombough at (605) 773-3151, ifthere are any questions.

# ~-·-- Steven M. Pirner Secretary Enclosures

# Attachment A South Dakota's State Implementation Plan

EPA notified DENRthat South Dakota's State Implementation Plan does not comply with Section 128 ofthe Clean Air Act. Section 128 ofthe Clean Air Act specifies: (a) Not later than the date oneyear afterAugust 

### 7, 1977, each applicable implementation plan shall contain requirements that- (1) any board or body which approvespermits or enforcement orders under this chapter shall have at least a majority of members who represent thepublic interest anddo not derive any significantportion of their incomefrompersons subject to permits or enforcement orders under this chapter, and (2) anypotential conflicts of interest by members of such board or body or the head of an executive agency with similarpowers be adequately disclosed A State mayadopt any requirements respecting conflicts of interest for such boards or bodies or heads of executive agencies, or any other entities which are more stringent than the requirements of paragraph (1) and (2), andthe Administrator shall approve any such more stringent requirements submittedaspart of an implementationplan. South Dakota Codified Law 1-40-25.1 South Dakota Codified Laws (SDCL) 1-40-25.1 currently addresses paragraph (a)(!) ofsection 128 ofthe Clean Air Actthat specifies the makeup ofthe state board. This statute went into effect in 1995 and was referenced by DENR in its package to EPA for receiving approval of DENR's Title V air quality operating program. However, an EPA approved program is not part ofSouth Dakota's State Implementation Plan. Therefore, EPA should include SDCL 1-40-25.1 into South Dakota's State Implementation Plan. SDCL 1-40-25.1 states; 1-40-25.1. Board of Minerals andEnvironment composed in conformance with Clean AirAct. ln addition to theprovisions of§ 1-40-25, the Boardof Minerals and Environmentshall be composed in conformance with the requirement of the CleanAir Act§ 128 (42 USC§ 7428) as amendedto January 1, 1995,forallpermits and enforcement orders initiated under chapter 34A-1.Administrative Rules ofSouth Dalmta 74:09 The Board ofMinerals and Environment approved changes to Administrative Rules ofSouth Dakota (ARSD), Article 74:09- Procedures Board ofMinerals and Environment. The changes address paragraph (a)(2) ofsection 128 ofthe Clean Air act that specifies potential conflicts ofa state board must be disclosed. These two approved sections specify the conditions when a Board member may not participate in a contested case hearing, and are based on case law ofthe South Dakota Supreme Court concerning board member conflicts ofinterest in contested case proceedings held under SDCL ch. 1-26 (Armstrong v. Turner County Boardof Adjustment, 2009 SD 81). EPA should include ARSD 74:09:01:20 and 74:09:01:21 into South Dakota's State Implementation Plan ARSD 74:09:01:20. Boardmember conflict of interest. A boardmember who is personally relatedto aparty involved in a contested case hearing by two degrees of consanguinity, who has a direct financial interest in aparty involved in a contestedcase hearing through employment or by contract, or whose spouse is employed by or directly contracts with aparty involvedin a contested case hearing, may notparticipate in a contestedcaseproceeding concerning thatparty. The member shall make an oral statement of recusal on the recordat the initiation of the hearing in the contested case. A recusedmember may notparticipate in boarddiscussions or decision-making regarding that contestedcaseproceeding. ARSD 74:09:01:21. Boardmemberpotential conflicts of interests. Apotential conflict of interest is an indirect financial interest, or apersonal relationship or another interest in aparty involved in a contestedcase hearing or enforcement hearing that is different from that of the generalpublic, that a reasonableperson would believe might result in bias or prejudgment of a contested case hearing. Boardmembers shall disclose anypotential conflict of interest in a contestedcaseproceeding on the recordat the initiation of the hearing, or during the hearing 

### if they become aware of the existence of apotential conflict of interest. Upon its own motion or the motion of aparty, the boardmay recuse a member with apotential conflict of interest 

### ifitdetermines that thepotential conflict of interest raises an unacceptable risk of bias orprejudgment in the contested case proceeding.

### PART V- PROCEDURE FORADOPTING PERMANENT RULES Notice: 

### I Serve head ofdepartment with a copy of ,/ (1) admission ofservice (Form I); ,/ (2) authorization to proceed (Form 2); / (3) proposed rules; and 1 (4) materials incorporated by reference. j Get written approval to proceed. ./ Service on Legislative Research Council (LRC) and Bureau ofFinance and Management (BFM), publication ofnotice, and notice to interested persons must be done at least 20 days before the hearing. /Service on LRC (two copies) and BFM (one copy) includes: •(1) admission ofservice (Form 3 or 4 as applicable); -'(2) notice ofhearing; .(3) fiscal note; v'(4) proposed rules- double spaced; 1(5) (LRC only) copies ofadmission ofservice on department secretary and authorization to proceed (Forms I and 2); v(6) (LRC only) one copy ofany materials incorporated by reference. The materials will be returned after the review is complete; and v(7) Small Business Impact Statement (Form 14) Ifrules have a negative fiscal impact on local political i"' subdivisions, ask BFM to send a copy ofits fiscal note to South Dakota Municipal League, Associated School Boards ofSouth Dakota, and South Dakota County Commissioners Association. I Publish notice ofhearing in a manner selected to notify persons likely to be affected; minimum legal test is publication ofnotice in at least three newspapers ofgeneral circulation in different parts ofthe state. 

## I Send notice to interested persons. 

### Comment period: Accept comments from public and from LRC.

41 SDCL 1-26-4(1)

SDCL 1-26-4(2) SDCL 1-26-4(2) 1-26-4(3)

SDCL 1-26-4(2)

SDCL 1-26-4.2

SDCL 1-26-4.1 1-26-4(3)

SDCL 1-26-4.1

SDCL 1-26-4(6) 1-26-6.5Hold public hearing. Ifa board or commission has 

## J rule-making authority, a majority ofthe board or commission must be present at the hearing. Keep comment period open for ten days following hearing;

however, ifagency is part-time citizen board or part-time commission, close comment period at end ofhearing unless hearing is specifically continued to take additional comments. 

### Adoption process: 

## j Make changes in rules after consideration ofcomments by public; make LRC's recommended changes; changes must be within the scope ofthe notice. 

### J Have rules signed by the person or a majority ofthe body with the authority to adopt them (Form II). Serve Rules Committee with minutes ofpublic hearing, J complete record ofwritten comments, and final draft ofrules after hearing. Serve final draft ofrules with Legislative Research Council 

### J and obtain signature ofLRC approving the rules for legality and for form and style (Form II). J Appear and present rules to the Interim Rules Review Committee. 

### Filing with Secretary ofState: File a copy ofForm II and original certificate Form 13, with the SDCL 1-26-4( 4)

SDCL 1-26-4(6)

SDCL 1-26-4(4) 1-26-4(7) 1-26-6.5 SDCL 1-26-6(2)
SDCL 1-26-4(8) 1-26-4.3 1-26-6(1) SDCL 1-26-6( 4) 1-26-6.5 1-26-6.6 SDCL 1-26-1.2 1-26-4(8)

SDCL 1-26-4.3 1-26-6(1)

. 1-26-6(5) Secretary ofState ifthe agency has appeared before the RulesCommittee and minutes and final rules were served on the Rules Committee and ifall signatures have been obtained. No more than 75 days may elapse between when the agency's public hearing commences and the rules are filed with the Secretary ofState. 

### Effective date: Rules are provisionally effective on the 20th day

after filing with the Secretary ofState. Rules are finally effective on July I after the next

legislative session.

42 SDCL 1-26-6
SDCL 1-26-6----------------------------------------,



### PROCEDURE FORADOPTING PERMANENT RULES Step 1 Forms 1,2 Serve proposed rules on department secretary

Step 2 

# j Forms 3, 4, 5, 6, 14 Serve rules, notice, fiscal notes, and impact statement on LRC and BFM No waiting period

Step 3 Forms 6, 7, 8, 9 Publish notice ofhearing and send notice to interested persons Wait 20 days

Step 4 Form 10 Hold public hearing Wait I0 days unless the entity promulgating the rules is a board or a multiperson decision maker 

# I Step 5

Form II Adopt rules No waiting period

Step 6 Forms II, 12 Submit final, adopted rules to LRC for approval signature. Send final rules and minutes ofhearing to Rules Committee. Appear and present rules to the Committee

Step 7 Form 13 File rules and certificate ofcompliance with Secretary ofState Wait 20 days Rules are effective

43 All original documents should be kept in your office except as noted below. The times shown in the flow chart are the minimums established by SDCL 1-26-4 and 1-26-6. Steps 4 through 7 must be accomplished in 75 days (SDCL 1-26-4.3). The form numbers in the chart correspond to forms on the following pages. Your agency must create all of these forms, with the exception of Form 5 (BFM 50.10), the fiscal note, which is obtained from the Bureau ofFinance and Management, and Form 8, affidavit ofpublication, which is provided by the newspapers publishing your notice. Keep the originals ofall ofthe documents in your agency files, SDCL 1-26-7. However, the original ofForm 13, the certificate, must be filed with the Secretary ofState. While it is notrequired by statute, the Secretary ofState has requested that a copy ofForm II be filed with the rules and the certificate (Step 7). A more detailed explanation ofthis entire process is contained in the Administrative Procedures Act, SDCL chapter 1-26.IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES


### Personal service of ADMISSION OF SERVICE



### (I) the proposal for the Board ofMinerals and Environment to adopt amendments to article 74:09 by adding sections 74:09:01:20 and 74:09:01:21; (2) all materials incorporated by reference
is admitted at Pierre, South Dakota, this

# 1~ day of

# M/!,~~ 

# , 2014.

# ~· Secretary ofDepartment ofEnvironment and Natural ResourcesIN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES WAIVER OF WAITING PERIOD


### Pursuant to SDCL subdivision 1-26-4(2), I, Steven M. Pimer, Secretary ofthe Department ofEnvironment and Natural Resources, waive the fifteen-day waiting period before proceeding with the promulgation ofthe proposal for the Board ofMinerals and Environment to adopt amendments to article 74:09 by adding sections 74:09:01:20 and 74:09:01:21.
Dated this

# _1_--1_ day

# of__,_L.....,."'~"'~·~-' 2014.

Secretary ofDepartment ofEnvironment and Natural ResourcesSMALL BUSINESS IMPACT STATEMENT FORM 

### I. Our agency has determined that the rule/s we are proposing have the following type of impact on small businesses: 

### D Direct impact (please complete remainder of form) 

### D Indirect impact (pleaseprovide a brief explanation, then sign, date, andsubmit form. Questions 2 through 8 do notneedto be answered) 

### X No Impact (pleaseprovide a brief explanation, sign, date, andsubmit form

- Questions 2 through 8 do not needto be answered) 

### Clean Air Act Section II0 specifies the requirements that states need to address to receive delegation ofthe EPA Federal Air Pollution Control Programto the state. Once a state has the necessary laws and rules providing for a program that will achieve and maintain the National Ambient Air Quality Standards the state can request delegation of the program from EPA through the state implementation plan process. Ifthe state program is equivalent to the EPA and Clean Air Act requirements EPA can delegate the program to the state. EPA has identified South Dakota's state implementation plantrelating to Section 128 of the Clean Air Act requirement were not sufficient. Section 128 ofthe Clean Air Act specifies the requirements for the makeup ofa state board and conflict ofinterest for a state board such as the Board ofMinerals and Environment. The amendments to ARSD 74:09 specify the conditions when a Boardmember may not participate in a contested case hearing. The reason the rules are being adopted is to meet the requirements in 128 ofthe Clean Air Act and to allow South Dakota to maintain delegation ofits air quality program. The amendments do not have a direct impact on small businesses. 2. A general narrative and overview ofthe effect ofthe rule(s) on small business- written in plain, easy to read language: 3. What is the basis for the enactment ofthe rules(s)? 

### D Required to meet changes in federal law 

### D Required to meet changes in state law 

### D Required solely due to changes in date (i.e. must be changed armually) 

### D Other: 4. Why is the rule(s) needed? 5. What small businesses or types ofsmall businesses would be subject to the rule? 6. Estimate the number ofsmall businesses that would be subject to the rule. D 1-99 D 100-499 D 500-999 D 1,000-4,999 D More than 5,000 

### D Unknown- please explain---------------------

### 7. Are small businesses required to file or maintain any reports or records under this rule? 

### 0 Yes 

### 0 No
a. If"yes," how many reports must a small business submit to the state on an annual basis? b. If"yes," how much ongoing recordkeeping within the business is necessary?
c. If "yes," what type ofprofessional skills would be necessary to prepare the reports or

records?

0 The average owner ofa small business should be able to complete the reports and/or records with no assistance 

### 0 It

### is likely that a bookkeeper for a small business should be able to complete the reports and/or records 0 It 

### is likely that a small business person would need the assistance ofa CPA to complete the reports and/or records 0 It is likely that a small business person would need the assistance ofan attorney to complete the reports and/or records 0 Other
____

### ~----~~------------------------------------- 0 Unknown- please explain--------------------- 8. Are there any less intrusive or less costly methods to achieve the purpose ofthe rule (i.e. fewer reports, less recordkeeping, lower penalties)? 

### 0 No

- please explain: 

### 0 Yes- please explain
________________________ _ Approved by: Secretary ofthe Department ofEnvironment and Natural Resources Date:DEPARTMENT DIVISION PROGRAM ADMINISTRATIVE PROCEDURES ACT FISCAL NOTE CODE NAME 

### 20 Environment and Natural Resources 

### 2 Environmental Services Air Quality .

PROPOSED RULE: The proposed rule is the amendments to article 

### 74:09 by adding sections 

### 74:09:01:20 and 

### 74:09:01:21. Hearing Date: April 

### 17, 2014 FISCAL IMPACT STATEMENT: These rules have minimal impacts to all entities. The rules specify the conditions when a Board member may not participate in a contested case hearing. FISCAL NOTE SUMMARY: List state agencies oflocal governmental subdivisions affected: None COST INCREASES (DECREASES)

State Agencies: First-Year Impact Continuous-Yearly Impact
TOTAL 

### $0 $0 Local Subdivisions:

. TOTAL 

### $0 $0 Small Business Increases (Decreases) TOTAL 

### $0 $0 REVENUE INCREASES (DECREASES) Revenue Increases (Decreases) . State, Local & Small Business : TOTAL 

### $0 $0



## ... A

# ~> • APPROVED 

### -f. Secretary ofDepartment ofEnv1ronment and Natural Resources DATE: 

# -s/-r_(,'f.IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES ADMISSION OF SERVICE



### Personal service of (I) the proposal for the Board ofMinerals and Environment to adopt amendments to article 74:09 by adding sections 74:09:01:20 and 74:09:01:21; (2) the Secretary ofthe Department ofEnvironment and Natural Resources' Admission of Service and Waiver ofWaiting Period; (3) the notice ofhearing; ( 4) the fiscal note; (5) the Small Business Impact Statement; and (6) all materials incorporated by reference is admitted at Pierre, South Dakota, this

# ·I/~ day of

# fUrcl_ ,2014.

# 1£4.8"~**Co~oil** For these rules, the Agency contact person is: Kyrik Rombough Phone Number: 605-773-3151

# L~slative 

# Research

Counen
Sen. Ryan Maher, Chair Rep. Lance Carson, Vice Chair Fred Schoenfeld, Interim Director DougDecker, Code Counsel


### March 21,2014

Mr. Joe Nadenicek SouthDakotaDepartment ofEnvironment andNatural Resources 523 East Capitol Avenue Pierre, SouthDakota57501 DearMr. Nadenicek: 

## RECEIVED MAR 2 5 2014 AIR QUALITY

PROGRAM



### The SouthDakota Board ofMinerals and Environmenthas proposed the adoption ofARSD 74:09:01:20 and 74:09:01:21

- BME Contested Case Procedure, whichis scheduled for hearing onApril 17,2014. Wehave reviewed the proposed rules and approve them for legality. This Jetter is based on a preliminaryreview ofyour rules. Attached are your rules edited for form and style pursuant to SDCL 1-26-6.5 and directions for submittingthe final draft ofthe rules. Ifyouhave any questions, please don'thesitate to caiJ me orthe staffmember who has reviewed yourrule. Sincerely yours,

# ~er Code Counsel DD:TM Cc: KyrikRombough, DENR

State Capitol, 500 East Capitol, Pierre, SO 57501-5070 605/773-3251 -Fax 605/773-4576 http://lcgis.state.sd.us

### DIRECTIONS FOR

### SUBMITTING THE 

### FINAL DRAFT Rules Review Meeting Schedule: The Interim Rules Review Committee has set the following tentative meeting schedule for the 2014 interim: May 6, June 3, July 8, August 12, September 16, November 12, and December 16. A. Final Draftto the Legislative Research Council: Bringthe final draft ofthe adopted rules to this office at least five days before the committee meeting date for signature for legality and for form and style, please include the following items: I. The edited copy ofthe first draft; 2. One legible copy ofthe final draft, to be left here. The final draft should be double spaced, contain only rules being amended, repealed, or adopted, and show changes from current printed rules by means ofoverstrikes and underscores; 3. The original Form #II which contains the signature ofthe officer empowered to adopt the rules or the signatures ofa majority ofthe members ofa board or commission which has the rule-making authority; and 4. Copies ofthe following: a. The minutes ofall public hearings, (a summary ofthe minutes ifneeded); and b. The affidavit ofmailing to Rules Committee members- Form #12. B. Service on Committee: The following information is to be served on the Interim Rules Review Committee at least five days before the committee meeting date:



## c. I. The final draft ofthe adopted rules (three-hole punched and numbered by page); 2. The minutes ofthe public hearing; a. Include a summary ofthe hearing ifa verbatim transcript is used; b. Include a summary ofany subsequent hearing ifthe public hearing is continued or final action is taken at a later date; 3. A summary ofthe written comments or copies ofthe written comments; 4. The Impact Statement on Small Business; 5. The Fiscal Note; and 6. Agency financial resource information ifthe agency proposes a rule to increase a fee. First class mail, e-mail, or both should be used (See Form #12). Filing with the Secretary of State's Office: (After appearing before the Interim Rules Review Committee) Each agency must complete and sign all documents before filing the certificate of compliance with Chapter 1-26 and the final draft ofthe rules with the Secretary ofState's Office. Although it is not required by statute, the Secretary ofState's Office would like to have a copy of the approval signature sheet with the filing ofthe final draft and the certificate.

### Chapter 74:09:01

Section ARTICLE 74:09

PROCEDURES --BOARD OF MINERALS AND ENVIRONMENT



### Contested case procedure.

CHAPTER 74:09:01

CONTESTED CASE PROCEDURE



### 74:09:01:01 Petition to initiate contested case. 74:09:01:02 Board initiation ofcontested case. 74:09:01:03 Answer to petition to initiate contested case. 74:09:01:04 Intervention in contested case. 74:09:01:05 Initiation ofenforcement hearing. 74:09:01:06 Intervention in enforcement hearings not allowed. 74:09:01:07 Pleadings to be filed with department. 74:09:01:08 Appointment ofchair ofhearing.

A-1

### 74:09:01:09 Motions. 74:09:01:10 Prehearing conference. 74:09:01:11 Notice ofcontested case. 74:09:01:12 Subpoenas. 74:09:01:13 Conduct ofhearings. 74:09:01:14 Transcripts. 74:09:01:15 Service. 74:09:01:16 Degree ofproofrequired. 74:09:0I: 17 Appointment ofhearing examiner. 74:09:01:18 Decision ofboard. 74:09:01:19 Findings offact, conclusions oflaw, and orders. 74:09:01:20 Board member conflict ofinterest 74:09:01:21 Board member potential conflict ofinterests

ARSD 74:09:01:20. Board member conflict ofinterest. A board member who is personally related to a party involved in a contested case hearingbytwo degrees ofconsanguinity, who has
a direct financial interest in a party involved in a contested case hearing through employment or by contract, or whose spouse is employed by or directly contracts with a party involved in a contested case hearing, may not participate in a contested case proceeding concerning that party. The member shall make an oral statement ofrecusal on the record at the initiation ofthe hearing in the contested case. A recused member may not participate in board discussions or decisionmaking regarding that contested case proceeding. Source:

A-2General Authority: SDCL 34A-l-6, 34A-6-1.6, 34A-6-Ll4, 34A-11-9, 45-9-13. Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-l-43, 34A-1-44, 34A-1-45, 34A-lARSD 74:09:01:21. Board member potential conflicts ofinterests. A potential conflict of interest is an indirect financial interest, or a personal relationship or another interest in a party involved in a contested case hearing or enforcement hearing that is different from that ofthe general public, that a reasonable person would believe might result inbias orprejudgment ofa contested casehearing. Board members shall disclose any potential conflict ofinterest in a contested case proceeding onthe record at the initiation ofthe hearing, or during the hearing if theybecome aware oftbe existence ofa potential conflict ofinterest. Upon its own motion or

determines that the potential conflict ofinterest raises an unacceptable risk ofbias or prejudgment in the contested case proceeding. Source: General Authority: SDCL 34A-1-6, 34A-6-1.6, 34A-6-Ll4, 34A-11-9, 45-9-13. Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-43, 34A-1-44, 34A-1-45, 34A-1-

A-3IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES


### Personal service of ADMISSION OF SERVICE

(l) 

### the proposal for the Board ofMinerals and Environment to adopt amendments to article 74:09 by adding sections 74:09:01:20 and 74:09:01:21; and (2) the notice ofhearing, (3) the fiscal note, and (4) the Small Business Impact Statement Form is hereby admitted at Pierre, South Dakota, this

# ~~~\ __day

# of~~ .. h 

### 2014.

For these rules, the Agency contact person is: Kyrik Rombough Phone Number: 605-773-3151

### TO: FROM: 

### RE: 

### DATE: 

### DEPARTMENT OF EXECUTIVE MANAGEMENT 

## BUREAU OF FINANCEAND MANAGEMENT 

# MEMORANDUM

Department of Environment and Natural Resources Bureau of Finance and Management Fiscal Note March 20, 2014 

## RECEIVED MAR 2 12014 AIR QUALITY

PROGRAM

The Bureau of Finance and Management has reviewed the attached proposed rules from the Department of Environment and Natural Resources and concurs with the assumptions and fiscal impact calculations within the attached package. SK:yjs

cc: Mr. Fred Schoenfeld, Interim Director South Dakota Legislative Research Council (with attachment)

STATE CAPITOL 500 EAST CAPITOL AVE. PIERRE, SOUTH DAKOTA 57501-5070 Voice: (605) 773-3411

Fax: (605) 773-4711DEPARTMENT ADMINISTRATIVEPROCEDURESACT FISCAL NOTE PreparedbySubmittingAgency 

## RECEIVED MAR 21 2014 AIR QUALITY

PROGRAM

PROPOSED RULE: The proposedrule is the amendmentsto article 74;09 byadding sections 74;09:01:20 and 74:09:01:21. Hearing Date: Apri/17, 2014. FISCAL IMPACTSTATEMENT: These rules have minimalimpacts to allentities. The rules specifythe conditions when a Bo8rdmembermaynotparticipate in a contestedcase hearing. FISCAL NOTESUMMARY:

. Liststate agencifJS oflocalgovernmentalS!.fbdivisions affected: None.

. COST INCREASES (DECREASES)

TOTAL

TOTAL**SfnEfltBys(n_f!$;~.**·-.:·:-:.:· ......,_.;. - ;**Jncrea~~s'(Decreases)** -·:·:.'.}<-' ·:**fi~t.Yearlmpatit,** ,.. . '**-~'** BFM50.10

ATTACH: proposed rules; separate sections for: 1) explanation ofrules effect, i.e. what procedures, schedules, activities, etc. will change its adoption; 2) statistics used, and their source; 3) assumptions that were made to anive at fiscal impact; 4) computations that were made; and5) smallbusiness impactstatement RevisedJune 2004ARTICLE 74:09
PROCEDURES BOARD OF MINERALS AND ENVIRONMENT
NOTICE OF PUBLIC HEARING TO REVISE RULES The Board ofMinerals and Environment will hold a public hearing in the Matthew Environmental Education and Training Center, 523 East Capitol Avenue, Pierre, South Dakota, on April17, 2014, at 10:00 a.m. central time, to consider the proposed amendments to article 74:09 by adding sections 74:09:01:20 and 74:09:01:21. Section 110(a)(1) and (2) ofthe Clean Air Act requires each state to review its state implementation plan each time EPA revises or adds a criteria air pollutant national ambient air quality standard. Following the change to the standard, the state has a three year period to update the state's plan and implement the revised regulations. At the end ofthe three year period, the state is required to certify the infrastructure ofits plan is equivalent to EPA's regulations and is meeting the requirements ofthe Clean Air Act. Recently, EPA determined that many ofthe state implementation plans, including South Dakota's, relating to Section 128 of the Clean Air Act requirement were not sufficient. Section 128 ofthe Clean Air Act specifies the requirements for a state board or body that approves air quality permits or enforcement orders. The effect ofthe rules will specify the conditions when a Board member may not participate in a contested case hearing. The reason the rules are being adopted is to meet the requirements in Section 128 ofthe Clean Air Act and to allow South Dakota to maintain delegation ofits air quality program. Persons interested in presenting data, opinions, and arguments for or against the proposed amendments may do so by appearing in person at the hearing or by submitting written comments to the SouthDakota Department ofEnvironment and Natural Resources at the mailing address that appears below. Material sent by mail must reach department by the close ofbusiness on April16, 2014, to be considered. After the hearing, the Board ofMinerals and Environment will consider all written and oral comments it receives on the proposed amendments. The Board ofMinerals and Environment may modify or amend a proposed rule at that time to include or exclude matters that are described inthis notice. Notice is further given to individuals with disabilities that this hearing is being held in a physically accessible place. Please notify the department at least 48 hours before the public hearing ifyou have special needs for which special arrangements must be made. The telephone number for making special arrangements is (605) 773-3151.Copies ofthe proposed rules may be obtained without charge from Kyrik Rombough, Engineering Manager I South Dakota Department ofEnvironment and Natural Resources 523 East Capitol, Joe Foss Building Pierre, South Dakota 57501 (605) 773-3151
or from the following website: http:/

### Idenr.sd.gov /public/default.aspx 

# ME?-
Steven M. Pirner, Secretary Department ofEnvironment and Natural Resources Published once at the total approximate cost of
_____ _

# PROPOSED AMENDMENTS TO ARSD 74:09

PROCEDURES BOARD OFMINERALS AND ENVIRONMENT
April17, 2014

1

## Table ofContents Page 

### 1.0 Background..................................................................................................... ! 

### 2.0 National Ambient Air Quality Standards......•........•....................................2 2.1 State Implementation Plan........•................................................................................ 3 2.2 Infrastructure Certification......•................................................................................ 3 

### 3.0 Proposed Revisions to Chapter 74:09:01- Contested CaseProcedure.•••4

2

### 1.0 Background The Air Quality Program within the South Dakota Department ofEnvironment and Natural Resources (DENR) implements federal airpollution control programs. There are several different types ofairpollution control program and each program has a differentprocedureby which the U.S. Environmental Protection Agency (EPA) gives states the authority to implement the federal airpollution control program. The first type offederal air pollution control program is known as a State Implementation Plan. A State Implementation Plan contains state rules that are used to meet and/or maintain the federal National Ambient Air Quality Standards. Ifa state does not develop a State Implementation Plan, EPAis required to establish a Federal Implementation Plan inits place. SouthDakota currently has a State Implementation Plan inplace to meet and/ormaintain the federal National Ambient Air Quality Standards. Each time DENRrevises its rules that impact the State Implementation Plan, EPAreviews the state's rules to determine ifthe rules are equivalent to the federal airpollution control program. Ifthe state's rules are equivalent, EPAincludes the state's rules inthe State Implementation Plan after public noticing its decision in a federal register notice. Before a state rule is approved bythe EPA, itis only enforceable bythe state. Afterbeing approved bythe EPA, a state rule is federally-enforceable and can be enforced in court bythe state and federal government as well bythe publicunder the citizen suit provision ofthe Clean Air Act. A second type offederal air pollution control program is a delegated program. Under these programs, the EPAmaintains the overall authority and interpretation ofthe program. A state is granted the authority to implement and enforce the program in lieu ofEPA. The first step in requesting delegation is to adopt state rules that are equivalent to the federal air pollution control program. Adopting the federal regulations byreference is the simplest method DENRhas found to achieve this goal. The most notable EPA delegated federal air pollution programs in South Dakota's rules are theNew Source Performance Standards (ARSD 74:36:07) and the National Emission Standards for Hazardous AirPollutants (ARSD 74:36:08). Again, each time DENRrevises its rules that impact a delegated federal air pollution program, EPAreviews the state's rules to determine ifthe rules are equivalent to the federal airpollution control program. Ifthe state's rules are equivalent, EPAnotifies the state that they are delegated to implement the federal airpollution control program. A third type offederal airpollution control program is an EPA approved program. As with the first two federal airpollution control programs, the first step in receiving an approved program is to adopt state rules that are equivalent to the federal air pollution control program and submit the rules to EPA for approval. Themost notable EPA approved program in South Dakota's rules is the Title V air quality operating permitprogram (ARSD 74:36:05). Again, each time DENR revises its rules that impact an approved federal air pollution program, EPAreviews the state's rules to determine ifthe rules are equivalent to the federal airpollutioncontrol program. Ifthe state's rules are equivalent, EPA approves the state's rules afterpublic noticing its decision in a federal register notice. Recently, EPAdetermined that many ofthe state implementation plans, including South Dakota's, relating to Section 128 ofthe Clean AirActrequirement were not sufficient. Section 128 ofthe Clean AirAct specifies the requirements for a state board orbodythat approves air qualitypermits or enforcement orders. The specifications for the state board orbodydeal with themakeup and anypotential conflict ofinterest. The Board ofMinerals and Environmenthas thepotential to approve air quality permits and enforcement orders, therefore, DENRneeds to satisfy the requirements in Section 128 ofthe CleanAirAct to maintain and implement the federal airpollution control programs that are part ofthe State Implementation Plan. South Dakota Codified Laws (SDCL) 1-40-25.1 currently addresses the Board ofMinerals and Environment's makeup but was never submitted to EPA for inclusion inthe State Implementation Plan. DENRis proposingrevisions to Article 74:09 (Procedures- Board of Minerals and Environment) to address the potential conflicts ofinterest requirements. If approved, DENRwill submit SDCL 1-40-25.1 and the proposed revisions inAppendix A to EPA as part ofSouth Dakota's State Implementation Plan. 

### 2.0 National Ambient Air Quality Standards EPAhas established National Ambient Air Quality Standards for a list ofair pollutants termed criteria airpollutants. There are six criteria airpollutants (i.e., particulatematter, sulfur dioxide, nitrogen dioxide, ozone, lead and carbon monoxide). There are two types ofNational Ambient Air Quality Standards established for each criteria air pollutant, primary and secondary. Primary standards define levels that protect thepublichealth with a margin ofsafety. The secondary standardsdefine levels to protect thepublic welfare from known or anticipated adverse effects from air pollution. EPA is required bythe Clean AirAct to review the standards every five years and revise, add additional standards, or not change the standards based on its review. Since 1997, EPAhas revised the criteria air pollutant standards eight times (i.e., three times for particulate matter, two times for ozone, once for lead, once for sulfur dioxide, and once for nitrogen oxide). Each time EPArevises or adds a national ambient air quality standard for a criteria air po)lutant, each state is required to demonstrate its current State Implementation Plan is sufficient to meet and maintain the revised or added national ambient air quality standard. This typically involves adopting therevised or added national ambient air quality standard in state rule and demonstrating through existing ambient airmonitoring data that South Dakota is achieving the revised or added standard. In addition, each state must submit what is called an infrastructure State Implementation Plan certifying the state implementationplan is equivalent to EPA's regulations and is meeting therequirements ofthe Clean Air Act.

2

### 2.1 State Implementation Plan As EPA continues to update their regulations and National Ambient Air Quality Standards, DENRmust also update the stateregulations andrequest approval from EPAto add the changes to South Dakota's State Implementation Plan. From the federal side, South Dakota's State Implementation Plan for federal air pollution control programs is located at40 Code Federal Regulations Part 52 Section 52.2170 and is located at the following website:htto://www.ecfr.gov/cgi-bin/textidx?SID=2e4398943ae5e0bbclc576865ld86e72&node=40:5.0.1.1.1.4&rgn=div This federal section contains a history ofSouth Dakota's State Implementation Plan submittals dating back to our initial State Implementation Planin 1972 to the current State Implementation Plan. The State Implementation Plan specifies how South Dakota will implement, maintain and enforce the National Ambient Air Quality Standards in all areas ofSouth Dakota. The State Implementation Plan primarily consists ofcertain chapters and sections ofthe staterules. For example, Chapter 74:36:02- Ambient Air Quality is part ofthe State Implementation Plan where DENRhas adopted the federal National Ambient Air Quality Standards. This chapter also specifies where DENR establishes ambient air monitoring sites and whattype ofcriteria air pollutant to monitor at each site. DENR's ambient air monitoring network is displayed at the following website: http://denr.sd.gov/des/ag/monitoring/state-mo.aspx Chapter 74:36:04- Operating Permits for Minor Sources and 74:36:09- Prevention of Significant Deterioration are also partofthe State Implementation Planused to permitbusinesses and facilities and establish air emission limits to ensure South Dakotamaintains its ambient air quality below the National Ambient Air Quality Standards. 2.2 

### Infrastructure Certification Section llO(a)(l) and (2) ofthe Clean AirActrequires each state to review its State Implementation Plan each time EPArevises oradds a criteria airpollutant national ambient air quality standard. Following the change to the standard, the state has a three year period to update the state's plan and implementtherevised regulations. Atthe end ofthe three year period the state is required to certifY the infrastructure ofits plan is equivalent to EPA's regulations and is meetingthe requirements ofthe Clean Air Act. Theresults ofthe state's infrastructure review are required to be reasonably noticed and hold a hearing ifone is requested to allow public participation in thereview process. Once thepublic comment period and hearing, ifone is requested, is complete, DENR sends EPA a request to approve the infrastructure certification and includes any comments received or sent during thepublic process. EPAthenreviews the infrastructure certification. IfEPA determines something is missing in South Dakota's State Implementation Plan, EPA will partially approve ordisapprove the certification.

3DENRhas submitted infrastructure certifications on seven ofthe eight standard changes (i.e., two for particulate matter, two for ozone, one for lead, one for sulfur dioxide, and one for nitrogen oxide). DENRwill need to submit another infrastructure certification to EPA for the most recent revision to the particulate matter standard byMarch 18,2016. The seven infrastructure certifications DENR submitted are currentlybeingreviewed by EPA During EPA's review ofDENR's infrastructure certification and other state infrastructure certification, EPA determined that many ofthe state implementationplans relating to Section 128 ofthe Clean Air Act requirement were not sufficient. Therefore, DENRis proposing revisions to satisfythe requirements in Section 128 ofthe Clean Air Actto maintain and implement the federal air pollution control programs that are part ofthe State Implementation Plan. 

### 3.0 Proposed Revisions to Chapter 74:09:01- Contested Case Procedure EPA notified DENRthat South Dakota's State Implementation Plans does not complywith Section 128 ofthe Clean Air Act. Section 128 ofthe Clean Air Act specifies: (a) Not later than the date oneyearafterAugust 

### 7, 1977, each applicable implementation plan shallcontain requirements that- (1) any board orbody which approvespermits or enforcement orders under this chaptershall have at least a mqjority of members who represent thepublic interest anddo notderive anysignificantportion of their income frompersons subject to permits or enforcement orders under this chapter, and (2) anypotentialconflicts of interest bymembers of such boardorbody orthe head of an executive agency with similarpowers be adequately disclosed. A State may adopt any requirements respecting conflicts of interest for such boards or bodies orheads of executive agencies, orany other entities which are more stringent than the requirements of paragraph (1) and (2), and the Administratorshall approve any such more stringent requirements submittedaspart of an implementationplan. South Dakota Codified Laws (SDCL) 1-40-25.1 currently addresses the Board ofMinerals and Environment's paragraph (a)(l) ofsection 128 ofthe Clean Air Actthat specifies the makeup of the state board. This statute went into effect in 1995 and was referencedbyDENR in its package to EPA for receiving approval ofDENR's Title V air quality operatingprogram. As stated before, an EPA approved program is not part ofSouth Dakota's State Implementation Plan. Therefore, DENRwill submit SDCL 1-40-25.1 to EPA as part ofSouth Dakota's State Implementation Plan. SDCL 1-40-25.1 states: 1-40-25.1. Boardof Minerals andEnvironment composed in conformance with Clean AirAct. In addition to theprovisions of§ 1-40-25, the Boardof Minerals and Environmentshallbe composed in conformance with the requirement of the CleanAir

4

### Act§ 128 (42 USC§ 7428) as amended to January I, 1995,forallpermits and enforcement orders initiated under chapter34A-l. DENR discussed whether the potential conflicts ofinterest provision should be in statute orrule with the Attorney General's Office. The Attorney General's Office indicated it could be in either location. Dueto timing, DENRrecommends the potential conflict ofinterest language be established in sections 74:09:01:20 and 74:09:01:21 to Article 74:09- Procedures Board of Minerals and Environment as noted in Appendix 

### A. Thesetwo sections specifythe conditions when a Board member maynot participate in a contested case hearing, and are based on case law ofthe South Dakota Supreme Court concerning board member conflicts ofinterest in contested case proceedings held under SDCL ch. 1-26 

### (Armstrong v. Turner CountyBoard of Adjustment, 2009 SD 81).

5

# APPENDIX A

REVISIONS TO

ADMINSTRATIVE RULES 

# OF SOUTH DAKOTA 74:09

### Chapter 74:09:01

Section ARTICLE 74:09

PROCEDURES-- BOARD OFMINERALS AND ENVIRONMENT



### Contested case procedure.

CHAPTER 74:09:01

CONTESTED CASE PROCEDURE



### 74:09:01:01 Petition to initiate contested case. 74:09:01:02 Board initiation ofcontested case. 74:09:01:03 Answer to petition to initiate contested case. 74:09:01:04 Intervention in contested case. 74:09:01:05 Initiation ofenforcement hearing. 74:09:01:06 Intervention in enforcement hearings not allowed. 74:09:01:07 Pleadings to be filed with department. 74:09:01:08 Appointment ofchair ofhearing.

A-I

### 74:09:01:09 Motions. 74:09:01:10 Prehearing conference. 74:09:01:11 Notice ofcontested case. 74:09:01:12 Subpoenas. 74:09:01:13 Conduct ofhearings. 74:09:01:14 Transcripts. 74:09:01:15 Service. 74:09:01:16 Degree ofproofrequired. 74:09:01:17 Appointment ofhearing examiner. 74:09:01:18 Decision ofboard. 74:09:01:19 Findings offact, conclusions oflaw, and orders. 74:09:01:20 Board member conflict ofinterest 74:09:01:21 Board member potential conflict ofinterests

ARSD 74:09:01:20. Board member conflict ofinterest. 

### A board member who is personally related to a party involved in a contested case hearing bytwo degrees ofconsanguinity, who has
a direct financial interest in a party involved in a contested case hearing through employment or by contract, orwhose spouse is employed by ordirectly contracts with a party involved in a contested case hearing, may not participate in a contested case proceeding concerning that party. The member shall make an oral statement ofrecusal on the record at the initiation ofthehearing in the contested case. A recused member may not participate in board discussions or decisionmaking regarding that contested case proceeding. Source:

A-2General Authority: SDCL 34A-l-6, 34A-6-L6, 34A-6-1.14, 34A-ll-9, 45-9-13. Law Implemented: SDCL 1-26-27, 34A-l-21, 34A-1-43, 34A-l-44, 34A-1-45, 34A-1-

ARSD 74:09:01:21. Board member potential conflicts ofinterests. A potential conflict of interest is an indirect financial interest, ora personal relationship or another interest in a party involved in a contested case hearing or enforcement hearing that is different from that ofthe general public, that a reasonable person would believe mightresult inbias orprejudgment ofa contested case hearing. Board members shall disclose any potential conflict ofinterest in a contested case proceeding on the record at the initiation ofthe hearing, orduring the hearing if theybecome aware ofthe existence ofa potential conflict ofinterest. Upon its own motion or the motion ofa party, the Board mayrecuse a member with apotential conflict ofinterest ifit determines that the potential conflict ofinterest raises an unacceptable risk ofbias or prejudgment in the contested case proceeding. Source: General Authority: SDCL 34A-l-6, 34A-6-L6, 34A-6-1.14, 34A-ll-9, 45-9-13. Law Implemented: SDCL 1-26-27, 34A-I-21, 34A-l-43, 34A-1-44, 34A-1-45, 34A-IA-3

### March 14, 2014
Max Barnett Ace Ready Mix, Inc. 2001 N Bahnson Sioux Falls, SD 57103-4419 Dear Mr. Barnett: - - -- -- -------------------
DEPARTMENT OF ENVIRONMENT and NATURAL RESOURCES JOE FOSS BUILDING

523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 denr.sd.gov



### The Board ofMinerals and Environment will hold a public hearing to consider the proposed amendment to article 74:09. Section IIO(a)(l) and (2) ofthe Clean Air Actrequires each state to review its state implementation plan each time EPA revises or adds a criteria air pollutant national ambient air quality standard. Recently, EPA determined that many ofthe state implementation plans, including South Dakota's, relating to Section 128 ofthe Clean Air Act were not sufficient. Section 128 ofthe Clean Air Act specifies the requirements for a state board or body that approves air quality permits or enforcement orders. The effect ofthe rules will specify the conditions when a Board member may not participate in a contested case hearing. The reason the rules are being adopted is to meet the requirements in Section 128 ofthe Clean Air Act and to allow South Dakotato maintain delegation ofits air quality program. Enclosed is the public notice for the public hearing on April17, 2014, at the Matthew Environmental Education and Training Center, 523 East Capitol Avenue, Pierre, South Dakota. The purpose ofthe public hearing is to receive and considertestimony onthe adoption of amendments to Administrative Rules ofSouth Dakota, Article 74:09- Procedures- Board of Minerals and Environment. Copies ofthe proposed amendments may be obtained, without charge, by calling Teresa Williams at (605) 773-3151. You can also access the rule changes through the department's web page at http://denr.sd.gov/public/default.aspx. Feel free to call me at (605) 773-3151 with any comments, opinions, or suggestions you may have on the proposed revisions. Sincerely,
Kyrik Rombough Engineering Manager I Air Quality Program Enclosure

# le Max Barnett Ace Ready Mix, Inc. 2001 N Bahnson Sioux Falls, SD 57103-4419
Gary Heckenlaible Action for the Environment PO Box 291 Rapid City, SD 57709-0291

Tim Kinsley Alumax Extrusions Inc 2500 Alumax Road Yankton, SD 57078-9399

John Erickson Anderson Western Inc PO Box 2319 Bismarck, ND 58502-2319
Toby Crow Associated General Contractors ofSD 300 East Capitol Pierre, SO 5750I

Eric Brunnemann Badlands National Park POBox6 Interior, SD 57750

Bill Beavers Barnes Hay & Feed Company PO Box 68 Gayville, SD 57031-0068 Richard L Fort Action for the Environment 11307 Black Forest Rd Lead, SD 57754

James Nygaard Aggregate Construction Inc PO Box 239 Minot, ND 58702-0239

Keith Andersen Andersen Engineers PO Box 446 Edgemont, SD 57735-0446

William Bartholow Asphalt Paving & Materials Company RR3 Box 94 Huron, SD 57350-9306

Charles Mickel Attorney at Law PO Box2859 Rapid City, SD 57709-2859

David Nelson BAE Systems PO Box 1947 Aberdeen, SD 57401
Jerry Menge Basin Electric Power Company 1717 Interstate Avenue Bismarck, NO 58501Max Main Bennett Main & Gubbrud 618 State St Belle Fourche, SD 57717-1419

Blaise Emerson BH Council ofLocal Govts 730 E Watertown Suite 102 Rapid City, SD 57701

Janet Ryan Black Hills Alliance PO Box 2508 Rapid City, SD 57709-2508

Black Hills Group

- Sierra Club PO Box 1624 Rapid City, SD 57709-1624

Nancy Hilding Black Hills Regional Multiple Use Coalit PO Box 788 Black Hawk, SD 57718

Delvin Deboer Board ofCertification 3466 Shadow Wood Ln West Fargo, ND 58078-7954

Glenn Blumhardt Board ofMinerals and Environment 2014 6th Ave Box 134 

# e Bowdle, SD 57428-0134 Mitch Mahrer Bernard Mahrer Construction PO Box 57 Rutland, ND 58067
Jerry Bajari Bituminuous Paving Inc POBox6 Ortonville, MN 56278

Tim Rogers Black Hills Corporation PO Box 1400 Rapid City, SD 57709-1400

Dean Berger Black Hills National Forest 1019 North 5th Street Custer, SD 57730-8214

Darrel Hoyer Black Top Paving Company 800 S 7th Ave Sioux Falls, SD 57104-5123

Lee M McCahren Board ofMinerals & Environment 114 N. University Street Vermillion, SD 57069

Peter Bullene Board ofMinerals and Environment 301 20th Avenue SE Watertown, SD 57201 I IRexford Hagg Board ofMinerals and Environment 1721 West Boulevard Rapid City, SD 57701
Doyle Karpen Board ofMinerals and Environment 47946 332nd Street Jefferson, SD 57038

Bob Morris Board ofMinerals and Environment 117 5th Avenue PO Box 370 Belle Fourche, SD 57717

Keith Brokke Border States Paving Inc PO Box 2586 Fargo, ND 58108-2586

Dennis Bucher Bureau ofLand Management 310 Round Up Belle Fourche, SD 57717-1618

Butte County Commissioners 839 5th Avenue Belle Fourche, SD 57717-1797

John Carlson Carlson Construction PO Box 1832 

# e Winner, SD 57580 Linda Hilde Board ofMinerals and Environment 104 Woodland Drive Madison, SD 57042-0019

Dennis Landguth Board ofMinerals and Environment 613 Alta Vista Court Rapid City, SD 57701

Richard C Sweetman Board ofMinerals and Environment PO Box 2320 Sioux Falls, SD 57101

JeffBroin Broin Enterprises PO Box 330 Washington Street Scotland, SD 57059

Allen Ollila Bureau ofLand Management 99 23rd Avenue W Dickinson, ND 58601-2619

Robert Melvin c/o Denver Federal Center PO Box 25546 Bldg 41 

### Rm 240 Denver, CO 80225-0546

Kevin Keckler Chairman Cheyenne River Sioux Tribe PO Box 590 Eagle Butte, SD 57625-0590Charlotte Kraft Citation Publishing 7729 E Greenway Rd Ste 300 Scottsdale, AZ 85260-1734

Brett Limbaugh Director Community Planning and Develoment Services 300 6th Street Rapid City, SD 57701-2728

Brandon Sazue Sr Chairman Crow Creek Sioux Tribe PO Box 50 Fort Thompson, SD 57339-0050

Dan Odegard DakotaMilling & Grain POBox 2340 Rapid City, SD 57709-2340

Alex Huff Dakota Southern Railroad PO Box436 Chamberlain, SD 57325-0436

Stan Michals Dept. ofGame Fish & Parks 4130 Adventure Tr Rapid City, SD 57702-4804
Larry Johnson Dustcoating 4463 50th StNE Buffalo, MN 55313-3722 EugeneHoug City ofYankton PO Box 176 Yankton, SD 57078

Jon Mulloy Concrete Materials Company PO Box 84140 Sioux Falls, SD 57118
Bradley Cundy Cundy Asphalt Paving Construction Inc PO Box 2469 Gillette, WY 82717-2469

Dixie Hendricks Dakota Rural Action PO Box 549 Brookings, SD 57006

Charmaine White Face Coordinator Defenders ofthe Black Hills PO Box 2003 Rapid City, SD 57709

Chris Duininck Duininck Brothers Inc PO Box 208 Prinsburg, MN 56281

John Mulloy Ellis & Eastern Railroad 1201 W Russell Sioux Falls, SD 57104

# A William McCollam 

# 'W Ellsworth AFB 28 CES/CEV 2125 ScottDrive Ellsworth AFB, SD 57706
Amy Platt SP-AR EPA Region VIII 1595 Wynkoop Street Denver, CO 80202

Rich Schruger Fisher Industries PO Box ll20 Spearfish, SD 57783-7120
Anthony Reider President Flandreau Santee Sioux Exce Com PO Box 283 Flandreau, SD 57028-0283

Terese Hruska Golden Reward Mining Co 10928 WharfRoad Lead, SD 57754-9704
Kathy Glines Harding County Auditor PO Box 26 Buffalo, SD 57720-0026

Dave Ohlen Hills Materials Company PO Box 2320 

# e Rapid City, SD 57709 Cathy Atkins Env & Gov Affairs Coordinator EPA Region VIII 721 19th Street, 4th Floor Rm. 427 Denver, CO 80202-2500

Scott LaFond Fisher Industries PO Box 1034 Dickinson, ND 58602

Vince Wallace Fisher Sand and Gravel Co PO Box 1034 Dickinson, ND 58602-1034

Jim Anderson Environmental Director GCC Dacotah Inc PO Box 360 Rapid City, SD 57709-0360

Dell Majure Graphic Packaging International 100 Graphic Pkg. Int. Way Macon, GA 31206

Harold Higman Higman Sand & Gravel Inc PO Box 109 Akron, IA 51001

Eric Leverson Hodgman W & Sons Inc PO Box 3069 Mankato, MN 56002-3069

# A ToddDuex 

# W Homestake Mining Company 11457 Bobtail Gulch Street Central City, SD 57754
Andy Detwiler Institute ofAtmospheric Sciences 501 EStJoseph Street Rapid City, SD 57701

Marcia Bowes Jamir Reclamation Inc 2915 22nd AvenueS Brookings, SD 57006

Kenneth Jensen Jensen Rock & Sand Inc PO Box 609 Mobridge, SD 57601

Donald Thomson Lake County LEPC 200 E Center Madison, SD 57042

Edith Lien Lien Transportation PO Box40 Aberdeen, SD 57401

Don Stella McLaughlin & Schulz Inc PO Box 201 

# e Marshall, MN 56258 Philip Mitzel Hub City PO Box 1089 Aberdeen, SD 57402-1089
Jerry Wagner J&J Asphalt Company PO Box 7105 Rapid City, SD 57709

John Fraser JD Concrete Products RR #5 Box 467C Mitchell, SD 57301

Koch Industries Inc PO Box 2256 Wichita, KS 67201-2256

Jay Van Den Top LG Everist Inc PO Box 5829 Sioux Falls, SD 57117

Michael Jandreau Chairman Lower Brule Sioux Tribe PO Box 187 Lower Brule, SD 57548-0187

Robert Heidgerken County Commission Chair Meade County 22372 W Nike Rd Rapid City, SD 57701Meade County Commission 1300 Sherman Street Ste 212 Sturgis, SD 57785

Midwest Assistance Program PO Box 81 New Prague, MN 56071

Mrg Simon Missouri River Energy Services 3724 W Avera DR Sioux Falls, SD 57108-5750

Milt Morris Morris Inc PO Box 1162 Pierre, SD 57501

Ron Ness ND Petroleum Council 120 North 3rd Street Bismarck, ND 58501

Bob Cullum Nutech Corporation PO Box 872 Custer, SD 57730-0872

Marc Thoma Otter Tail Power Company PO Box 496 

# e Fergus Falls, MN 56538-0496 Doug Antonson Mereen-Johnson Machine Company 4401 Lyndale Avenue North Minneapolis, MN 55412

Donald G Sinning Minnehaha Sportsmen Cons Club 1408 South Severn Lane Sioux Falls, SD 57106-3321

Andrea Stomberg Montana Dakota Utilities Company 400 N 4th Street Bismarck, ND 58501
Myrl Unzelman Myrl & Roys Paving Inc 1300 N Bahnson Sioux Falls, SD 57103

Sara GreffDannen NorthWestern Energy 3010 West 69th Street Sioux Falls, SD 57108
Bryan V Brewer President Oglala Sioux Tribe PO Box 2070 Pine Ridge, SD 57770-2070
George Kruse Pacer Corporation Company PO Box 912 Custer, SD 57730-0912

# A Joel Brannan 

# W Pete Lien and Sons Inc PO Box 440 Rapid City, SD 57709-0440
Jerry Holsapple PSI 2361 S Plaza Drive Rapid City, SD 57702
Hugh Dodson Raven Industries 1813 NE Avenue Sioux Falls, SD 57104-0359
Ralph Miller Ryder Commercial Leasing & Services 1717 West Rillito Tucson, AZ 85745

Dennis Davis SD Assoc ofRWS 203 Center St W Madison, SD 57042

Steve Willard SD Electric Utility Companies PO Box 247 Pierre, SD 57501-0247

SD Peace 

### & Justice Center 4809 S. Twin Ridge Road Sioux Falls, SD 57108-2902 Conservation Chair Prairie Hills Audubon Society PO Box 1624 Rapid City, SD 57709

Bob Kappel Environmental Manager Public Works-Environmental 1

017 East Chambers Street Sioux Falls, SD 57104

Sharon Chaples Royal C Jolmson Veterans Hospital PO Box 5046 Sioux Falls, SD

Rebecca Cradduck SD Assoc ofHealth Care Organizations 3708 Brooks Place Suite 1 Sioux Falls, SD 57106

Steve Hasenohrl SD Dept ofAg Div ofWildlife Fire Supp 4250 Fire Station Rd, STE 2 Rapid City, SD 57703

Yvonne Taylor SD Municipal League 208 Island Dr Ft Pierre, SD 57532

Dawna Leitzke SD Petroleum Marketers Assoc PO Box 1058 Pierre, SD 57501-1058

# A Lawrence Novotny Chairperson 

## W SD Resources Coalition 928 8th Street Brookings, SD 57006

Richard Waldner SD State University Box 2201 Brookings, SD 57007

Ann Phillips SEMA 1575 S Valley Vista Drive Diamond Bar, CA 91765

Tim Gossman Simons Construction Company PO Box 397 Rapid City, SD 57709-0397
Lynne Keller-Forbes Southeastern Council ofGovernments SOON. Western Avenue, Suite 100 Sioux Falls, SD 57104

Richard Waldera Spencer Quarries Inc PO Box 198 Spencer, SD 57374

Dave Archambault II Chairman Standing Rock Sioux Tribe POBoxD 

# e Fort Yates, ND 58538-0522 SD Rural Electric Assoc PO Box 1138 Pierre, SD 57501-1138

Chris Hesla Executive Director SD Wildlife Federation PO Box 7075 Pierre, SD 5750I

Sierra Club 45 E Loucks St Ste 109 Sheridan, WY 82801-6329

Robert Shepherd Chairman Sisseton-Wahpeton Oyate PO Box 509 Agency Village, SD 57262-0509

James Nelson Spearfish Canyon Owners Association 2122 Mustang Ln Spearfish, SD 57783-9593

Mike Lipp St Lukes Midland Regional Medical Center 305 South State Street Aberdeen, SD 57401

Pete Bendix Stann ark 700 E 48th StN Sioux Falls, SD 57104Nanette Dailey State ofSouth Dakota 700 E Broadway Avenue Pierre, SD 57501-2586

Steven Void Toshiba 901 North Foster Mitchell, SD 57301

Ali Farnoud PhD Trinity Consultants 12445 55th St N Ste A Lake Elmo, MN 55042-7402

Scott Larson US Fish & Wildlife Service 420 S Garfield Pierre, SD 57501-5408

Mike Opitz Weatherton Contracting Company Inc 361 Sunset Dr Beresford, SD 57004-1938
Superintendent Wind Cave National Park 26611 US Highway 385 Hot Springs, SD 57747-9430

Brian Gustad Yankton County Highway Department PO Box 174 

# e Yankton, SD 57078-0174 WayneHoeke T & R Electric Supply Company Inc. PO Box 180 Colman, SD 57017-0180

Katherine Edwards Trinity Consultants 12445 55th St N Ste A Lake Elmo, MN 55042-7402

Norm Siler Union Pacific Railroad 1416 Dodge Street Omaha, NE 68179-0930

JohnM Smith USAF AFLSA/JACE-CR 525 Griffin Street- Suite 505 Dallas, TX 75202-5023

Ron Waterland WharfResources (USA) Inc. 10928 WharfRoad Lead, SD 57754-9710

John Chelstrom Xcel Energy 414 Nicollet Mall Minneapolis, MN 55401

Robert Flying Hawk Chairman Yankton Sioux Tribe PO Box 1153 Wagner, SD 57380-1153

## A Scott Ridgley 

## W Zieglar 8050 State Hwy 101 Shakopee, MN 55379

Dale Cockrell PO Box 7370 Kalispell, MT 59904

Paul Jansen RR#3 Box62 Madison, SD 57042

Lynn Namminga 12 Lincoln Avenue Deadwood, SD 57732

Randy O'Neill PO Box 622 Lead, SD 57754

George Vaught Jr PO Box 13557 Denver, CO 80201-3557

Don Bailey 22625 N Rochford Rd Rochford, SD 57745-6007 Russell Carver 2010 Windmill Drive Spearfish, SD 57783

Jenny Conger 621 8th Street Brookings, SD 57006

Diana Melvin 4050 SD Highway 34 Pierre, SD 57501

Betty Jo Njos PO Box 266 Rhame, ND 58651

Dave Sandidge PO Box 172 Deadwood, SD 57732-0172

Merwin Alfemess PO Box 392 Hill City, SD 57745-0392

Rex Gulickson 47948 2567th St Garretson, SD 57030-6053Ingrid Long Soldier 26551 20 Mile Rd Custer, SD 57730-9100 -- - ------------------------

Mark Watson 315 Seaton Cir Spearfish, SD 57783-3212Williams, Teresa**~om:** Went: To:

Subject: Attachments:


### March 14, 2014 Dear Sir or Madam: ----**----------------------------------~------------**

Williams, Teresa Friday, March 14, 2014 8:44AM Adam Hurlburt; Allen Ollila; Alvin Toups; Anderson, Mark; Angie Rawlinson; Anita Shields; Anthony Deloach; Argus Leader; Associated Press; atg.openmeetagenda@state.sd.us; Baker, Nathan (GFP); Barbra Landreth, PE; Bender, Lawrence; Berven, Brad; Best, Diane; Betty Njos; Bill Fulton; Bill Rich; Binegar, Brenda; Bob Bachman; Bob Mercer; Bob Wilcox; Bowers Oil and Gas, Inc.; Brandy Brunson; Brunner, Ryan; Carolyn Trautman; Cepak, Mike; Christi Wood (Continental Resources); Chuck Tinsley; Clark Blake; Cline, Tom; Craig Perry; Dahl, Lucy (DENR); Dave Vickers; Dawna Leitzke; Debra Petres; Dennis Davis; Dennis haan; Dennis Johnson; Dennis Zander; Derric lies; Don Kessel; Dwight Gubbrud ; eowyn corral; Eri Senger; Erickson, Michael; Fitzpatrick, Ryan; Fosha, Mike; Fred Carl; Fridley, Kevin; Ganje, Sue; Gary Tescher; George D. Acton; George Kruse; George Shurr; Giedd, Roxanne; Glines, Kathy; Gloria Ramirez; Goodman, Jeanne; Gordon Carlson; Graves, Bret; Greg henderson; Greg Vance; Gustafson, Brian; Hegg, Jenny; Holm, Eric; Hudson, Roberta; J Robert Tuck; Jack Siebold; James River WOO; James Sullivan; Jerri Baker; Jerry Boyer; Jerry Derr; Jim Canon; Jim Edwards; Jim Kent; Jodie Hettinger; John Frederickson; John Fredrickson; Johnson, Darren; Julie M. Johnson; Kallasandra Moran; KathyJohnson; Kathy Zander; Ken Luff; Kirk Chaffee; Kjaersgaard, Jeppe; Klenner, Jeff; Krein, Patty; Larry McConnell; Larson, Vern; Lavern Koch; Lee Ann; Lee Greene; Leslie Petersen; Lilias Jarding; Liz Ortiz; Lyn Entzi-Odden; Lynn Moser; Magedanz, Tom; Maggie Dalthorp; Main Max; mar: Depenbusch; Marion Hespe; Markley, Bill; Marshall, Tom; Max Main; McGuigan, Charles; McQuay, Patty; Melissa Gibson; Michals, Stan; Mike Diamon; Miller, Kay; Morrison John; Murray, Vicki; Nancy Hilding; Pasqua! LaBorda; Patti Barger; Paul Kopari; Peter Macintyre; Peter Roosevelt; Pirner, Steve; Rapid City Journal; Ray, Charles; Rep. Spencer Hawley; Richard George; Robert Sandbo; Robert Vesco; Rombough, Kyrik; Ron Ness; Ron Waterland (Wharf Resources); Ronald J. Ericsson; Russell Pigors; Ryman LeBeau; Sanderson, Nathan; Schoenfeld, Fred; Scott Sumner; Sharon Ward; Shawn Pritchett; Sherry Samuels; Shilo Comeau; Smith, Kim; Sowers, Ray; Spencer Richley; Steve Willard; Tamra Brennan; Terry Gant; TerryWoster; Thomas A. Miller (Sam Harrison Co.); Thomas Hohn; Tim Kenyon; Tim Rogers; Todd Langland; Tollefsrud, Tim; Tom Graslie; Jownsend, Bob; Tracey Fallang; Trudy Schreiner; USGS; Vogt, Jay; Walsh, Brian; Williams, Rich; Williams, Teresa; Yvonne Taylor Public Notice of Rule Revisions RASD 74:09 Form 6.pdf



### The Board of Minerals and Environment will hold a public hearing to consider the proposed amendment to article 74:09. Section 110(a)(1) and (2) of the Clean Air Act requires each state to review its state implementation plan each time EPA revises or adds a criteria air pollutant national ambient air quality standard. Recently, EPA determined that many of the state implementation plans, including South**~akota's,** 

### relating to Section 128 of the Clean Air Act were not sufficient. Section 128 of the Clean Air -ctspecifies the requirements for a state board or body that approves air quality permits or • enforcement orders. 1**--~~-------------,**



# .. The effect of the rules will specify the conditions when a Board member may not participate in a a,ntested case hearing. The reason the rules are being adopted is to meet the requirements in Section W"8 of the Clean Air Act and to allow South Dakota to maintain delegation of its air quality program. Attached is the public notice for the public hearing on April17, 2014, at the Matthew Environmental Education and Training Center, 523 East Capitol Avenue, Pierre, South Dakota. The purpose of the public hearing is to receive and consider testimony on the adoption of amendments to Administrative Rules of South Dakota, Article 74:09- Procedures- Board of Minerals and Environment. Copies of the proposed amendments may be obtained, without charge, by calling Teresa Williams at (605) 773-3151. You can also access the rule changes through the department's web page at http:/ /denr.sd.gov/public/default.aspx. Feel free to call Kyrik Rombough at (605) 773-3151 with any comments, opinions, or suggestions you may have on the proposed revisions. Sincerely,

Teresa Williams Secretary DENR- Air Quality

2Williams, Teresa

.. orom:**.eD~nt:**



# •

t To: Subject: Attachments:



### 'Teresa 1Vi{[ia:ms Secretary V'E:NX -Air 

### Quarlty (6os) 773-3151 Williams, Teresa Monday, March 17, 2014 9:22AM 'dennis.zander@fidelityepco.com' Public Notice Form 6.pdf; Public Notice.docx

1IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES AFFIDAVIT OF MAILING NOTICE TO INTERESTED PARTIES


### We, Kyrik Rombough and Teresa Williams, under oath, do swear, that on March 14'h, 2014,


### we mailed and emailed a copy of the notice attached to this affidavit to the list of persons attached to this affidavit. I further swear that the attached list is a true and correct list of all persons who have requested advance notice ofrule-making proceedings by the Department of Environment and Natural Resources.

Subscribed and sworn to before me this 

# ,;ll day of 

# March,

# 2o.d... _JjnJfflik

# {1ft,~ Notary Public

- South Dakota (Seal) My Commission expires

_____ ,20**B~NDAAND~N,N~~** MyCommiaionElplm

Odober26,2016Williams, Teresa

To:
Subject: Attachments:


### March 12, 2014 Williams, Teresa Wednesday, March 12, 2014 1:13 PM 'aan-legals@aberdeennews.com'; registeradvertising@brookingsregister.com; editor.plainsman@midconetwork.com; 'ads@madisondailyleader.com'; dailyclass@mitchellrepublic.com; 'legals@capjournal.com'; legals@rapidcityjournal.com; Argus Leader; dru@bhpioneer.com; legals@thepublicopinion.com; news@yankton.net Public Notice Form 6.pdf; Public Notice.docx



### Attention: Legal Advertising Manager Dear Sir or Madam: Please publish the enclosed Legal Notice(s) in your paper as a legal line ad on or before the 17'h day of March, 2014. For payment, submit an affidavit of publication along with a bill indicating the rate charged per line or -nch to the following address: Teresa Williams Department of Environment and Natural Resources Division of Environmental Services - Air Quality Program 523 East Capitol, Joe Foss Building Pierre, South Dakota 57501 

### A new state law (effective July 1, 2009) now requires that our public notices include additional language regarding the cost to publish the public notice. The line that must be completed with a dollar amount will now appear at the bottom of the public notice. Please indicate the dollar amount before publishing in your newspaper. If you should have any questions, please contact me at 773-3151. Sincerely,

Teresa Williams**~ecretary** 

### .ivision of Environmental Services

1Williams, Teresa Arom: Went: To: Subject: Attachments:


### March 12, 2014 Williams, Teresa Wednesday, March 12, 2014 2:42 PM Ruby Crandall
- Plainsman (rnewman.plainsman@midconetwork.com) Public Notice Form 6.pdf; Public Notice.docx



### Attention: Legal Advertising Manager Dear Sir or Madam: Please publish the enclosed Legal Notice(s) in your paper as a legal line ad on or before the 17th day of March, 2014. For payment, submit an affidavit of publication along with a bill indicating the rate charged per line or inch to the following address: Teresa Williams Aepartment of Environment and Natural Resources .-c,ivision of Environmental Services

- Air Quality Program 523 East Capitol, Joe Foss Building Pierre, South Dakota 57501 Anew state law (effective July 1, 2009) now requires that our public notices include additional language regarding the cost to publish the public notice. The line that must be completed with a dollar amount will now appear at the bottom of the public notice. Please indicate the dollar amount before publishing in your newspaper. 

### Ifyou should have any questions, please contact me at 773-3151. Sincerely,

Teresa Williams Secretary Division of Environmental Services enclosure(s)

1

# RECEIVED MAR 19 2014 AIR QUALITY 

### AFFIDAVIT OFPUBLI STATE OF SOUTH DAKOTA} 

### § COUNTY OF**Bf~;;r}**

### ~\.) being duly sworn, on his/her oath says: That**,--1--j~~"!/.Cf.~N:<;E;:;';.;W';;S,-,is--:a-d-;a-;i.,-ly_n.ewspaper** of general circulation, printed and published i Aberdeen, Brown County, South Dakota, by the Aberdeen News Company, a corporation, and has been such a newspaper during the times hereinafter mentioned; That affiant is an employee and principal clerk ofsaid publisher and has personal knowledge of all facts sta in this affidavit; That the advertisement headed:**~~** 

# 17Ljy 

# J

a printed copy ofwhich is hereunto attached, was printed andpublished in the regular and ·re issue of said newspaper, and not in a suppl ent thereof, once each for / successive "'""'"-'1-<'--o,J,.,..,.-=,--· =T:-he-b"S7-u.,-,bl;:-ic-at"'io_n. being made on the 

### 2 day

### o·{.f!.~=·o!..)--:2014 The secondpublicationbeing made on the
___ day of 2014 The third publicationbeing made on the dayof 20I 4 The fourth publication being made on the dayof 2014 The fifth publication being made on the day of , 2014 The sixthpublicationbeing made onthe day of 20I 4 That said newspaper is a legal newspaper published five days or more each week; with a bona tide circulation ofmere than two hundred copies daily; published in the English language within the said county ofBrown for more than one year priorto the first publication of said notice; and printed in whole in an office maintained at the place ofpublication ofsaid newspaper; That the whole amount ofthe fee paid for the publication ofthe annexed notice is$ 

# tf:J3 <

## /1) , which insures solely to the benefit ofsaid publisher; That no agreement or understanding for a division thereof had been made with any other person; and That no part thereof has been agreedtobepaidto anyperson whomsoever.

worn' before me this

# h_day

# o~/J.J Daily Circulation 

# ,3 I 

# c:;-o{) '2014**!.l'i0-11~915) ~;~T**  (March 17, 201'4. t.f.)
- ' '**~~~:"'11' ARDCLE74~**  ' PROCEDURES

### BoARD'.'!~ OF MINERALS AND**ENVIR~**

NODCE.OF PUBUC;HEARJrC;:: TO'REVISE**RU~** ·'«<"'"""'

.**~-~-** .\. The Board of M'".er81s ail_d_·.Envi,tMment will hold a public hearing In the**~ew** Environmental**Educatipn·aitd-~ng** Center, 523 East·capitol**Ave·nu~_;trre,** South Dakota, .1?" April 17,**_2~.** at 10:00.a.m. central time,**to,_con~_e** pl"(lpose'd amendments to ·artic;te**--~** by adding sections 74:09:0l:2'Q,ifnd 74:09:01:21. Section 110(a)(1) and (:2') of th.e:>Ciean Air· Act requires each state to review its state implementation plan·each time EPA l"e'(ises or adds a criteria ai_r. polli\fjat-oa-' tionai·al)'lblent- air quality stand./f"oltowlng the _change to the**stan~..** "''."' state has a three year periodto'lt:flwate the state's plan and lmplemen);4'""[.,revised'regulations. At the end**of.~e&** year period, the state is requifed·t6 CMtlfy the· infrastructure of its ptan Is eiibtyafent to EPA's regulations and Is**me~iil)s** the**requiren:~ents** of the Clean Air**~e** cently, EPA determined**thatfn~e** stale im)>tementatlon plan'S,**.r~ng** South Dakota's, relating to Sect1Qfl"128 of the Clean Air Act requlrement

..**~not** sufficient. Section 128 ofthe creiiR<Act specifies the requirementS tor1i"sfate board or body that" approves**a.i.;~J)Iity** pennits or enforcemElnt**orders~ ·~.**  · '

. {,\.JUJ The effect ofthe rules will speclfy_thewndltlons when a Board member .iJJ'WJ!ot participate in a conteste_d case.,_.rlng. The reason the rules are being**adO~** Is to meet the requirements ln sect!Oii -\28 of the Clean Air Act and to allow.o.§..opth Dakota to maintain delegation oMtstair quality progr.am. .,_._. t q,_;, I Persons Interested in.**presentiri&.·~~ta,** oplnions, and arguments for or againstple proposed amendments maydo so by·tlppearlng In person at the hearr&t'by submitting written comments to**th,t~Oj.Jth** Dakota Department of EnvlronmeAt**~nd** Nirtural Resources at the**mailing~. ~**  U\atappears below

.. Material**s~** rbail must reach department by the**'eros~·** of business on April 16, 2014; to be considered. • ' After the heal-ing, the Board of Mine(ars and Environment will consider all written and oral comments It receives on the Rroposed amendments. The Board of**Mi~er** als and Environment may modifyjor amend a proposed rule at thattJme to' Include or exclude matters that are**~a** scribed In this notice. 1

. 

### ' Notice Is further given to indlvlduals·With dlsal:lllltles thatthis hearing Js·belng h'etd In a physically accessible place. Ple.se notify the department at least48 hOJ.Irs before the public hearing. ifyou have special needs. for Which Spe.ci.al 8r3an a- ments must be made. The te!&Ph ne nJ,Jmber for making special arra{tg ts Is (606) 773-3151'.

. I w ' cOpres ofthe proposed rules**!flll~** Pbr---rr---r...-,,--,.----------------------------------talnedwithout charge from · ,.,., ; ' Kyrik Rombough, Engineering Manager I South Dakota Department of**EnVIronm~nt** and Natural Resources'

. 1 523 East Capitol, Joe Foss Building · Pierre, South Dakota 57501 (60S)**173-3~51** 

### ' or from the following website:

.**,~** 1, http:;**/denr.st:l:govfp~bllc/ defiiu,rt.a~**  Steven M. ,Pimer, Secreta.y 1 My commission expires
___ March 20, 2019 Department of Environment and Natl,lral**L_~:_==~==~===-==~~~::~:::::_::~::::::::::::::::::::::::::::::::::::::::::::::::R~urces** 1 L-------------------------------------------Publish1td once at. the total

### .aPJltDXI~~te cost of $63.10 · ' :**·.'·~**Affidavit of Publication

# RECEIVED State of South Dakota 

# APR 07201\ ss County of Brookings 

### AIR QUALITY 

## PROGRAM Jennifer Milligan of said county, first duly sworn, on oath, says: That she is the office clerk ofTHE BROOKINGS REGISTER, a daily newspaper, printed and published in the City of Brookings, in said County of Brookings, and State of South Dakota; that she has full and personal knowledge ofthe facts herein stated; that said newspaper is a legal newspaper and has a bona fide circulation of at least two hundred copies of each issue daily; that said newspaper has been published within the said County of Brookings and State of South Dakota, for more than one year prior to the first publication of Exhibit "A," hereto attached and herein mentioned, and was and is printed that the Leg#328 Public Notice

same was published, is hereto attached marked Exhibit said newspaper for 1 times, to-wit: March 17, 2014

said Exhibit "A" inures to the sole benefit for the publishers of said newspaper; that no agreement or understanding for the division thereof has been made with any other person, and that no part thereof has been agreed to be paid to any person whomsoever; that the fees charged for the publication thereof are: thirty-three dollars and forty-nine cents $33.49

March AARON JORENBY**~NOTARY PUBLIC~** **~SOUTH DAKOTA~** 

Notary Public in and for the County of Brookings, South Dakota. My Commission expires February 22, 2020. 

## ...

10/ Exhibit"A"

### }~~~~**74~t~!/f 1**  "(' J2l)qf the Glean A.ir Act tQ .individuals; With dls-**PROCEDUR~S** 1 ·::·'**~~** req_olres eacl:'l. ·state
.tb abilities-thatttliSh-eannp BOARD**0~** MINERALS ,revrew .its state iniple- is being held in 

### a physrAND ENVIRONMENT menlatron plan

.each celly accessible. place. NOTICE OF PUBLIC t.rme EPA revrses. or P.le.ase .. notitv·.· , the HEARING TO REVISE adds a cntena arr poUu-

. department at feast 48 RULES tant**~atlonal** ambient air. hours before th9 Public M.The BOard of**~~~~ng·the ~i~.~~d** **:r~** hearing if you ti;tVe spe-

merals and th 'ta d d

. . . cial needs for.. which Environment ·u h ld · 9 s n ar , tne**st~te** special arrangeinents

# ~ bl' h

.. WI • 0

. .a has a three year penod mustbe made.The teleu IC eanr:ag 1n the to u!'Jd(!.te ·the stat.a's**atthe~ Env** **ronm~r:atal** plan and i.mplem.ent the phone**numb~r**Jbr**mak~** Edi,Jcatlon .and Tralmng revise.d. regUlations.· 'At ln.g.• sPeqial "'ar-rangeCenter, 523. East CapHol the end ofthethreeyear**~~~t~** ·is (6R!l)! 773-**~v~nye,** Pl_erre, .south P..EUi.tM:i
.. ,IDe state is Copies·

. .oLJb.s.:_.pro- ·**~ta, ~**  Apnl 17, "'ieliUfrt:l'ct- io certify the posed r.ules may.. be I I .• at 1O.OO a._ln. cen- . 1infraStructure of its plan obtained without ch8rge ra time, to consider the I is equivalent to EPA's from**p_ropos~d** amendments

. regulations and is**meet~** K to
. article ·74:09 by ing the requirements of**yri~** .**Rom~o~gh,** ..-- addmg sections the Clean "Alr Act**~~~~~eenng Man~~~~1a** **~!;09::Q1.:20** .and Recently, EPA deter: Department. · of

.**~9.q .21.**  mined that many ·of the Environment and

ectlon 110(a)(1) and state implementation Natural Resources plans, including 1South 523 East CapitC)I, ,Joe Dakota's, relating

. to Foss Building \ 

### j Section 128 of the Pierre, South. Dakota Cl¥-n Air Act require- 57501 ·. . ment were not sufficient. (605) .773-3151 , $action 128 of the ·or from the following

. Clean ·.Air Act specifies website: ' · the 'te_quirements for a**http://denr.sd.goV/pub~** state board or body that**lic/defau~.aspx** approves air quality per- Steven M. · Pirher, mits or enforcement Secretary · orders. Department

..of

The" effect of the rules Environment and will specify the condi- Natural Resources tions when a Board Publisl)ed once at the member may not partie- total approximate cost ipate in a contested of $33:49. case hearing. The ·reason the rules are being adopted is

.. to meet**the:~** requltlmleilts1h Sectl6n· 128 of the Clean .Air Act and to allow South Dakota to maintain delegation· of its air· quality program.

Persons interested· in presenting. data, opin- IOns, and arguments for or against the proposed amendments may do so by appearing in person at the hearing or by submitting written**com~** _,. ments to the South Dakota Department of Environment and**~** Natural, Resourc&s at ,the mailing**addr~ss** that Jtppears below. Material sent by· mail**mus~** reach department by th.e close of business on April 16, 2014, to be cons1dered.

After the hearing,the Board of Minerals and Environment will consider all'- Written and oral**comm.9~ts** it receives .on the proposed amendments
.. ' The Board "Of Minerals and Environment may modify or amend a proposed rule at that**tirri~** to include or exclude**·mat~** tars th8t

.are described In this notice.

Notice is further givenPRINTER'S AFFIDAVIT STATE OF SOUTH DAKOTA, COUNTY OF BEADLE: ss 

## RECEIVED APR 02 ZQ14 AIR QUALITY

PROGRAM I, ELDON JACOBS, being duly sworn on oath say that the PLAINSMAN is a daily paper published at Huron, Beadle County, South Dakota, and that said newspaper has a bona fide circulation ofat least• 250 copies daily; that said newspaper has been published within said county for fifty-two consecutive weeks immediately prior to this date, that said newspaper is printed in whole or in part, in an office maintained at said place of publication; that I am Legal Advertising Coordinator ofsaid newspaper and know the facts herein state. The annexed notice headed: 

### SO ENVIRONMENTAL- NOTICE OF PUBLIC HEARING
was published for one day, in said newspaper, and not in any supplement ofthe said newspaper, the publication was ofthe 

### 15TH day MARCH 2014. That the full amount ofthe fee charged for publishing is: FORTY-EIGHT 

### &74/00 dollars insures to the benefit ofthe publisher ofsaid newspaper; that no agreement or understanding for the division thereof has been made with any other person, and that no part thereof has been agreed to be paid to any person whom so ever. ural mailing address that appears below. Material sent by mail must i8ach department by the close of business on April16, 2014, to be"eonsidered.

After the hearing, the Board

.Of Mineral& and**a')"t~~=~~~~** Environment Will Consid- bJ in. per&On er--";!11 w!itten arid oral or by sub- corrimerds it**rece~** on com- the proposed liii!!>nd: merrts-:-tlfe"'lloard of neeas for which special Minerals· arid .'Environ- arrangements must be ment
.may modify or**mad~.** The telephone amend a proposed rule numbe'r for making -spe-

.at that time to include or ciaI arrangements is exclude matters that are" (605) 77.3-3151. ;"· descl-ibed in this Ootice. Copies of**the·~** pra·:-

NotiCe is further given posed rules may be to**individua~** with dis- obtained VJithout charge Kyrik Rombough. ·abilities-that thiS hearing .. from is being held in a physiEngineering Manager I South. Dakota

.DeparlljlFnt of Environment and Natural Rescurces cally accessible place. Please notify the departmerit· at ·least 48 hours before the· public hearing W you have special 52S·

### E~**09pit~o** · Joe FO§l; Btdldin

. Pierre, SoUih Dako**":~~·** ,'•.'-'\_,·;··. 5750

'

. . (605)'773-315 or from**t!1~ffoUow!r· websi!e:http.{/~.~.n~s.d.g,o**  v/public/dejaull.asif Steven_M. Pimer, '**SecretaryDePll~meoi** .**~nvironment**

## ana '**N~u'ral Res~.u~e~** **~** ·

. No,**-~_.J,91** (1\d ): l!ublished· once at t tqtal approximate cost $45.08.AFFIDAVIT OFPUBLICATION 

### AFFIDAVIT OF**PUBLICATIO~ECEIVE,.J** STATE OFSOUTH DAKOTA CountyofLake } } ss. } 

## MAR 2

## I**20:~** AIR QUALITY

PROGRAM



## ..................**§.~.~./\~.~.~**

## ..**~.~.~9.**

### .................. of the City of Madison, County of Lake, State ofSouthDakota, beingfirst duly swornonoath, deposes and says: The Madison Daily Leader is a daily legal newspaper of general circulation, printed and published in the City ofMadison, in said County of Lake, by Hunter Publishing, Inc., Jon M. Hunter, publisher, and has been such legal newspaper during the times hereinafter mentioned; that the said Madison Daily Leader has been in existence as such legal newspaper for more than one year prior to the publicationofthe notice hereunto attached, andhas during all ofsaidtimehad, and how has, more than 200 bona fide subscribers; that the undersigned, the affiant, is the
..................**~.~~r.~~.~!Y.** 

### .................. ofthe saidnewspaper, inchargeoftheadvertising departmentthereof and has personal knowledge of all the facts stated in this affidavit and theadvertisementheaded



## ...............**g.~.P..~.~~~.~~** 

## ..**<?.~.~.~.~!:.<?.~.~.~.~~.~~~**

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# ..**~.~.1.~.?.**........ printed copy of which hereunto attached, was printed and published in the said aewspaper for
.............**.9..~.~**

### .............. successive weeks, once each week and on the warne day oftheweek, onthefollowing dates, to-wit:
on ............. 

### f..(!Q?!.Y.
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...........**}~.}.!..**........... being the full amount ofthe fees for publication ofthe attachednotice inures solelyforthebenefit ofthepublisherofthe said newspaper; that no arrangement or understanding for a division thereofhas been made with any otherperson and thatno partthereofhas been agreed to be paid to any other

# personwhomsoeve~.......................

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# ...**~~SOUTH DAKOTA~<;)§**  NotaryPublic, Lake County, SouthDakota**·~~~~~~~~~~~~~~~~~~~~+** .ARTICLE 74:09 PROCEDURES BOARD OF MINERALS AND ENVIRONMENi'
. lyLeaderlM NOTICE OFPUBLIC HEARIN& TO REVISE RULES The Board of Minerals and Environment will hold a public hearing in the**M~tthew** Environmental Educabon and '!raining Center, 523 East Capitol Avenue, Pierre, South Dakota, on April17, 2014, at 10:00 a.m. central time, tQ consider the' pf!>posed amendments to· .article 74.:09 I>Y adding**~ections** 74:09.:01:20 and 74:09:01:21.

Section 110(a)(1) and (2) ofthe Clean Air Act requires each state to ·review its state implemejltatiQn plan ·each time :EPA
.reXiJOI.!>f addst:J criteri!l f'i!lf:c'polllltdilt' nati nal ambient air quality sian
. Following the change to the siandard, the statehas athree year period to update the state's plan and implement the ·revised regUlations. At
.the end of**~e** three year penod, the state IS required to ce.rtify th.e infrastructure of 1ts plan 1s equivalent to EP8s**re~lations** and is· meeting the reqUirements of the Clean Air Act,
.Recently, EPA determined that many ofthe state ·implementation plans, including South Dakota:s,**re~tirig** to Section 128 ofthe Clean**~Act** requirement were not .**suffi~nt** Section 128 of the Clean Air**·~t** specifies the requirements for, c state board or body that**app~•** airqualitypermits orenforcement orders.
. · .

The effect of t!>e rnles c will specify..the conditions when a BOard· member may not participate in a contested. case hearing. The reason the rules are being adopted is to meet the requirements in Section 128 ofthe Clean Air Act and to allow South Dakota 'to·maintain delegatioJLof its airquality P':"gram. · · . .

Persons Interested 1n**prfis~n,ting** data, opinions, and**argt~.ments** for or against ·the propOsed amendments may do so by appearing in**pe~on** at. the hearing or by subnnttmg wntten connnents to the South Dakota Department of Environment and Natural Resources at the mailing address that appears below. Material sent by mail must reach department by the close of business on April 16, 2014, to be .,,.

considered. ·

After the hearing, the Board of =Minerals and Environment will==== consider all written and oral P bcomments it receives on the

0 proposed amendme·nts, The.....**~**............. Board of Minerals and NobEnvironment may modify or................... amend a proposed rnle at that time to include or exclude matters ................... that are described in this notice. ·

Notice iS· further. given' to Rec individuals with ·disabilities that thilo hearing is being held in a physically accessibleplace
..Piease



# ........**~~~ ~t:~~~~:~=g"J}** 

# .................. you have special needs.for which special arrangements. must be made. The telephone nnmbtlr**~r** making speclal arrangements IS**(60~J** 773-3151.'.ARTICLE74;:09 PROCEDURES BOARD

OF MINERALSAND.

ENVIRONMENT NOTICE OF PUBLIC HEARINGTO REVISE RULES I The Board of Minerals iand Environment ·will**~** hold a public hearing in Ithe Matthew Environmen-

11tal Education· and Train-

1ing Center, :523 East .capitol Avenue,· Pierre, South Dakota, on April

1 17, 2014, at 10:00 a.m. central time, to consider

1the propqsed amend- ,ments to article 74:09 by adding sections 174:09:01:20 'and 174:09:01:21. ' .Section 110(a)(1) and (2) of the Clean Nr A91: ,!requires each state to re- i

,view its state implemerr 

## I

,tation .plan each time 

### IEPA revises or adds a ! criteria air pollutant na- 

### I

·tlonal ambient air quality I standard. Following the

. change to the standard, 1 I , the state has a three year period to . update· .the 

### i 

# I, 's plan and imple- i the revised regula- j

At the end of ·fhe

1 year period, the 

## I

, is required to.certify 

## I the infrastructure of ·its 1
, plan is . equivalent to

1 , EPA's regulations and is meeting the requirements of the Clean Air Act. Recently, EPA de- : termined 1that many of 1 the· state im'plementation plans, including South I

, DakOta's, relating lo Section 128 .of the.'Cle.an . .Air

# I

1 Act requirement we:re not sufficient Section 128 of 

### I the Clean Air Act specl- _fl$.J_tt:!e**reQ!!irem~ts** for. I

, a stateDoard or body 

### I \that.**~pproves** air**~uality**

1 permitS or enforCement

,orders.
· Th9 effect of ·tile rUles will specifv the condiUons when ·a: 13oard member may not participate In a contested case hearing.

1 The reason,.the·rufes are I being adopted. is to meet llhe .requirements in· Sec- / tlon 128 ·of the Clean Air

Act an'd to allow South· I Dakota to. maintain· dele- / gation of its air quality 1

program. · I

, . Persons interested in 1 I presenting data, ·opin- '

ions, .ancf ar:guments for : or against the· proposed i I amendments may do so ,: 

# Iby appearing in .person at.**t~e·.heSfing** o·r by sub-: mittlng· written :comments

- South Dakota Deant "of Environment atural Resources at 

## I . affing. liddress that appears' below. Material 1
.sent by mail must reach 

# Idepartment by the**cl~e**

of business on April 16,

__2.014..to be.considered.

. After the he'Elfing, the Board of Minerals and

. Environment will consid-

er alL written and oral comments it receives on the proposed amendments. The Board of MiOerals and Environment may lnodifv or amend a propOsed rule at that time to i.nctude or exclude matters that are desci'ibed In this notice.

Notice .is further .given to indiViduals with disabilities that this hearing is being· 'held in a . physically . accessible pl<i\.ce. Please notify !he ,
1 department at least '48 ·

1 1 hours before the public :

hearing if you have spe-

1 cia! needs for which spe-

.cial arrangements must 

### I be made. The telephone

number for making spedal arrangements is (605) 773-3151' ' I Copies of the pro1 posed rules may be ob-

1 tained without charge from ·

Kyrik Rombough, Engineering Manager I South Dakota Department of Environment and Natural Resources 523 EastCapitol, 1 Joe Foss Building 1 Pierre, South Dakota I 57501 (605) n3-3151 

### Ior from the following 'website: 

# ·I**http:it~enr.sd.gov/pub-** ,i

lic/d$tJit.aspx



# . w I 

## l

.....**J~n** ..K;;-;·pfrnei;·.........,

### I ' Secretary

1 Department of

Environment and Natural : Resources 

### IPublished once at the to- 1
1 tal approximate cost of

1 'I $91.70

. 1 AFFIDAVIT OF PUBLICATION
STATE OF SOUTH DAKOTA ) 

### )ss COUNTY OF DAVISON ) 

## RECEIVED MAR 202014 AIR QUALITY

PROGRAM

Penny Hohbach ofsaid county, being, first duly sworn, on oath, says; that he/she is the publisher or an employee ofthe publisher of The Daily Republic, a daily newspaper, published in the City of Mitchell, in said County ofDavison, and State ofSouth Dakota; that he/she has full and personal knowledge ofthe facts herein stated; that said newspaper is a legal newspaper as defmed in SDCL 17- 2-2.1 through 17-2-2.4 inclusive; that said newspaper has been published within the said County ofDavison and State ofSouth Dakota, for at least one year next prior to the first publication ofthe attached public notice, and that the notice, order or advertisement, a printed copy ofwhich, taken from the paper in which the same was published, and which is hereto attached and made a part ofthis affidavit, was published in said newspaper for _L issues(s), to wit: Monday, March 17,2014

That the full amount ofthe fee charged for the publication ofthe attached public noti.ce insures to the sole benefit of the publisher or publishers; that no agreement or understanding for the division thereof has been made with any other person, and that no part thereofhas been agreed to be paid to anyperson whomsoever, thatthe fees charged for the publication thereofare: $91.70

# Signed:~~.~
Subscribed and sworn to before me this 18th day ofMarch, 2014.

Notary Public County ofDavison My Commission Expires: 9-21-18 Prepared by: The Daily Republic, P.O. Box 1288, Mitchell S.D. 57301 605-996-5515 DES TOWNSEND

Notary Public SEAL South Dakota

### ·c

·······------------ !"HoweCalls" : Foc all those howchoiJ : jobs and proj<as. i Nopoj«tt<>O-.JI.

# [;~~:.. ·, '1,'-"



## RECEIVED MAR 2 62014 AIR QUALITY

PROGRAMMar. 15 , l20852122 'AATICLE74:09· w, • 1 PROC.DURES BOARD OF

. ·.MINERALSAND'

. ENVIRONMENT

- . NOTICE OF PUBLIC EARING T() REVISE RULES · Board of ·•Minerals and En- ment will hold a public hearIng in the Matthew· Envlronmen- ·tal Education and Training Cen-**ter~** 523 East Capitol Avenue, Pi- erre, South Dakota, on April 17, 2014, at 10:00 a.m.**centra~** time, to**consld~r** the proposed. amend- ments to article· 74:09 by adding sections 74:09:01:20 and 74:09:01:21.

Sect!oil llO(a)C1) and (2) Of the .Clean Air Act requires each state to review Its state· Implementation plan each time EPA revises or adds a criteria air pollutant na- tional ambient air quality standard. Following. the change to the standard, the state has a three vear period to update the· state's plan and implement the revised

. regulations. At the end of ·the three year Period, the state 'Is re- quired to certifY the infrastruc- ture of Its plan is equivalent. to EPA's regulations and is meeting the**requl~ments** of the Clean Air Act. Recently, EPA determined that many of t"e state implemen- tation plans, including South Dakota's, relating to· Section 128 of 

# Ithe Clean Air Act requirement

were not**sufti.~J.mt** ..--**~.**S.ectlon 128 of the Clean Air-.Acv;:,peelfles the re- quirements for'· a '"State board or body that approves air quality permitsorenforcement**.orde~.,** , The**e~** of. the rules _Yi_•_l_l specIfY the conditions- when a Board member may not participate In a contested case hearing. The rea· son th& rules are being adopted Is to meet the requirements 'In Section 128 of the Clean Air Act and to

- South Dakota to maintain**~tlon** of its air qualltv· proarsons Interested in PresentIng dafa, opinions, and arguments for or against ·the · proposed amendments may do so by ap- pearing In person at the hearing or by submitting written com- ments to the- South Dakota·· Department . of Environment and

, Natural Resources at the mailing

.address that appears below. Material sent by mall must reach department by the close of business on Aprll16, 201-4, to be-considered.

After the hearing, the Board of Minerals and Environment will conilder all written and oral ·com- ments It receives on the proposed amendments. The Board of Minerals and Environment may modify or amend a proposed rule at that time to Include or exclude matters that are described In this notice.

Notice Is further given to lndi· vlduals with disabilities that this hearing Is being held· In a**physi~** cally accessible place. Please no- tify. the department at least 48 · hours before the public hearing If YOU haye special needs for which special arrangements. must be made. The telephone number for making special arrangements Is (605) 773-3151.

Copies of the proposed ' rules may be obtalried without charge from KYrlk RombOugh, Engineering Manager I South Dakota Depal"hnenf

Of Environment and Natural Resources 523 East CCipJtol, 

# e Joe Foss Building Pierre, South DakOta575t1 {605) 773--3151 or from the following website: htfp://denr.sd.gov/Publh::/default.aspx

/5/Steven·M. Plrner, SecretarY Department of Envl· ronment and Natural Resources
1 (Published once ot the total opproxlj matecostof$n.28).
. 

# fl_f{itfavit 

# of CJlu6Bcation RECEIVED Srr'JN!E OPSOVTJrC])Jl'l(O'J}iJ. 

## MAR 2 12014 County 

# of Pennington SS: AIR QUALITY PROGRAM 

## r.Brandyn Cra-riford6eingfirst du{y sworn, upon liis/lier oatli says: 'Iliat lie/slie is now andwas at a{{time liereinafter mentioned, an empfoyee 

# of tlie CJ{llPJC]) CITY]OVCRJ{}lL, a corporation 

# of CJ(apid City, Soutli**C])a~ta,** 

## tlie ownerand pu6fislierof tlie CJ{llPJC]) CITY JOVCRJ{}lL, afega{anddaiEy newspaperprintedand pu6fisliedin 

## CJ@pirf City, in said County ofPennington, ana lias ju{{ 

## and persona{k,nowfedge of a{{thefacts herein statedas foffows: that saidnewspaperis andat a{{

# of the times lierein mentionedlias 6een a {ega{anddaiEy newspaperwith a 6onafidepaidcircufation 

# of at feast rr'woJfundredcopies daiEy, andhas 6eenprintedand pu6fished in the P.ngfish fanguage, at anawithin an office maintained6y tlie owner anapu6fisher thereof, at 

## CJ@pirf City, in said Pennington County, andhas 6een admittedto the VnitedStates mai{underthe second cfass maifing privifegefor at feast one yearprior to tlie pu6{ication lierein mentioned; that tlie advertisement, a printed copy 

# of which, taR.fnfrom said

## CJ@pirfCity Journa{, the paper in which tlie same waspu6{ished, is attaclieato this sheet anamade a part 

# ofthis ajfofavit, was pu6Czshed in saidpaper once eacli**GJ~** 

## for
________**~dU** ______ ___ 

## successive there of 6eing on tlie tliat tliefees chargea for ?va-L the first pu6{ication**.h-"~--** 

## day of**~17-** 

## the pu6{ication there 

# ofare 'l 

## ao{{ars and 2K" cents.

Su6scri6ea nasworn to 6efore me this-<-/..:::#-<-=--------------- aay 

# of !J1&ctt _2"-""+----,**t~':';';G/;•;·;•;'//>'f:/** ..:1:'; /J'/:1; •+**~** KERRIBERARD 

# f f**~SEAL**NOTARY

### PUBL!C~SEALsf s SOUTH DAKOTA J'**+~~~~.,.,._**

## ........,,o:•o:c,c • •;· f c • $' -...--.-. rr ; • 

### •+**5Vty~~res** MYCOMM.EXPAUGUST21,2019CUSTOMER 

## Argus Leader NUMBER: 078340 NUMBER: 1437543 P.O. Box. 677349, Dallas, TX 75267-7349 RUN DATES 3/16,2014 I AMOUNT DUE:I$82.52 

## RECEIVED MAR 18 2014 AIR QUALITY DepartmentofEnvironment and Natural Resources Division ofEnvironmentaL -Air Quality Program Attn: TeresaWilliams 523 E Capitol Ave., Joe Foss Building Pierre, SO 57501

.**~~!~.~.!!.!!!~.~.~!U8** AND RETURN WITH PAYMENT ARTICLE 74:09 ........................**······-············--~~-~~-~!:1.!.!?.~!:-~!g!.'!_~-~£~~-!"r.**. PROGRAM

AFFIDAVIT OF PL CustomerNumber: 078340 1437543 DepartmentofEnvironment and Natural Resources Invoice Number: 

### Argus Leader 

### AFFIDAVIT OF PUBLICATION

STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA } ss Linda Schulte being duly sworn, says: ThatThe Argus Leader is, and duringall the times hereinafter mentioned was, a daily legal newspaper as defined by SDCL 17-2-21, as amended published at Sioux Falls, Minnehaha County, South Dakota; that affiant is and during all ofsaid times, was an employee ofthe publisherofsuch newspaper and has personal knowledge ofthe facts stated in this affidavit; that the notice, order or advertisement, a printed copy of which is hereto attached, was published in said newspaperupon

Sunday ,the 16 day of March 2014.

____,the day of 2014.

____,the day of 2014.

_____,the dayof 2014,

_____,the day of 2014,

_____,the day of 2014,

_____,the day of 2014, and that $82.52 was charged for publishing the same



## • Notary Public, South Dakota Ires December 22, 2015 . Per11011s lnterestecl.in present- ARTICLE 74:09 _ing df1!8, opinions, ·and argu**PROCj::DU~ES** BOARD OF

.ments for or against the proMINERALS AND J)OSe(l**eme~dments** mey d9 so ENVIRONMENT by a:ppear;rig in person at !he NOTICE OF PUBUC hear!rig or by submitting writ· HEARING TO REVISE RULES ··ten comments to the South DaThe Board oi Minerals.'.amlEn• kola ··Departinent of ElivironvironmEIOI will hold a public ment and Natural Resources at hearing In the Matthei,Y Envi-**t~~** . r:n.aili(l!l address that ap**ron~e~tal** Educatioq

. and pears "below, Material sent by !ramlng Center, 523**E~~Citp-** mail must reach department by 1tol Avenue, Pierre, $oljtf,i"**Da~** the close of bu.siness on April ,kota, on April 17, 2014, iit 16,2014, to be considered. 10:00 a.m. central time to con- After the hearing, the Board sider ihe proposed 'amend- of· Mlner.tls and-. Environment**~ents** to article 74:09 by add- will consider all written and or1n9 sections 74:09:01:20 and al commerll$ it recei\ISS on the 74:09:01:21. proposed amendments:-

.. The Secllon 110(a)(1) and (2) of Board ol Minerals and Environthe Clean Air Act requires each , ment may modify or amend a state to review its state imple- proposed**rut~** at that time to Jnmentatlt;m plan each lime EPA etude or exclude matters that**revisll~** or adds a cnta'na lilt are tlescriba(l In this notice. 

# I pollutant nat1onal amb1ent a1r Not1ce Is further g1ven to lndl· quallty standard Followmg the Vlduals with disabU1t1es that change to the standard the th1s heanng IS being !wild 1n a state has a**threi/~ ~** to phySically accessiiJie place update the state'$'ptan aijd rm- I Please not1fy the department at ptement the revised ll!IOula· least 48 hours before the publions At the end of the three he healing If you have special year penod, the state 15 re- neecrs for Wh1ch special arqwredlOcertlfy the 1n1rastruc- rangemen!s must be made lure of its plan IS equ1vaiB/II to f, Tile**l~ho~e** number for EPA's regulations and ismeet·.'**-~-~mg** SJ)9C4at arrangements lng the requirements of the i1s·(605) n3:"3151. .Clean Aii Act. "RecerntY; "EPA · r··."

. .COpies, Of. !he**~ro~** rules determined that many ·or the mey be**~bta1n,ed** wilfiout**st~e.**implementatioo plans, in-.**clrar~e** from
. elUding· South Dakota's, relat·**Kynk~ugi).!EPglneering** ing to Section 128 of the Clean Manager- .1,**Soul~** Dakota**0~** Air Act requirement were not partment Qf, EnVIronment and sufficient. Section 128 of !he Natural Resources, 523 East Clean Air Act specifies'the re- C_apitot, · Joe Foss Building, quirements for astate board or P1erre, South Dakota 57501 body that approves air quality (605) 773-3151
. permits or enforcement orders. or from the fotlow1ng website: The effe¢t or the rules .l'lill http:lfdenr.sd.gov/pubticl specify the conditions when a default.aspx Board member may not partici- Steven M. Pirner, Secretary pale in acontested case hear- Department of Eq.iroAmen.t · ing. The reason the rules are and Natural**~u~** being. adopted Is to meet the Published onceat thetotalap-f requirementll In**Secti~** 128 of proximate cost of$82.52. 1 the Clean Ail Act and, to·allow 1437543 March 16 2014 • South Dakota to maintain dele- ' 1 galion of Its air quality pro-

## RECEIVED MAR 2 12014 AIR QUALITY**~** PROGRAM 

# •Affidavit ofPublication STATE OF SOUTH DAKOTA: COUNTY OFLAWRENCE: LetitiaLister ofsaid County and State being first duly sworn, onher oath says: That the BLACK HILLS PIONEERis a legal daily newspaper ofgeneral circulation, printed andpublished in the City of Spearfish, in said County and State by LetitiaLister, and has been such a newspaper during the times hereinafter mentioned; and that said newspaper has a bonafide circulation ofat least 200 copies weekly, and has beenpublished within said County inthe English language for at least one yearpriorto the first publication ofthe notice herein mentioned, and is printed in whole or in partin an office maintained atthe place ofpublication;.and that I, LetitiaLister, the undersigned, am the Publisher ofsaid newspaper and have personal knowledge ofall the facts stated inthis affidavit; and that the advertisement headed:


# a printed copy ofwhich is hereto attached, was printed and published**-~** 

### said newspaper for /**successiv~d** 

### consecutive weeks, the first publication being made onthe 

## JS day of

## March. ,;;J.otlf, and the last publication onthe day of that the full amount offees charged forpublishing same, to-wit: The sum of 

### $ 3:;1.11 , insures solely to the benefit ofthe publisher ofthe BLACK HILLS PIONEER, that no agreement or understanding for a division thereofhas been made with any person and that no partthereofhas been agreed to bepaidto any otherperson whomsoever.

Notary Public, Lawrence County, South Dakota My commission expires: 10-24-2016

•

## RECEIVED MAR 2 5 2014 AIR Q 

### W P bl' 0
. .

PROGRAM 

### atertown U IC p1DIOD 

### AFFIDAVIT OFPUBLICATION
STATE OF SOUTHDAKOTA COUNTY OF CODINGTON } ss
MarkS. Roby. being duly sworn says: That Watertown Public Opinion is, and during all the times hereafter mentioned was, a daily legal newspaper as defined in SDCL 17-2-2.1 through 17-2-2.4, as amended, published at Watertown, Codington County, South Dakota, by Watertown Public Opinion; that affiant is and during all ofsaid times was an employee ofthe publisher ofsuch newspaper and has personal knowledge ofthe facts stated inthis affidavit; that the notice, orderor advertisement, a printed copy ofwhich is attached, was published in said newspaperupon:

__ ..:oS:::a,tu::;rd,a,y
__the

__ 1!.:5'-"th'-_day of
__ .....!!M,ar,_,c:!!h
___2014,

that the full amount ofthe fee charged for publishingthe same, including a $5.00 affidavit fee, to-wit, the sum of$67.75_insures solely to the benefit of a,epublisher ofsaid newspaper; that no agreement or understanding for the .ivisionofthe fee has been made with any person, and that no part ofthe fee has been agreed to be paid to any other person.

Subscribed and sworn to before me this 21st day ofMarch A.D. 2014.

# l~~~ih~--**.,!I,P-t>-1'-~ ~** **~ ~**  G
..... a a a , a , .. , , "'
.. 

### + Notary Public, South Dakota

.,**~o~~<>-J c~**  II**3~H:F:P:NYJ** FS :r: IPVS V¥':1 My commission expires January 23, 2020 DENR · m·ust be ma-de. ·.The tela--·' ' phone number for··_.making

. ARTICLE ·74:09 1 sPecial arrangements. ·is-' PROCEDURES BOARD (605) n:3;3151;
.. . · i

OF Mlt._II;RALS.AND _Copies of thEt proposed

ENVIRONMENT: rules ·may be obtained WithNOTICE-OF p'UBLIC I out charge fi"om , , , HEARING TO REVISE

1 · Kyrik**RomboUgh~** 1
· The Boar<:!' of'Minerals and South. Dakota Department ;·· RUlES · ' I Engineering ManagerJ l Environment wi)l. hold: a, pub- of Environment. and Natural lie hearing ·if) the

.Matthew
1 Resources ., · .Environmental Education 523 Eaat Capitol, Joe Foss and ·Training ·Genter,· 523 1 Building

. . East Capitol. :Avenue, Pierre,
1 Pierre, South Dakota 57501 South· Dakota,'on'April 17, (605)773-3151 2014, at 10:00 a.m. central or from the following webtime,' to consider the ;pro- site:

. . posed ame.'ndments to. article 

## Ihttp:l/denr.Sd.gov/public-Jde_ fa 74:09 by· adding· sections ,ult.aspx ·. . 74:09:01:20 and Steven M. Ptmer, ·Secretary 74:09:01:21. 1 Department of Environment s.ectiOn 110(a)(1) and (2) of

..**ant;~** Natural Resources the Clean -Air Aqt requires. -.1 1 Published once at the total each state to review its state· i approximate cost'of$75.53. implementation _j:>Jan. ea.ch {March,!S.

### 22f'!.? time EPA revises-or. adds a criteria**ai~** .pollutant ·national ·-ambient air quality standard.

Following the change to the'\\ standard, the· state hi:ls a 1 three year Reriod to JJQdate 

## I -mlf state'S plan'B.nCI lriiple:-

ment the revised regulations. At the end ofthe three .year period, the**s~te** ·is required to certify the infrastructure of its plan is equivalent to EPA's regulations and'·is meeting I the requirements of the

Clean AirAct. ,Recently, EPA determined that many..oflthe state iJ'llplementation**"pl~ns** including South**Dakot~'s'** relating to Section 128.ofthe Clean. Air Act requirement were not sufficient. Section 128 of the Clean Air Act spebifies the requirements 

# I fC!r a state board or body'that approves air quality permits or enforcement orders, :
1

The effect of the .rules wjll 1 specify the conditions when , a Board

.member may no't 1 ·part_icipate. in. a· ,contested

case heanng. ·The reason**·.~he** rules.are bein!::ra_d,opted ts to meet the· requirements in Section 128 of tlie Clean Air Act and t'? allow SOuth

1 Dakota to matntain delega-

1 lion of its air quality program.

, Persons interested in presenting data, opinions, and**rarQUmEintS-for.~>r** Bgalnst theproposed amendments may
, do so by appearing in**pers~n** 1 ·at the hearing or by**su.~m1t~.** tlng written comments to the ' Sooth Dakota Department of

Environment

..and Natural Resources at the, mailing address**ttl~~** appears belmy. 1 Material sent by mail must reach department by the

. close of business onApril16,, 2014, to be C(lnsiderect.

. 1 After the hearlnQ; the Board ·, of Minerals 'and Environment will consider all written and oral comments it receives on the proposed amendments. , The ,Board. of- Minerals· and 1 : EnVironment may.**m~ify** .or I amet'id ' a .proposed rule ·at i thBt time .to in,clude, or exclude matters thaJ ·are described in this notice.

Notice Js further. given to ' Individuals with

.di_sabll_ities that this he.aring is being held in a physically**.a~ssible** place.**Pl~ase** notify the ;department at" least 48 hours before the pUblic hearing if

1you' have**s~al** needs for which special arrangements All legal notices In ttie Public Opinion and other South Dakota newspapers can be ,found at www sdpublkmqtlcassgqa

## RECEIVED MAR 20 2014 AIR QUALITY

PROGRAM AFFIDAVITOFPUBLICA T/ON

YANKTON DAILY PRESS AND DAKOTAN 3+15 ARTICLE74:09
. PROCEI)URESBOARD OF MINERALSAND ENVIRONMENT

NOTICE OFPuBLICHliARINGTO REVISE RULES The Board of Minerals and Envi- '

================================;=======ronmentwill hold apublic hearing, in the**Mat~hew** Environnient3I Teresa Williams Department of Environment and Natural Resources Division of Environmental Services -Air Quality Program 523 East Capitol, Joe Foss Building Pierre, SD 57501 STATE OF SOUTH DAKOTA COUNTY OF YANKTON

KELLY HERTZ BEING FIRST DULY SWORN ON OATH DEPOSES AND SAYS THAT HE IS THE MANAGING EDITOR OF, YANKTON MEDIA INC, A CORPORATION, THE PRINTER AND THE PUBLISHER OF THE YANKTON DAILY PRESS AND DAKOTAN, A LEGAL DAILY NEWSPAPER PUBLISHED AND CIRCULATED IN THE CITY OF YANKTON, SAID COUNTY AND STATE, AND ONE OF THE OFFICIAL NEWSPAPERS OF THE SAID COUNTY OF FACTS STATED IN THIS AFFIDAVIT; THAT THE ANNEXED Article 74:09 TAKEN FROM THE PAPER, IN WHICH IT WAS LAST PUBLISHED IN THE NEWSPAPER ON THE 15th DAY OF March 2014 THAT THE FULL AMOUNT OF THE FEE CHARGED FOR THE PUBLICATION OF SAID NOTICE TO WIT $42.37 ENSURES TO THE BENEFITS OF THE PUBLISHER OF SAID NEWSPAPER AND THAT NO AGREEMENT AND UNDERSTANDING FOR THE DIVISION THEREOF HAS BEEN MADE WITH ANY OTHER PERSON, AND THAT NO PART THEREOF HAS BEEN AGREED TO BE PAID TO ANY PERSON WHOMSOEVER.
PUBLISHED ON 3/15/2014 FILED ON: 3/17/2014

March 2014 Education and Training Center,-, 523 East Capitol Avenue, Pierre, 1 South :Qakota, oil, April 17, 2014,

1 at 10:00 a.m. centriti time, to con- ' sider the proposed amendments to \article 74:09 by adding sections 1,74:09:01:20 and 74:09:01:21.

, 'section 110(a)(l) aild (2). of the

Clean Air Act requires each state

1 to review its ,stat.e**implelnentil~on** r plan each time EPA revises or

. adds . a criteria air pOllutant nal tiona! S:rilbient aii quality stan1 dard. Following**th~ c~ange**  to the

standard, the state has a three year ' period to update the state's plan

, and i:r;nplement the revised regulations. At the end ofthe three year period, the state is.required.to certify the**infrastru~ture** of its plan is equivalent to EPA's regulations and is meeting the .req1,lirements of the Clean Air Act.·. Recently, EPA determined that inany of the state i implerrientation. plans,**incl~ding**

South Dakota's,relating to SectioD.

1 128 of the Clean Air Act require-

, ment were not .sufficient. Section

128 of the Clean Air Act specifies the reqliirements for a state board or body that approves air quality permits orenforcement-orders. The effect-of the :UJes

### wili specify the con.ditions when a · Board member may not participate in a contested case hearing. The rea- ; son the rules are being adopted is·

1 to meet the requirements in Sec-

, tion 128 of the Clean Air Aci and '. to allow South Dakota to maintain
· d.elegation of its air quality pro- 

### I

gram. · 1 I ' Persons iilterested in presenting 1 data, opinions, and arguments for· 1 or against the proposed amen4-**~** ments ma:y**~o** so by appearing in pe"rson at the hearing or by submitting written corrunents. to the South Dakota Department (If Environment a:nd Natural Resources at the mailing address that appears

. below
...**.Ma~ri~..:.sent** __f>_y__mail must reach
.dePart!llerlt b:Y the**c~ose.** of,
..:.business :,OD.· April 16, 2014, \O**be,co~.derecl·** . . .

................, .... -;;**~-·**....**;:;.·~···-:'· ·~** 

### ..., . -·: .. After 

### the· hearin&:>iJe Board 

### ·of Minerals and En:m-onnient will consider·all W:ntten·aDd oral cOm-· ments .il;**teC:eiv~** on the .proposed amendmentS. The Board ofldin-**:,~·.,,.** ,h**r·.,':t~,¥:.~·** ,,..**,~,rlr,**

### #10787 Invoice 

## Yankton Daily Press & 

## Dakotan 319 Walnut Street, PO Box 56, Yankton, SD 57078 (For Office Use Only)



### TeresaWilliams Department ofEnvironment and Natural Resources Division ofEnvironmental Services

- Air Quality Program 523 East Capitol, Joe Foss Building Pierre, SD 57501 Date 3/15/2014 Description 123 LINE LEGAL@$.4965/$.331 PERLINE 

### 3/17/2014

Amount $42.37

Total ----:-$4-:-:2--:.3-::-7

--

NET DUE 10 DAYS YOUR PROMPTPAYMENTISAPPRECIATED**~als** in;d· Bri'1Jonrltent may**·mb!l~** ify or amend a proposed· ruiC ai that time to include or. exclq_de matters that ate described in this notice. Notice is further given to indi-: viduals with ·disabilities that this hearing is being held in a physically accessible ·place.. Please no-- tify the. department at least 48**ll~urs** befote-the public heariiig if yotl' hav_e·special needs for Which special**arl:angem~nts** ..must be made. The**.tel~phone** nuinber for**-~ng** _ speci<il**_ap-ang~ments** is.' (605) 773-3151.
. .

Copies of the proposed rules may be obtained Without charge from Kyrik Rombough,**Engin~ring** ManagerI South -DakOta Department of Environment and Natural Resources 523 East Capitol, Joe FOss Building Pierre, South Dakota 57501 (605) 773-3151

or from.the following website: http://den:.sd
..gov/public/default.a spx. ··

Steven M. Pirner, Secretary Department ofEnvironment and
· Natural'ResoUrces Published once at the. total approximate cost of$42.37:State**lmplementa~ion** Plan State rules used to meetand/Or itlaintain the federal**Nationa_J.A,mbir~t)\i~** QualityStand.ards 

### l.: lts.outh

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### 04/29/2014



### 1lr\trastructure Cer;tification South DakOta has submitted 7 of the S Certifications EPA's revieyv <Jfthe Certifications indicated two items,were not sufficient ; ·ThiinaketipOfthe soa:rd**OfMinb~~is** and**En'~i~o~in~pt** ..:. C.oriflicts of Interest pftho Board,

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_ ' I I State.**Law-140-25~ tctiscuss~s**  make up ofthe_Board of Minerals and Environment ,• Proposed Changes to74:09to incorporatetheConflicts of Interest

Section 128 ofthe Clean Air Act (a) Notlater than the date one-year afterAUgust7, 1fJ77; eacl) apP,Iicable implementation plan shall**contain;r~quire.ments** tf?at-**~;.·MAnyboarciOrbOdi'~f,lth·aPPtRr':esp'eJ#rt~Or-** ·**~**• :-·-_-,· : . enf9rcement_orders**(/tU(e;r.tflis.cllajJter$~tlff#veai1ef!,slt(**

majority'of.members Who represent tiJepublicintcrHtafld**.~** do notdeliV.fJ anysignificantportian oftlil]ir.lncoffle /rom .· · ·c:l:l persons subjectto pannUs orentorr;ementorders undc.i' tl1is chapte.r. and (1) anypotenlialc:onflicts ofintorestbymembers ofsucl1 boardo'rbody Ortheheadof an exec/Jiiveag9iJcywith. simi(<irpowers be adequatelydisclosed, 

### 04/29/2014

2Section 128 ofthe Clean Air Act
A State mayadoptany requirements respecting conflicts_ qfinterest forsuch boards orbodies or heads C?f**ltx_ecu~ye ag~nc~e~·-**  or**~ny-** otherentitieS which 1(1re·-more string_ent tfum the_require/T1en,ts of 

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sUbmfttedas partof'an**imp/elJ1·er,tafi()n·/Jl~n,i"-~**

South 'Dakota Codified, Law 1-40-25.1 140•25; 1,_Soard**of~inerats** andEnvir()nment composf!i!in**qontcwn~mc~** wHh CleanAirAct-_In addition, to**the·p~~V,ision_s** of§**1-4q~~~.:the** Bo_ard of**Mineral~** and**EnvircmtJi~-fJ_t;_.sffa/1 JJ~**  CompoSed,·111
·: ..c.on.fi'r..' mal!ce::·t".

__ ith th.e,**~g.~j~,l,fin(._·q,f:.ff!.~** ..<jteaa:Air**~ct** § !128 (42;.(/SC**§7428}as''fimendfid·t~Jand1iry** 1, 1995,_

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### 04/29/2014



### 3- - -- --------------

Administrative Rules of South Dakota
ARSD 74:09:01:20. Boartl member conflict of Interest. A board r'nember who s rsonall rtilfitedto a art- Involved In a contest d 'cas&hearlil ·b'two·de r esofCol,San· uhil w otlasadirect**finandallnfen~St** ·11 a a involVe i conteste & hearin

__ . ,; hroU hem IO'mentor-b contract o:__ hoS:&-s_**OUS&·ts~em** 10Mb'! :ordlrecll 'Icontracts with a ihvoJ·&t ln·8'c'o ·tCdc'Se :11earin Ina not <irticl atehl a c·ont0StCd Case r ectliil ·:concernin' that art. The·fnembei-sh 'it·inakean,dtalstiatiini-!lntOf 1recusal ori the recordatthe lnitfatfcin ofthe:hearir'l · in the cOiltesttiCf"" ;'c<ise.- A recuSed ·member ma .not artiCi ate iri boa( discussions or :; "deciSion-makin re <irdin -thatco'ntes edcase roceedlri
.

Administrative Rules ofSouth Dakota
ARSO 74:09:01:21. Board member Otential cOnflictS ofi terests. A ot&nt'alco11fliCt cit interestIs an indi ec finand liltei'est oi' a ersonal relaliciriShi cifai'lother inttifestln a ·a i volvEid in a conteSted.¢**·s~** heann· ·cir Eiilforee·mant h& rin · 'thatiSl::liff&ren·fri:)iri· f'· thatofth¢:"enefal UbHC'thata'r&aSOri-b!Ei. e**·on.WOu!dbeli&VEi~.** I**~'** cmi ""•'"' in bios<ii ,.. en<of'a<o
..... c •• "" nn :,;' '] : - .·&ar'd mEimbei'S shall disCfd'S&an Ot ·ntiid•'cOri ·c f int esfi ·.. ····i COntested-case ri)Ceedin_ O,n
__ 9 record:a_t·the hliti'ation ofthe: :•: __ hem'n .drdlnin t.l'leh&arln if-the 'b o**·eaware'>hheEh.is'tei1c0-~** Ota··otentlal:cO'nfl'ctOfi**~enist'-'U_** oilitSown**~6ti** _·n_.orthe**~otion_•_j** :Ofa art · the board ma eCu El-a me berw'th a- otenlial conflict of ; ·'interest ifit determfrieSthat'thO otential corifliCt of i tEirestralses il't1- _, unacce table risk ofbiils Or ·re'ud rrientiri the cOntestedCase rOceedin 

### 04/29/2014

4Excerpt ofthe Minutes ofthe Board ofMinerals and Environment Meeting Matthew Environmental Education and Training Center 523 East Capitol Avenue

Pierre, South Dakota Apri117,2014 10:00 a.m. CDT
CALL TO ORDER: Chairman Sweetman called the meeting to order at I:00 p.m. CDT. Secretary Linda Hilde declared that a quorum was present. BOARD MEMBERS PRESENT: Richard C. Sweetman, Linda Hilde, Glenn Blumhardt, Dennis Landguth, Doyle Karpen, Rex Hagg, Pete Bullene, Bob Morris. BOARD MEMBERS ABSENT: Lee McCahren. OTHERS PRESENT: See attached attendance sheet. PUBLIC HEARING TO CONSIDER PROPOSED REVISIONS TO ARSD 74:09, PROCEDURES-BOARD OF MINERALS AND ENVIRONMENT: Chairman Sweetman opened the hearing at 10:05 a.m. The purpose ofthe hearing was to considerproposed amendments to ARSD 74:09 by adding sections 74:09:01:20 and 74:09:01:21. Kyrik Rombough, DENR Air Quality Program, reportedthatNotice ofthe hearing was published in the following II daily newspapers: Madison Daily Leader on March 14,2014, Yankton Daily Press, Rapid CityJournal, Black Hills Pioneer, Public Opinion, and Plainsman on March 15,2014, the Argus Leader on March 16, 2014, The Daily Republic, Capital Journal, Brookings Register, and Aberdeen American News on March 17,2014. Affidavits of Publication were received from each newspaper and are filed at DENR. The public notice was mailed to approximately 150 interestparties, which includes environmental groups and industry; and it was emailed to approximately 170 interested parties, which also includes environmental groups and industry. Notice ofthe public hearing was posted on DENR's website and the state public notices website. No written comments were submitted as a result ofthe public notice. The proposed rules were sent to the Bureau ofFinance and Management and to the Legislative Research Council (LRC). LRC reviewed and approved the proposed revisions for form, style, and legality. LRC's changes were incorporated into the final version ofthe proposed rules. Mr. Rombough offered a PowerPoint presentation discussing the proposed revisions.Board ofMinerals and Environment Excerpt ofMinutes from April17, 2014, Meeting
Section 110(a)(l) and (2) ofthe Clean Air Act requires each state to review its State Implementation Plan (SIP) each time EPA revises or adds a criteria air pollutant national ambient air quality standard. Following the change to the standard, the state has a three-year period to update the state's plan and implementthe revised regulations. Atthe end ofthethree-year period, the state is required to certify the infrastructure ofits plan is equivalent to EPA's regulations and is meeting the requirements ofthe Clean Air Act. Recently, EPA determined that many ofthe State Implementation Plans, including South Dakota's, relating to Section 128 ofthe Clean Air Act requirement were not sufficient. Section 128 ofthe Clean Air Act specifies the requirements for a state board orbody that approves air quality permits or enforcement orders. EPA's review ofthe certifications indicated two items were not sufficient- the makeup ofthe Board ofMinerals and Environment and conflicts ofinterest ofthe board. South Dakota Codified Law 1-40-25.1 discusses the makeup ofthe Board ofMinerals and Environment. The department proposed changes to74:09 to incorporate the conflicts ofinterest. The effect ofthe proposed rules will specify the conditions when a board member may not participate in a contested case hearing. The reason the rules are being adopted is to meetthe requirements in Section 128 ofthe Clean Air Act and to allow South Dakota to maintain delegation ofits air quality program. Roxanne Giedd, Deputy Attorney General, discussed Section 128 ofthe Clean Air Act and the new sections being proposed by the department. Mr. Giedd stated that Section 128 ofthe Clean Air Act requires the following: (a) Not later than the date one year after August 7, 1977, each applicable implementation plan shall contain requirements that: (1) any board or body which approves permits or enforcement orders underthis chapter shall have at least a majority ofmembers who representthe public interest and do not derive any significant portion oftheir income from persons subject to permits or enforcement orders underthis chapter, and 2) any potential conflicts ofinterest by members ofsuch board or body or the head ofan executive agency with similar powers be adequately disclosed A State may adopt any requirements respecting conflicts ofinterest for such boards or bodies or heads ofexecutive agencies, or any other entities which are more stringent than the requirements ofparagraph (1) and (2), and the Administrator shall approve any such more stringent requirements submitted as part ofan implementation plan. Ms. Giedd discussed the following statutes:


### 2Board ofMinerals and Environment Excerpt ofMinutes from April 17,2014, Meeting SDCL 1-40-25.1. Board ofMinerals and Environment composed in conformance with Clean Air Act. In addition to the provisions of§ 1-40-25, the Board ofMinerals and Environment shall be composed in conformance with the requirement ofthe Clean Air Act§ 128 (42 USC§ 7428) as amended to January I, 1995, for all permits and enforcement orders initiated under chapter 34A-1. SDCL 1-40-4.1. Limitation on stringency ofcertain rules. No rule that has been promulgated pursuant to Title 34A, 45, 46, or46A may be more stringent than any corresponding federal law, rule, or regulation governing an essentially similar subject or issue. Ms. Giedd stated that in Armstrong vs. Turner County Board ofAdjustments the Supreme Court said "The due process standard for disqualification in a quasi-judicial proceeding is that an official must be disinterested and free from bias orpredisposition ofthe outcome and the very appearance ofcomplete fairness must be present. The court goes on to say the interest must be different from the interest ofmembers ofthe general public. Ifthe interest is different, then the question is whether a reasonably minded citizen would conclude that the official's interest or relationship creates a potential to influence the official's impartiality. We have recognized that personal or pecuniary interests in the outcome ofa proceeding have the potential to influence a decision maker'sjudgment. Likewise, employment relationships or potential employment relationships with parties involved in the proceeding may cause a disqualifying conflict." The department proposed the following new sections: ARSD 74:09:0I:20. Board member conflict ofinterest. A board member who is personally related to a party involved in a contested case hearing by two degrees ofconsanguinity, who has a direct financial interest in a party involved in a contested case hearing through employment or by contract, or whose spouse is employed by or directly contracts with a party involved in a contested case hearing, may not participate in a contested case proceeding concerning thatparty. The member shall make an oral statement ofrecusal on the record at the initiation ofthe hearing in the contested case. A recused member may not participate in board discussions or decisionmaking regarding that contested case proceeding. ARSD 74:09:01:21. Board member potential conflicts ofinterests. A potential conflict of interest is an indirect financial interest, or a personal relationship or another interest in a party involved in a contested case hearing or enforcement hearing that is different from that ofthe general public, that a reasonable person would believe might result in bias or prejudgment ofa contested case hearing. Board members shall disclose any potential conflict ofinterest in a contested case proceeding on the record at the initiation ofthe hearing, or during the hearing if they become aware ofthe existence ofa potential conflict ofinterest. Upon its own motion or the motion ofa party, the board may recuse a member with a potential conflict ofinterest ifit determines that the potential conflict ofinterest raises an unacceptable risk ofbias or prejudgment in the contested case proceeding. Following her presentation, Ms. Giedd and Mr. Rombough answered questions from the board.

3Board ofMinerals and Environment Excerpt ofMinutes from Aprill7, 2014, Meeting Mr. Hagg discussed whether the proposed language should be in state law rather than the administrative rules. The state law could govern all boards whereas the proposed language in the administrative rule covers the only Board ofMinerals and Environment. Prior to the public hearing, DENR discussed whether the potential conflicts ofinterest provision should be in statute or administrative rule with the Attorney General's Office. The Attorney General's Office indicated it could be in either location. Due to timing, DENR recommended the proposed language be established in the administrative rules. Chairman Sweetman requested public comment. No one from the public offered comments either for or againstthe proposed amendments. Motion by Hagg, seconded by Bullene, to adopt 74:09:01:20 with the last sentence of 74:09:01:21 included in 74:09:01:20, and striking the remainder of74:09:01 :21. Board discussion took place regarding the motion. Amended motion by Hagg, seconded by Bullene, to include the last two sentences of 74:09:01:21 in 74:09:01:20. Discussion took place and the amended motion failed with Hagg, Bullene, Landguth, and Blumhardt voting yes and Hilde, Karpen, Morris, and Sweetman voting no. More discussion took place and the original motion failed with Hagg, Bullene, Landguth, and Blumhardt voting yes and Hilde, Karpen, Morris and Sweetman voting no. Motion by Morris, seconded by Karpen, to adopt ARSD 74:09:01:20 and 74:09:01:2, as presented. Discussion took place and the motion carried unanimously. Chairman Sweetman closed the hearing at 10:45 a.m.

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# EDITED COPY OF FIRST DRAFT

ADMINSTRATIVE RULES OF SOUTHDAKOTA 74:09MEMO TO:

FROM: Doug Decker Code Counsel April29, 2014

Legislative Research Council

### q(~ Kyrik Rombough, Engineering Manager I Air Quality Program --------------------,

SUBJECT: Final Draft ofrevisions to ARSD 74:09- Procedures Board ofMinerals and Environment

I have enclosed a packetpertaining to the final draft ofthe revisions to ARSD 74:09- Procedures Board ofMinerals and Environment: The enclosed packet contains the following documents:

• Anedited copy ofthe first draft; • A copy ofLegislative Research Council's recommended changes • A copy ofthe final draft approved by the Board ofMinerals and Environment • The original form #II, which contains the signatures ofa majority ofthe members ofthe Board ofMinerals and Environment; • A copy ofthe affidavit ofthe mailing to the Rules Committee members; • A copy ofthe minutes for the Aprill7, 2014, Board ofMinerals and Environment meeting. Ifyou have any concerns or questions, please contact me at (605) 773-3151.

### Chapter 74:09:01

Section ARTICLE 74:09

PROCEDURES -- BOARD OF MINERALS AND ENVIRONMENT



### Contested case procedure.

CHAPTER 74:09:01

CONTESTED CASE PROCEDURE



### 74:09:01:01 Petition to initiate contested case. 74:09:01:02 Board initiationofcontested case. 74:09:01:03 Answer to petition to initiate contested case. 74:09:01:04 Intervention in contested case. 74:09:01:05 Initiation ofenforcement hearing. 74:09:01:06 Intervention in enforcement hearings not allowed. 74:09:01:07 Pleadings to be filed with department. 74:09:01:08 Appointment ofchair ofhearing.

A-1

### 74:09:01:09 Motions. 74:09:01:10 Prehearing conference. 74:09:01:11 Notice ofcontested case. 74:09:01:12 Subpoenas. 74:09:01:13 Conduct ofhearings. 74:09:01:14 Transcripts. 74:09:01:15 Service. 74:09:01:16 Degree ofproofrequired. 74:09:01:17 Appoinhnent ofhearing examiner. 74:09:01:18 Decision ofboard. 74:09:01:19 Findings offact, conclusions oflaw, and orders. 74:09:01:20 Board member conflict ofinterest 74:09:01:21 Board member potential conflict ofinterests

ARSD 74:09:01:20. Board member conflict ofinterest. 

### A board member who is personally related to a partyinvolved in a contested case hearing bytwo degrees ofconsanguinity, who has
a direct financial interest in aparty involved in a contested case hearing through employment or by contract, or whose spouse is employed by or directly contracts with a party involved in a contested case hearing, may not participate in a contested case proceeding concerning that party. The member shall make an oral statement ofrecusal on the record at the initiation ofthe hearing inthe contested case. A recused member may not participate in board discussions or decisionmaking regarding that contested case proceeding. Source:

A-2General Authority: SDCL 34A-1-6, 34A-6-1.6, 34A-6-1.14, 34A-11-9, 45-9-13. Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-43, 34A-1-44, 34A-1-45, 34A-1-

ARSD 74:09:01:21. Board member potential conflicts ofinterests. A potential conflict of interest is an indirect financial interest, or a personal relationship or another interest in a party involved in a contested case hearing or enforcement hearing that is different from that ofthe general public. that a reasonable person would believe mightresult in bias orprejudgment ofa contested casehearing. Board members shall disclose anypotential conflict ofinterest in a contested case proceeding on the record at the initiation ofthe hearing, or during the hearing if theybecome aware ofthe existence ofa potential conflict ofinterest. Upon its own motion or the motion ofa party, the Board mayrecuse a member with a potential conflict ofinterest ifit determines that the potential conflict ofinterest raises an unacceptable risk ofbias or

· prejudgment in the contested case proceeding. Source: General Authority: SDCL 34A-1-6. 34A-6-1.6, 34A-6-1.14, 34A-11-9, 45-9-13. Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-43, 34A-1-44, 34A-1-45, 34A-1-

A-3

# FINAL DRAFT APPROVED BY 

# BOARD OF MINERALS AND ENVIRONMENT

ADMINSTRATIVE RULES OF SOUTHDAKOTA 74:09

### Chapter 74:09:01

Section ARTICLE 74:09

PROCEDURES --BOARD OF MINERALS AND ENVIRONMENT



### Contested case procedure.

CHAPTER 74:09:01

CONTESTED CASE PROCEDURE



### 74:09:01:01 Petition to initiate contested case. 74:09:01:02 Board initiation ofcontested case. 74:09:01:03 Answerto petition to initiate contested case. 74:09:01:04 Intervention in contested case. 74:09:01:05 Initiation ofenforcement hearing. 74:09:01:06 Intervention in enforcement hearings not allowed. 74:09:01:07 Pleadings to be filed with department. 74:09:01:08 Appointment ofchair ofhearing.

A-1

### 74:09:01:09 Motions. 74:09:01:10 Prehearing conference. 74:09:01:11 Notice ofcontested case. 74:09:01:12 Subpoenas. 74:09:01:13 Conduct ofhearings. 74:09:01:14 Transcripts. 74:09:01:15 Service. 74:09:01:16 Degree ofproofrequired. 74:09:01:17 Appointment ofhearing examiner. 74:09:01:18 Decision ofboard. 74:09:01:19 Findings offact, conclusions oflaw, and orders. 74:09:01:20 Board member conflict ofinterest 74:09:01:21 Board member potential conflict ofinterests

ARSD 74:09:01:20. Board member conflict ofinterest. 

### Aboard member who is personally related to a party involved in a contested case hearing bytwo degrees ofconsanguinity, who has
a direct financial interest in a party involved in a contested case hearing through employment or by contract, orwhose spouse is employed by or directly contracts with a party involved in a contested case hearing, may not participate in a contested case proceeding concerning that party. The member shall make an oral statement ofrecusal on the record at the initiation ofthe hearing in the contested case. A recused member may not participate inboard discussions or decisionmaking regarding that contested case proceeding. Source:

A-2General Authority: SDCL 34A-l-6, 34A-6-1.6, 34A-6-1.14, 34A-ll-9,45-9-13. Law Implemented: SDCL 1-26-27, 34A-l-21, 34A-l-43, 34A-l-44, 34A-1-45, 34A-lARSD 74:09:01:21. Board member potential conflicts ofinterests. A potential conflict of interest is an indirect financial interest, or a personal relationship or another interest in a party involved in a contested case hearing orenforcementhearing that is different from that ofthe general public, that a reasonable person would believe might result inbias orprejudgment ofa contested case hearing. Board members shall disclose anypotential conflict ofinterest in a contested case proceeding onthe record at the initiation ofthe hearing, orduring thehearing if theybecome aware ofthe existence ofa potential conflict ofinterest. Upon its own motion or the motion ofa party, theboard mayrecuse a member with a potential conflict ofinterest ifit determines that the potential conflict ofinterest raises an unacceptable risk ofbias or prejudgment in the contested case proceeding. Source: General Authority: SDCL 34A-l-6, 34A-6-1.6, 34A-6-1.14, 34A-ll-9, 45-9-13. Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-43, 34A-1-44, 34A-1-45, 34A-1-

A-3IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES AFFIDAVIT

I, Kyrik Rombough, certify that on April28, 2014, I sent byU.S. mail and electronic mail a correct copy ofthe following documents adopted by the Board ofMinerals and Environment on April17, 2014: I. The minutes ofthe public hearing 2. A record ofthe written comments 3. The small business impact statement 4. The fiscal note 5. The rules adopted: The amendments to article 74:09 by adding sections 74:09:01:20 and 74:09:01:21
These documents were sent to the Interim Rules Review Committee members at their respective electronic mail addresses listed below: State Representative Peggy Gibson peggygibson@hotmail.com State Representative Anne Hajek annehajek@gmail.com State Senator Jim Bradford Sen.Bradford@state.sd.us State Senator Mike Vehle mvehle@mit.midco.net Sen.Vehle@state.sd.us
and to the following members at their respective U.S. mail addresses listed below: The Honorable Peggy Gibson State Representative 1010 Valley View Court Huron, SD 57350-4221 The Honorable Anne Hajek State Representative P.O. Box 1779 Sioux Falls, SD 57101-1779 The Honorable Jean M. Hunhoff State Senator 2511 Mulligan Drive Yankton, SD 57078 The Honorable Mike Yehle State Senator 132 N. Harmon Drive Mitchell, SD 57301The Honorable Timothy Johns State Representative 203 W. Main St. Lead, SD 57754

Subscribed and sworn to before me this ..;;; '/ day of 

### fi.p"",'j , ,;JOJ4

.

# b.llMYI.v~ Notary Public

- South Dakota (Seal) My Commission expires
BRENDAANDERSON, NofalyPublic MyCommistionExplm**Odober~6,2016** ----- -----------

The Honorable Jim Bradford State Senator P.O. Box 690 Pine Ridge, SD 57770-0690Rombough, Kyrik

# -:~~: To: Cc: Subject: Attachments:

April 28, 2014

The Honorable Mike Vehle State Senator 132 N. Harmon Drive Mitchell, South Dakota 5730I Dear SenatorVehle: Rombough, Kyrik Monday, April 28, 2014 1:54 PM 'mvehle@mit.midco.net'; Senator Vehle, Mike Rombough, Kyrik Board of Minerals and Environment Adopted Rules Apri/17, 2014 2014 Rule SOB BME.PDF; LRC Form and Style Comments.pdf; BFM Fiscal Note Comments.pdf; 20140417 bme AQ rules minutes.pdf; Form 14.pdf; Form S.pdf

Please find attached a copy ofthe following documents: A copy ofour statement ofbasis which includes the revisions to the Administrative Rules ofSouthDakota, Article 74:09- Procedures Board ofMinerals and Environment, adopted by the Board ofMinerals and Environment on Aprill7, 2014; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. Sincerely,
Kyrik Rombough Engineering Manager I Air Quality Program Attachments

1Rombough, Kyrik

-rom: .ent: To: Cc: Subject: Attachments:

April 28, 2014

The Honorable Anne Hajek State Representative PO Box 1779 Rombough, Kyrik Monday, April 28, 2014 1:54 PM 'annehajek@gmail.com' Rombough, Kyrik Board of Minerals and Environment Adopted Rules April17, 2014 2014 Rule SOB BME.PDF; LRC Form and Style Comments.pdf; BFM Fiscal Note Comments.pdf; 20140417 bme AQ rules minutes.pdf; Form 14.pdf; Form S.pdf

Sioux Falls, South Dakota 57101-1779 Dear Representative Hajek: Please find attached a copy ofthe following documents: 

# e· A copy ofour statement ofbasis which includes the revisions to the Administrative Rules ofSouth Dakota, Article 74:09- Procedures Board ofMinerals and Environment, adopted by the Board ofMinerals and Environment on April 17, 2014; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. Sincerely,
Kyrik Rombough Engineering Manager I Air Quality Program Attachments

1Rombough, Kyrik

# -:~~: To: Cc: Subject: Attachments:

April 28, 2014

The Honorable Jim Bradford State Senator PO Box690 Rombough, Kyrik Monday, April 28, 2014 1:54 PM Senator Bradford, James Rombough, Kyrik Board of Minerals and Environment Adopted Rules April17, 2014 2014 Rule SOB BME.PDF; LRC Form and Style Comments.pdf; BFM Fiscal Note Comments.pdf; 20140417 bme AQ rules minutes.pdf; Form 14.pdf; Form S.pdf

Pine Ridge, South Dakota 57770-0690 Dear Senator Bradford: Please find attached a copy ofthe following documents: A copy ofour statement ofbasis which includes the revisions to the Administrative Rules ofSouth Dakota, Article 74:09- Procedures Board ofMinerals and Environment, adopted by the Board ofMinerals and Environment on April!?, 2014; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contactme at (605) 773-3151. Sincerely,
Kyrik Rombough Engineering Manager I Air Quality Program Attachments

1Rombough, Kyrik 

# a rom: .ent: To: Cc: Subject: Attachments:

April28, 2014

The Honorable Peggy Gibson State Representative 1010 Valley View Court Rombough, Kyrik Monday, April 28, 2014 1:54 PM 'peggygibson@hotmail.com' Rombough, Kyrik Board of Minerals and Environment Adopted Rules April17, 2014 2014 Rule SOB BME.pdf; LRC Form and Style Comments.pdf; BFM Fiscal Note Comments.pdf; 20140417 bme AQ rules minutes.pdf; Form 14.pdf; Form S.pdf

Huron, South Dakota 57350-4221 Dear Representative Gibson: Please find attached a copy ofthe following documents: A copy ofour statement ofbasis which includes the revisions to the Administrative Rules ofSouth Dakota, Article 74:09- Procedures Board ofMinerals and Environment, adopted by the Board ofMinerals and Environment on April 17, 2014; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. Sincerely,
Kyrik Rombough Engineering Manager I Air Quality Program Attachments

1April 28, 2014

The Honorable Peggy Gibson State Representative 1010 Valley View Court DEPARTMENT OF ENVIRONMENT and NATURAL RESOURCES JOE FOSS BUILDING

523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 denr.sd.gov

Huron, South Dakota 57350-4221 Dear Representative Gibson: Please find enclosed a copy ofthe following documents: 1. A copy ofour statement ofbasis which includes the revisions to the Administrative Rules of South Dakota, Article 74:09- Procedures Board ofMinerals and Environment, adopted by the Board ofMinerals and Environment on April!?, 2014; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. Sincerely,
Kyrik Rombough Engineering Manager I Air Quality Program Enclosures- -----------------
DEPARTMENT OF ENVIRONMENT and NATURAL RESOURCES

April28, 2014

The Honorable Anne Hajek State Representative PO Box 1779 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 denr.sd.gov

Sioux Falls, South Dakota 57101-1779 Dear Representative Hajek: Please find enclosed a copy ofthe following documents: I. A copy ofour statement ofbasis which includes the revisions to the Administrative Rules of South Dakota, Article 74:09- Procedures Board ofMinerals and Environment, adopted by the Board ofMinerals and Environment on Aprill7, 2014; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contactme at (605) 773-3151. Sincerely,

# ~ttd- Kyrik Rombough Engineering Manager I Air Quality Program Enclosures- - -- ------------
DEPARTMENT OF ENVIRONMENT and NATURAL RESOURCES

April28, 2014

The Honorable Timothy Johns State Representative 203 W. Main St. Lead, South Dakota 57754 Dear Representative Johns: JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 denr.sd.gov

Please find enclosed a copy ofthe following documents: 1. A copy ofour statement ofbasis which includes the revisions to the Administrative Rules of South Dakota, Article 74:09- Procedures Board ofMinerals and Environment, adopted by the Board ofMinerals and Environment on April 17, 20 14; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. Sincerely, 

# 9?(;W.

Kyrik Rombough Engineering Manager I Air Quality Program Enclosures-**--~** -**-~** -----------------------------,
DEPARTMENT OF ENVIRONMENT and NATURAL RESOURCES

April28, 2014 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 denr.sd.gov

The Honorable Jean M. Hunhoff State Senator 2511 Mulligan Drive Yankton, South Dakota 57078 Dear Senator Hunhoff: Please find enclosed a copy ofthe following documents: I. A copy ofour statement ofbasis which includes the revisions to the Administrative Rules of South Dakota, Article 74:09- Procedures Board ofMinerals and Environment, adopted by the Board ofMinerals and Environment on Aprill7, 2014; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. Sincerely,
Kyrik Rombough Engineering Manager I Air Quality Program EnclosuresApril28, 2014

The Honorable Mike Yehle State Senator 132 N. Harmon Drive Mitchell, South Dakota 57301 Dear Senator Yehle: DEPARTMENT OF ENVIRONMENT and NATURAL RESOURCES JOE FOSS BUILDING

523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 denr.sd.gov

Please find enclosed a copy ofthe following documents: 1. A copy ofour statement ofbasis which includes the revisions to the Administrative Rules of South Dakota, Article 

### 74:09- Procedures Board ofMinerals and Environment, adopted by the Board ofMinerals and Environment on April17, 2014; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. 

# w

Kyrik Rombough Engineering Manager I Air Quality Program Enclosures-- -- - ----------------,
DEPARTMENT OF ENVIRONMENT and NATURAL RESOURCES

April 28, 2014

The Honorable Jim Bradford State Senator PO Box 690 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 denr.sd.gov

Pine Ridge, South Dakota 57770-0690 Dear Senator Bradford: Please find enclosed a copy ofthe following documents: 1. A copy ofour statement ofbasis which includes the revisions to the Administrative Rules of South Dakota, Article 74:09- Procedures Board ofMinerals and Environment, adopted by the Board ofMinerals and Environment on Aprill7, 2014; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. Sincerely,

# ~~ Kyrik Rombough Engineering Manager I Air QualityProgram Enclosures

# Legislative Research

Con 

# en
Sen. Ryan Maher, Chair Rep. Lance Carson, Vice Chair 

# RECE\VED APR 2 2 20\4

AIR QUALITY



### PROGRAM

Fred Schoenfeld, Interim Director Doug Decker, Code Counsel 

# Apri121,2014

TO: Rules Contacts DougDecker, Code Counsel

# ~ . Interim RulesReview CommitteeMeeting- May 6, 2014 FROM: 

### RE:
Your agency has been scheduled to present rules at the next Interim Rules Review Committee meeting (see the enclosed agenda). The agency must have a representative present at this meeting to explain the rules, give background information, or answer any questions from the committee. Each agency must serve a copy ofthe rules and otherinformation on the committee members 

### at leastfive davs before the meeting. Please review the "Directions for Submitting the Final Draft". The five-day requirement should be considered the minimum time allowed for service ofthe rules before the meeting. The committee members will use the copy ofthe rules that is served on the committee as part ofthe rule adoption process according to SDCL l-26-4 (9) to prepare for the meeting. The service ofthe rules must be done with enough time between the service ofthe rules and the meeting to allow the committee members time to review the rules prior to the meeting. A committee member who has not received the rules in time to review the rules before the meeting may vote to rejeCt the agency's

.rules. Please note that Form 12 (AFFIDAVIT) has been updated and is available on the LRC website. Thank you for your cooperation in this matter. This procedure will expedite the presentation ofyour rules before the committee and give the committee members access to the most recent version ofyour rules. DD:ks Enclosure: Agenda

Stale Capitol, 500 Enst Copitol, Pierre, SO 57501-5070 605/773-3251 -Fax 605/773-4576 1ltlp://legis.state.sd.us

# • RECEIVED APR 

## 2 2 2014 AIR QUALITY

PROGRAM 

# Rules Review Committee 

# Agenda

Representative TimothyJohns, Chair SenatorMikeVehle, Vice Chair Three hundred fortieth meeting Tuesday Room413 State Capitol Pierre, South Dakota May 6,2014 Agencies are askedto havea representative presentatthe meeting to give backgroundin(ormation on their rules.
10:00 am CT Call to order, roll call, approval ofminutes (December 17, 2013 and March 12, 2014), and staffreport Review ofproposed rules 

### Representative Johns Department of Education: Board of Education

- Amend Special Education rules to remove unused definitions, update outdated language to reflect current names, and update the definition of certain evaluators to reflect licensure by an outside agency instead of certification through the Department ofEducation; amend Certification rules to remove outdated language; and amend Teacher Preparation Program Approval rules to remove speech/language pathologists from the definition of"Other School Personnel" and remove language which is no longer needed. Department of Labor and Regulation: South Dakota Electrical Commission

- Amend rules to adopt the 2014 National Electrical Code and update the references to the 2012 International Building Code; clarifY a statutory reference regarding the maintenance electrical license; document the changes to allowable continuing education courses and the number ofhours allowed; add the ability to final void an installation at the time ofa rough-in or final inspection with notice of non-compliance to the owner; change the bonding inspection notification requirement for swimming pools; clarifY the definition of patient care space; require tamper resistant receptacle protection be utilized in residential housing units moved to new locations; repeal a rule that requires specific wiring methods for seasonal dwelling; and adopt rules regarding the undertaking fund.

### South Dakota Investment Council

- Amend a rule to cause the program management agreement for the higher education savings plan to refer to the most recent amendment to 

## A the IRS code that affects all higher education savings plans. 

# W' South Dakota Investment Council

- Amend rules to combine three sections ofrules for banks, associations, and other qualified public depositories into one section. The minimum allocation will be updated from $100,000 to equal the current FDIC deposit insurance limit; clarify that collateralization is required for the allocation amount in excess ofdeposit insurance; repeal the requirement that allocations will be determined from the summer call report and be completed by December 1; and refer to savings and loan associations as associations. Senator Yehle 

### Department of Game, Fish and Parks

- Amend Black Hills Bighorn Sheep Hunting Season rules to make the bighorn sheep auction tag valid only in Unit 2 and modify the current boundary description for Unit 1 to include only the geographic area ofthe Rapid Creek bighom sheep sub-herd population. Department ofGame, Fish and Parks

- Amend a Use ofParks and Public Lands rule to establish a year round prohibition against the establishment, utilization, or maintenance of a bait station on Game Production Areas, State Parks, State Recreation Areas, State Lakeside Use Areas, State Nature Areas, and State Water Access Areas; amend Public Water Zoning rules to amend the starting date that boating is prohibited on Reid Lake in Clark County from September 1 to October 20; amend the exiting "no wake zone" and "no swimming zone" at Spring Creek Recreation Area in Hughes County by designating the waters inside the floating breakwater protected areas as a "no wake zone," and by designating the waters within 20 feet ofthe breakwater as a "no swimming zone;" and amend the boundaries of the existing "public swimming zone" and "no wake zone" on Shadehill Reservoir in Perkins County by designating the waters fronting on the north side of the reservoir beginning 150 feet from the shore directly in front of the picnic shelter and extending 250 feet to the east along the shoreline as a "public swimming zone," and by designating the waters fronting Ketterlings Point on Shadehill Recreation Area beginning 150 feet from the shore in the center ofthe lodge on the east side ofthe point and extending around the south end ofthe point ending approximately in the center ofthe lodge on the west-facing side ofthe point as a "no wake zone;" amend Motorboats and Watercraft rules to incorporate the federal navigation rules by reference and adopt a rule to address the overloading of boats; amend Refuges rules to reclassify Reid Lake State Game Refuge in Clark County to Reid Lake Waterfowl Refuge; reclassify White Lake State Game Refuge in Marshall County to White Lake Waterfowl Refuge and modify the boundary description of this refuge; eliminate the Stink Lake Waterfowl Refuge in Marshall County; and eliminate the Dry Lake State Waterfowl Refuge in Hamlin County; and adopt a Possession, Processing and Transportation ofGame rule to authorize purchase and sale of the skins of lawfully taken cottontail rabbits and fox squirrel, grey squirrel, and red squirrel.

2'. 

### Department of Game, Fish and Parks

- Amend a Sandhill Crane Hunting Season rule to increase the possession limit as approved by the U.S. Fish and Wildlife Service; amend an Archery Deer Hunting Season rule to move the starting date from the fourth Saturday of September to the second Saturday of September and eliminate that portion of the season which runs from January 1-15; amend a Black Hills Elk Hunting Season rule to adjust the number oflicenses available and to modify the boundary ofUnit 7 to remove that portion of the unit east of Interstate 90; amend a Custer State Park Elk Hunting Season (Any Elk) rule to adjust the number oflicenses available; amend a Custer State Park Early Archery Elk Hunting Season rule to adjust the number oflicenses available; amend a Mourning Dove Hunting Season rule to increase the possession limit as approved by the U.S. Fish and Wildlife Service; amend an Archery Elk Hunting Season rule to adjust the number oflicenses available and to modify the boundary of Unit 7 to remove that portion ofthe unit east of Interstate 90; and amend a Prairie Elk Hunting Season rule to adjust the number oflicenses available, modify the boundary ofUnit 9 to add two hunting areas located east ofInterstate 90, and adjust the season dates for Unit 9 from September IS-October 31 and December 1-15 to September 15-0ctober 31 and December 1-31. Department of Transportation

- Amend a Speed Zone rule by extending an existing 65 mph speed zone on Interstate Highway 90 beginning at milepost 55.2 and ending at milepost 66.5 an additionall.3 miles east to end at milepost 67.8. Department of Transportation- Reconsideration of reverted rules (ARSD 70:07:02:13 and 70:07:02:14). Senator Bradford 

### Department ofLabor and Regulation: South Dakota Abstracters' Board ofExaminers

- Amend a rule to decrease the annual licensing fees for licensed abstracter plants. Representative Gibson 

### Department ofEnvironment and Natural Resources: Board ofMinerals and Environment

- Amend Contested Case Procedure rules to specify the conditions when a board member may not participate in a contested case hearing. Office ofthe State Auditor

- Adopt a rule to require that claims seeking reimbursement from the State for travel expenses be received by the Office ofthe State.Auditor within 60 days after the last day oftravel. Representative Hajek 

### Department ofLabor and Regulation: South Dakota Retirement System- Amend rules to place the former State Cement Plant Retirement Plan under the authority ofthe chapter governing the South Dakota Retirement System; repeal two plans that no longer have any members; revise certain provisions of the remaining plans in accordance with the

3

### '
provisions of Senate Bill 152 ofthe 2014 Legislature; and provide a current reference date for the Internal Revenue Code to incorporate the current federal requirements. 

# e
1:30 pm CT Adjourn 

## * Breaks will be at the call ofthe chair. 

### NOTE: A copy of the proposed rules being reviewed at the meeting may be obtained without charge by contacting the department, board, or commission. Copies may also be available at https://rules.sd.gov/default.aspx.

Members: Representative Timothy Johns (Chair); Senator Mike Yehle (Vice Chair); Senators Jim Bradford and Jean Hunhoff; and Representatives Peggy Gibson and Anne Hajek.

This meeting is being held in a physically accessible location. Any individual needing assistance, pursuant to the Americans with Disabilities Act, shouldcontact the Legislative Research Council (605-773-3251) in advance ofthe meeting to make further arrangements. All committee agendas and minutes are available on the LRC website: http://leeis.sd.gov/. You may subscribe to electronic delivery of agendas and minutes atE-Subscribe on the LRC website.

4IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES APPROVAL OF RULES
Following a public hearing held on April 17,2014, the amendments to article 74:09 by adding sections 74:09:01:20 and 74:09:01:21, attached, are approved and will become effective twenty days after filing with the Secretary ofState:

LEGISLATIVE RESEARCH COUNCIL (for legality and for form and style) BOARD OF MINERALS AND ENVIRONMENT

# ~~~"\_ Date 

## Ap...-.'1 

# Jl .;{ott.!

Lee M. McCahren, Vice Chairman

Linda Hilde

# l!LM~ Glenn BlumhardtIN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES CERTIFICATE

I, Richard C. Sweetman, hereby certify that I am a duly appointed member and the duly elected chair ofthe Board ofMinerals and Environment and that the attached instruments are full, true, and correct copies ofthe following rules adopted by the Board ofMinerals and Environment on April 17, 2014: The amendments to article 74:09 by adding sections 74:09:01:20 and 74:09:01:21 I further certify that SDCL 1-26-4 and 1-26-6 were complied with in the adoption ofthese rules. These rules will become effective twenty days after filing with the Secretary ofState.

Subscribed and sworn to before me this 

# flday

# ~:**ttLMt~** Notar)TPUblic

- South Dakota (Seal) My Commission expires

### ~~=-:--c-:-:::-::=:-;-;' 20
. 

### a

RENDAANDERSON,

## NolalrPuillle MyCommiaaioft&plrw

October26,2016MEMO TO: FROM: May 9, 2014 Secretary ofState Jason M. Gant Kyrik

# Ro~~gh, Engineering Manager I Air Quality Program 

## RECEIVED MAY 

## 09 2014 S.D.SEC.OFSTATE

SUBJECT: Final Rules ofAmendments to ARSD 74:09- Procedures Board of Minerals and Environment ' 

### '

I have enclosed a packet pertainingto the final rules ofthe amendments to ARSD 74:09 Procedures Board ofMinerals and Environment: I " 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; and • A copy ofthe final rules, which show the changes to the currentprinted rules with overstrikes and red coloring for deletions and underscores and blue coloring for additions Ifyou have any questions, please contact me at (605) 773-3151.IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES CERTIFICATE

I, Richard C. Sweetman, hereby certify that I am a duly appointed member and the duly elected chair ofthe Board ofMinerals and Environment and that the attached instruments are full, true, and correct copies ofthe following rules adopted by the Board ofMinerals and Environment on April17, 2014: The amendments to article 74:09 by adding sections 74:09:01:20 and 74:09:01:21 I further certify that SDCL 1-26-4 and 1-26-6 were complied with in the adoption ofthese rules. These rules will become effective twenty days after filing with the Secretary ofState.

Subscribed and sworn to before me this

# n day

# o~:tf!4~~ NOta!')IPUblic

- South Dakota (Seal) My Commission expires

### ~-=-==-c-:-:-:==-:-;' 20
. 6RENDAANDERSON,

## NoJarrPuilllc MyCommiaioll&pins

October26,2016IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES APPROVAL OF RULES
Following a public hearing held on April 17, 2014, the amendments to article 74:09 by adding sections 74:09:01:20 and 74:09:01:21, attached, are approved and will become effective twenty days after filing with the Secretary ofState:

# ~~ LEGISLATIVE RESEARCH COUNCIL (for legality and for form arid style) BOARD OF MINERALS AND ENVIRONMENT

# £LJ~4:eu

# 1 Richard C.

### Swe~**an~hairman** \.___

Peter Bullene Lee M. McCahren, Vice Chairman

Linda Hilde

Glenn Blumhardt

# APPENDIXA

REVISIONS TO

ADMINSTRATIVE RULES OF 

# SOUTHDAKOTA 74:09

# It

t Chapter 74:09:01

Section ARTICLE 74:09

PROCEDURES -- BOARD OF MINERALS AND ENVIRONMENT



### Contested case procedure.

CHAPTER 74:09:01

CONTESTED CASE PROCEDURE



### 74:09:01:01 Petition to initiate contested case. 74:09:01:02 Board initiation ofcontested case. 74:09:01:03 Answer to petition to initiate contested case. 74:09:01:04 Intervention in contested case. 74:09:01:05 Initiation ofenforcement hearing. 74:09:01:06 Intervention in enforcement hearings not allowed. 74:09:01:07 Pleadings to be filed with department. 74:09:01:08 Appointment ofchair ofhearing.

A-174:09:01:09 74:09:01:10 74:09:01:11 74:09:01:12 74:09:01:13 74:09:01:14 74:09:01:15 74:09:01:16 74:09:01:17 74:09:01:18 74:09:01:19 74:09:01:20 74:09:01:21 Motions. Prehearing conference. Notice ofcontested case. Subpoenas. Conduct ofhearings. Transcripts. Service. Degree ofproofrequired. Appointment ofhearing examiner. Decision ofboard. Findings offact, conclusions oflaw, and orders. Board memberconflict ofinterest Board memberpotential conflict ofinterests



### ARSD 74:09:01:20. Board member conflict ofinterest. A board member who is personally related to a partyinvolved in a contested case hearing by two degrees ofconsanguinity, who has
a direct financial interest in a party involved in a contested case hearing through employment or by contract, or whose spouse is employed by or directly contracts with a party involved in a contested case hearing, may notparticipate in a contested case proceeding concerning thatparty. Themember shall make an oral statement ofrecusal on the record at the initiation ofthe hearing in the contested case. A recused member may not participate in board discussions or decisionmakingregarding that contested case proceeding. 

### Source:

A-2General Authority: 

### SDCL 34A-l-6, 34A-6-1.6, 34A-6-1.14, 34A-ll-9, 45-9-13. Law Implemented: 

### SDCL 1-26-27, 34A-l-21, 34A-l-43, 34A-l-44, 34A-l-45, 34A-lARSD 74:09:01:21. Board member potential conflicts ofinterests. A potential conflict of interest is an indirect financial interest, or a personal relationship or another interest in a party involved in a contested case hearing or enforcementhearing that is different from that ofthe general public, that a reasonable person would believe might result in bias orprejudgment ofa contested case hearing. Board members shall disclose any potential conflict ofinterest in a contested case proceeding on the record at the initiation ofthe hearing. or during the hearing if they become aware ofthe existence ofa potential conflict ofinterest. Upon its own motion or the motion ofa party, the board mayrecuse a member with apotential conflict ofinterest ifit determines that the potential conflict ofinterest raises an unacceptable risk ofbias or prejudgmentin the contested case proceeding. Source: General Authority: 

### SDCL 34A-l-6, 34A-6-1.6, 34A-6-1.14, 34A-ll-9, 45-9-13. Law Implemented: 

### SDCL 1-26-27, 34A-l-21, 34A-l-43, 34A-l-44, 34A-l-45, 34A-lA-3