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 of the Department of Environment and Natural Resources (DENR) has been 

delegated by the Governor of South Dakota as his designee for the Air Quality Program in South 

Dakota. In that capacity, I am amending South Dakota's Air Quality Program as specified in 

Attachment A. 

The Board of Minerals and Environment approved changes to South Dakota's Air Quality 

Program during a public hearing on Aprill7, 2014. The changes were approved by the Interim 

Rules Committee on May 6, 2014, and were effective on May 30, 2014. I have enclosed a copy 

of Administrative Rules of South Dakota, Article 74:09- Procedures Board of Minerals 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 

of these requests. Please have your staff contact Kyrik Rombough at (605) 773-3151, if there are 

any questions. 

~-·-- Steven M. Pirner 

Secretary 

Enclosures 
Attachment A 

South Dakota's State Implementation Plan 

EPA notified DENR that South Dakota's State Implementation Plan does not comply with 

Section 128 of the Clean Air Act. Section 128 of the Clean Air Act specifies: 

(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 under this 

chapter shall have at least a majority of members who represent the public interest 

and do not derive any significant portion of their income from persons subject to 

permits or enforcement orders under this chapter, and 

(2) any potential conflicts of interest by members of such board or body or the head 

of an executive agency with similar powers be adequately disclosed 

A State may adopt 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), and the Administrator shall approve any 

such more stringent requirements submitted as part of an implementation plan. 

South Dakota Codified Law 1-40-25.1 

South Dakota Codified Laws (SDCL) 1-40-25.1 currently addresses paragraph (a)(!) of section 

128 ofthe Clean Air Act that specifies the makeup of the 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 

of South 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 and Environment composed in conformance with Clean 

Air Act. ln addition to the provisions of§ 1-40-25, the Board of Minerals and 

Environment shall be composed in conformance with the requirement of the Clean Air 

Act§ 128 (42 USC§ 7428) as amended to January 1, 1995,for all permits and 

enforcement orders initiated under chapter 34A-1. 
Administrative Rules of South Dalmta 74:09 

The Board of Minerals and Environment approved changes to Administrative Rules of South 

Dakota (ARSD), Article 74:09- Procedures Board of Minerals and Environment. The changes 

address paragraph (a)(2) of section 128 of the Clean Air act that specifies potential conflicts of a 

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 of the South 

Dakota Supreme Court concerning board member conflicts of interest in contested case 

proceedings held under SDCL ch. 1-26 (Armstrong v. Turner County Board of 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. Board member conflict of interest. A board member who is 

personally related to a party involved in a contested case hearing by two degrees of 

consanguinity, 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 of recusal on the record at the initiation of the hearing in the contested case. A 

recused member may not participate in board discussions or decision-making regarding 

that contested case proceeding. 

ARSD 74:09:01:21. Board member potential conflicts of interests. 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 of the general public, that a reasonable person would believe might result in bias or 

prejudgment of a contested case hearing. Board members shall disclose any potential 

conflict of interest in a contested case proceeding on the record at the initiation of the 

hearing, or during the hearing if they become aware of the existence of a potential 

conflict of interest. Upon its own motion or the motion of a party, the board may recuse 

a member with a potential conflict of interest if it determines that the potential conflict of 

interest raises an unacceptable risk of bias or prejudgment in the contested case 

proceeding. 
PART V- PROCEDURE FOR ADOPTING PERMANENT RULES 

Notice: 

I Serve head of department with a copy of 

,/ (1) admission of service (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 

of Finance and Management (BFM), publication of notice, 

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 of service (Form 3 or 4 as applicable); 

-'(2) notice of hearing; 

.(3) fiscal note; 

v'(4) proposed rules- double spaced; 

1(5) (LRC only) copies of admission of service on department 

secretary and authorization to proceed (Forms I and 2); 

v(6) (LRC only) one copy of any materials incorporated by 

reference. The materials will be returned after the review 

is complete; and 

v(7) Small Business Impact Statement (Form 14) 

If rules have a negative fiscal impact on local political 

i"' subdivisions, ask BFM to send a copy of its fiscal note to 

South Dakota Municipal League, Associated School Boards 

of South Dakota, and South Dakota County Commissioners 

Association. 

I Publish notice of hearing in a manner selected to notify 

persons likely to be affected; minimum legal test is publication 

of notice in at least three newspapers of general circulation in 

different parts of the 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) 

1-26-6.5 
Hold public hearing. If a board or commission has 

J rule-making authority, a majority of the board or 

commission must be present at the hearing. 

Keep comment period open for ten days following hearing; 

however, if agency is part-time citizen board or part-time 

commission, close comment period at end of hearing unless 

hearing is specifically continued to take additional comments. 

Adoption process: 

j Make changes in rules after consideration of comments 

by public; make LRC's recommended changes; changes 

must be within the scope of the notice. 

J Have rules signed by the person or a majority of the 

body with the authority to adopt them (Form II). 

Serve Rules Committee with minutes of public hearing, 

J complete record of written comments, and final draft 

of rules after hearing. 

Serve final draft of rules with Legislative Research Council 

J and obtain signature of LRC 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 of State: 

File a copy of Form 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 of State if the agency has appeared before the Rules Committee 

and minutes and final rules were served on the Rules Committee and if all 

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 of State. 

Effective date: 

Rules are provisionally effective on the 20th day 

after filing with the Secretary of State. 

Rules are finally effective on July I after the next 

legislative session. 

42 

SDCL 1-26-6 

SDCL 1-26-6 
, 

PROCEDURE FOR ADOPTING 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 of hearing and send 

notice to interested persons 

Wait 20 days 

Step 4 

Form 10 

Hold public hearing 

Wait I 0 days unless the entity 

promulgating the rules is a board or 

a multi person 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 of hearing to Rules Committee. 

Appear and present rules to the Committee 

Step 7 

Form 13 

File rules and certificate of compliance 

with Secretary of State 

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 50.1 0), the fiscal note, 

which is obtained from the Bureau 

of Finance and Management, and 

Form 8, affidavit of publication, 

which is provided by the newspapers 

publishing your notice. 

Keep the originals of all of the 

documents in your agency files, 

SDCL 1-26-7. However, the original 

of Form 13, the certificate, must be 

filed with the Secretary of State. 

While it is not required by statute, the 

Secretary of State has requested that a 

copy of Form II be filed with the 

rules and the certificate (Step 7). 

A more detailed explanation of this 

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 of Minerals 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 of Department 

~· of Environment and Natural Resources 
IN 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 of the 

Department of Environment and Natural Resources, waive the fifteen-day waiting period before 

proceeding with the promulgation of the proposal for the Board of Minerals 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 of Department of Environment and Natural Resources 
SMALL 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 (please provide a brief explanation, then sign, date, and submit form. 

Questions 2 through 8 do not need to be answered) 

X No Impact (please provide a brief explanation, sign, date, and submit form - Questions 2 

through 8 do not need to be answered) 

Clean Air Act Section II 0 specifies the requirements that states need to address to 

receive delegation of the EPA Federal Air Pollution Control Program to 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. If the 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 plant relating to Section 128 of 

the Clean Air Act requirement were not sufficient. Section 128 of the Clean Air Act 

specifies the requirements for the makeup of a state board and conflict of interest for a 

state board such as the Board of Minerals and Environment. 

The amendments to ARSD 74:09 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 128 of the Clean Air Act and to allow South Dakota to maintain 

delegation of its air quality program. 

The amendments do not have a direct impact on small businesses. 

2. A general narrative and overview of the effect of the rule(s) on small business- written in 

plain, easy to read language: 

3. What is the basis for the enactment of the 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 of small businesses would be subject to the rule? 

6. Estimate the number of small 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 of professional skills would be necessary to prepare the reports or 

records? 

0 The average owner of a 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 of a CPA to 

complete the reports and/or records 

0 It is likely that a small business person would need the assistance of an 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 of the rule (i.e. 

fewer reports, less recordkeeping, lower penalties)? 

0 No - please explain: 

0 Yes- please explain ________________________ _ 

Approved by: 

Secretary of the Department of Environment 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 IMP ACT 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 of local 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 of Department 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 of Minerals and Environment to adopt amendments to 

article 74:09 by adding sections 74:09:01:20 and 74:09:01:21; 

(2) the Secretary of the Department of Environment and Natural Resources' Admission of 

Service and Waiver of Waiting Period; 

(3) the notice of hearing; 

( 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 

Doug Decker, Code Counsel 

March 21,2014 

Mr. Joe Nadenicek 

South Dakota Department of Environment and Natural Resources 

523 East Capitol Avenue 

Pierre, South Dakota 57501 

Dear Mr. Nadenicek: 

RECEIVED 

MAR 2 5 2014 

AIR QUALITY 

PROGRAM 

The South Dakota Board of Minerals and Environment has proposed the adoption of ARSD 

74:09:01:20 and 74:09:01:21 - BME Contested Case Procedure, which is scheduled for hearing 

on April 17,2014. We have reviewed the proposed rules and approve them for legality. 

This Jetter is based on a preliminary review of your rules. Attached are your rules edited for 

form and style pursuant to SDCL 1-26-6.5 and directions for submittingthe final draft of the 

rules. If you have any questions, please don't hesitate to caiJ me or the staff member who has 

reviewed your rule. 

Sincerely yours, 

~er Code Counsel 

DD:TM 

Cc: Kyrik Rombough, 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 Draft to the Legislative Research Council: Bring the final draft of the 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 of the first draft; 

2. One legible copy of the 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 of overstrikes and underscores; 

3. The original Form #II which contains the signature of the officer empowered to adopt the 

rules or the signatures of a majority of the members of a board or commission which has the 

rule-making authority; and 

4. Copies of the following: 

a. The minutes of all public hearings, (a summary of the minutes if needed); and 

b. The affidavit of mailing 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 of the adopted rules (three-hole punched and numbered by page); 

2. The minutes of the public hearing; 

a. Include a summary of the hearing if a verbatim transcript is used; 

b. Include a summary of any subsequent hearing if the public hearing is continued or final 

action is taken at a later date; 

3. A summary of the written comments or copies of the written comments; 

4. The Impact Statement on Small Business; 

5. The Fiscal Note; and 

6. Agency financial resource information if the 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 of the rules with the Secretary of State's Office. 

Although it is not required by statute, the Secretary of State's Office would like to have a copy of 

the approval signature sheet with the filing of the 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 of contested 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 of enforcement 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 of chair of hearing. 

A-1 
74:09:01:09 Motions. 

74:09:01:10 Prehearing conference. 

74:09:01:11 Notice of contested case. 

74:09:01:12 Subpoenas. 

74:09:01:13 Conduct of hearings. 

74:09:01:14 Transcripts. 

74:09:01:15 Service. 

74:09:01:16 Degree of proof required. 

7 4:09:0 I: 17 Appointment of hearing examiner. 

74:09:01:18 Decision ofboard. 

74:09:01:19 Findings offact, conclusions oflaw, and orders. 

74:09:01:20 Board member conflict of interest 

74:09:01:21 Board member potential conflict of interests 

ARSD 74:09:01:20. Board member conflict of interest. A board member who is personally 

related to a party involved in a contested case hearing by two degrees of consanguinity, 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 of recusal on the record at the initiation of the hearing 

in the contested case. A recused member may not participate in board discussions or decisionmaking regarding that contested case proceeding. 

Source: 

A-2 
General 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 of interests. 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 of the 

general public, that a reasonable person would believe might result in bias or prejudgment of a 

contested case hearing. Board members shall disclose any potential conflict of interest in a 

contested case proceeding on the record at the initiation of the hearing, or during the hearing if 

they become aware oftbe existence of a potential conflict of interest. Upon its own motion or 

determines that the potential conflict of interest raises an unacceptable risk of bias 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-3 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

Personal service of 

ADMISSION OF SERVICE 

(l) the proposal for the Board of Minerals 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 of hearing, 

(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 FINANCE AND MANAGEMENT 

MEMORANDUM 

Department of Environment and Natural Resources 

Bureau of Finance and Management 

Fiscal Note 

March 20, 2014 

RECEIVED 

MAR 2 1 2014 

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) 773-4711 
DEPARTMENT 

ADMINISTRATIVE PROCEDURES ACT 

FISCAL NOTE 

Prepared by Submitting Agency 

RECEIVED 

MAR 21 2014 

AIR QUALITY 

PROGRAM 

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: Apri/17, 2014. 

FISCAL IMPACT STATEMENT: 

These rules have minimal impacts to all entities. The rules specify the conditions when a Bo8rd member may not participate in 

a contested case hearing. 

FISCAL NOTE SUMMARY: . 

List state agencifJS of local governmental S!.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 of rules 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; and 5) small business impact statement 

Revised June 2004 
ARTICLE 74:09 

PROCEDURES BOARD OF MINERALS AND ENVIRONMENT 

NOTICE OF PUBLIC HEARING TO REVISE RULES 

The Board of Minerals 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) 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. 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 of the three year 

period, the state is required to certify the infrastructure of its plan is equivalent to EPA's 

regulations and is meeting the requirements of the Clean Air Act. Recently, EPA determined 

that many of the state implementation plans, including South Dakota's, relating to Section 128 of 

the Clean Air Act requirement were not sufficient. Section 128 of the 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 of the Clean Air Act and to allow South Dakota to maintain delegation of its 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 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 April16, 2014, to be considered. 

After the hearing, the Board of Minerals and Environment will consider all written and oral 

comments 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 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 if you have 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 obtained without charge from 

Kyrik Rombough, Engineering Manager I 

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:/ I denr .sd. gov /public/ default.aspx 

Steven ME?- M. Pirner, Secretary 

Department of Environment and Natural Resources 

Published once at the total approximate cost of _____ _ 
PROPOSED AMENDMENTS TO ARSD 74:09 

PROCEDURES 

BOARD OF MINERALS AND ENVIRONMENT 

April17, 2014 

1 
Table of Contents 

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 Case Procedure .••• 4 

2 
1.0 Background 

The Air Quality Program within the South Dakota Department of Environment and Natural 

Resources (DENR) implements federal air pollution control programs. There are several 

different types of air pollution control program and each program has a different procedure by 

which the U.S. Environmental Protection Agency (EPA) gives states the authority to implement 

the federal air pollution control program. 

The first type of federal 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. If a state does not develop a State 

Implementation Plan, EPA is required to establish a Federal Implementation Plan in its place. 

South Dakota currently has a State Implementation Plan in place to meet and/or maintain the 

federal National Ambient Air Quality Standards. 

Each time DENR revises its rules that impact the State Implementation Plan, EPA reviews the 

state's rules to determine if the rules are equivalent to the federal air pollution control program. 

If the state's rules are equivalent, EPA includes the state's rules in the State Implementation Plan 

after public noticing its decision in a federal register notice. Before a state rule is approved by the 

EPA, it is only enforceable by the state. After being approved by the EPA, a state rule is 

federally-enforceable and can be enforced in court by the state and federal government as well 

by the public under the citizen suit provision of the Clean Air Act. 

A second type of federal air pollution control program is a delegated program. Under these 

programs, the EPA maintains the overall authority and interpretation of the program. A state is 

granted the authority to implement and enforce the program in lieu of EPA. 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 by reference is the simplest method DENR has found 

to achieve this goal. The most notable EPA delegated federal air pollution programs in South 

Dakota's rules are the New Source Performance Standards (ARSD 74:36:07) and the National 

Emission Standards for Hazardous Air Pollutants (ARSD 74:36:08). 

Again, each time DENR revises its rules that impact a delegated federal air pollution program, 

EPA reviews the state's rules to determine if the rules are equivalent to the federal air pollution 

control program. If the state's rules are equivalent, EPA notifies the state that they are delegated 

to implement the federal air pollution control program. 

A third type of federal air pollution control program is an EPA approved program. As with the 

first two federal air pollution 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. The most notable EPA approved program in South Dakota's rules is 

the Title V air quality operating permit program (ARSD 74:36:05). 

Again, each time DENR revises its rules that impact an approved federal air pollution program, 

EPA reviews the state's rules to determine if the rules are equivalent to the federal air pollution 
control program. If the state's rules are equivalent, EPA approves the state's rules after public 

noticing its decision in a federal register notice. 

Recently, EPA determined that many of the state implementation plans, including South 

Dakota's, relating to Section 128 of the Clean Air Act requirement were not sufficient. Section 

128 of the Clean Air Act specifies the requirements for a state board or body that approves air 

quality permits or enforcement orders. The specifications for the state board or body deal with 

the makeup and any potential conflict of interest. The Board of Minerals and Environment has 

the potential to approve air quality permits and enforcement orders, therefore, DENR needs to 

satisfy the requirements in Section 128 of the Clean Air Act to maintain and implement the 

federal air pollution control programs that are part of the State Implementation Plan. 

South Dakota Codified Laws (SDCL) 1-40-25.1 currently addresses the Board of Minerals and 

Environment's makeup but was never submitted to EPA for inclusion in the State 

Implementation Plan. DENR is proposing revisions to Article 74:09 (Procedures- Board of 

Minerals and Environment) to address the potential conflicts of interest requirements. If 

approved, DENR will submit SDCL 1-40-25.1 and the proposed revisions in Appendix A to EPA 

as part of South Dakota's State Implementation Plan. 

2.0 National Ambient Air Quality Standards 

EPA has established National Ambient Air Quality Standards for a list of air pollutants termed 

criteria air pollutants. There are six criteria air pollutants (i.e., particulate matter, sulfur dioxide, 

nitrogen dioxide, ozone, lead and carbon monoxide). There are two types of National Ambient 

Air Quality Standards established for each criteria air pollutant, primary and secondary. Primary 

standards define levels that protect the public health with a margin of safety. The secondary 

standards define levels to protect the public welfare from known or anticipated adverse effects 

from air pollution. EPA is required by the Clean Air Act to review the standards every five years 

and revise, add additional standards, or not change the standards based on its review. Since 

1997, EPA has 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 EPA revises 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 the revised or added national ambient air quality standard in state rule and 

demonstrating through existing ambient air monitoring 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 implementation plan is equivalent to EPA's 

regulations and is meeting the requirements of the Clean Air Act. 

2 
2.1 State Implementation Plan 

As EPA continues to update their regulations and National Ambient Air Quality Standards, 

DENR must also update the state regulations and request approval from EPA to 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 at 40 Code Federal 

Regulations Part 52 Section 52.2170 and is located at the following website: 

htto://www.ecfr.gov/cgi-bin/textidx?SID=2e4398943ae5e0bbcl c576865ld86e72&node=40:5.0.1.1.1.4&rgn=div 

This federal section contains a history of South Dakota's State Implementation Plan submittals 

dating back to our initial State Implementation Plan in 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 of South Dakota. The State 

Implementation Plan primarily consists of certain chapters and sections of the state rules. For 

example, Chapter 74:36:02- Ambient Air Quality is part of the State Implementation Plan 

where DENR has adopted the federal National Ambient Air Quality Standards. This chapter also 

specifies where DENR establishes ambient air monitoring sites and what type of criteria 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 part of the State Implementation Plan used to permit businesses 

and facilities and establish air emission limits to ensure South Dakota maintains its ambient air 

quality below the National Ambient Air Quality Standards. 

2.2 Infrastructure Certification 

Section llO(a)(l) 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. 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 of the three year period 

the state is required to certifY the infrastructure of its plan is equivalent to EPA's regulations and 

is meeting the requirements of the Clean Air Act. The results of the state's infrastructure review 

are required to be reasonably noticed and hold a hearing if one is requested to allow public 

participation in the review process. Once the public comment period and hearing, if one is 

requested, is complete, DENR sends EPA a request to approve the infrastructure certification and 

includes any comments received or sent during the public process. EPA then reviews the 

infrastructure certification. If EPA determines something is missing in South Dakota's State 

Implementation Plan, EPA will partially approve or disapprove the certification. 

3 
DENR has submitted infrastructure certifications on seven of the eight standard changes (i.e., 

two for particulate matter, two for ozone, one for lead, one for sulfur dioxide, and one for 

nitrogen oxide). DENR will need to submit another infrastructure certification to EPA for the 

most recent revision to the particulate matter standard by March 18,2016. 

The seven infrastructure certifications DENR submitted are currently being reviewed by EPA 

During EPA's review ofDENR's infrastructure certification and other state infrastructure 

certification, EPA determined that many of the state implementation plans relating to Section 

128 of the Clean Air Act requirement were not sufficient. Therefore, DENR is proposing 

revisions to satisfy the requirements in Section 128 of the Clean Air Act to maintain and 

implement the federal air pollution control programs that are part of the State Implementation 

Plan. 

3.0 Proposed Revisions to Chapter 74:09:01- Contested Case Procedure 

EPA notified DENR that South Dakota's State Implementation Plans does not comply with 

Section 128 of the Clean Air Act. Section 128 of the Clean Air Act specifies: 

(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 under this 

chapter shall have at least a mqjority of members who represent the public interest 

and do not derive any significant portion of their income from persons subject to 

permits or enforcement orders under this chapter, and 

(2) any potential conflicts of interest by members of such board or body or the head 

of an executive agency with similar powers be adequately disclosed. 

A State may adopt 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), and the Administrator shall approve any 

such more stringent requirements submitted as part of an implementation plan. 

South Dakota Codified Laws (SDCL) 1-40-25.1 currently addresses the Board of Minerals and 

Environment's paragraph ( a)(l) of section 128 of the Clean Air Act that specifies the makeup of 

the state board. This statute went into effect in 1995 and was referenced by DENR in its package 

to EPA for receiving approval ofDENR's Title V air quality operating program. As stated 

before, an EPA approved program is not part of South Dakota's State Implementation Plan. 

Therefore, DENR will submit SDCL 1-40-25.1 to EPA as part of South Dakota's State 

Implementation Plan. SDCL 1-40-25.1 states: 

1-40-25.1. Board of Minerals and Environment composed in conformance with Clean 

Air Act. In addition to the provisions of§ 1-40-25, the Board of Minerals and 

Environment shall be composed in conformance with the requirement of the Clean Air 

4 
Act§ 128 (42 USC§ 7428) as amended to January I, 1995,for all permits and 

enforcement orders initiated under chapter 34A-l. 

DENR discussed whether the potential conflicts of interest provision should be in statute or rule 

with the Attorney General's Office. The Attorney General's Office indicated it could be in either 

location. Due to timing, DENR recommends the potential conflict of interest 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. These two sections specify the conditions 

when a Board member may not participate in a contested case hearing, and are based on case law 

of the South Dakota Supreme Court concerning board member conflicts of interest in contested 

case proceedings held under SDCL ch. 1-26 (Armstrong v. Turner County Board 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 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 of contested 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 of enforcement 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 of chair of hearing. 

A-I 
74:09:01:09 Motions. 

74:09:01:10 Prehearing conference. 

74:09:01:11 Notice of contested case. 

74:09:01:12 Subpoenas. 

74:09:01:13 Conduct of hearings. 

74:09:01:14 Transcripts. 

74:09:01:15 Service. 

74:09:01:16 Degree of proof required. 

74:09:01:17 Appointment of hearing examiner. 

74:09:01:18 Decision ofboard. 

74:09:01:19 Findings of fact, conclusions of law, and orders. 

74:09:01:20 Board member conflict of interest 

74:09:01:21 Board member potential conflict of interests 

ARSD 74:09:01:20. Board member conflict of interest. A board member who is personally 

related to a party involved in a contested case hearing by two degrees of consanguinity, 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 of recusal 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-2 
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-l-21, 34A-1-43, 34A-l-44, 34A-1-45, 34A-1-

ARSD 74:09:01:21. Board member potential conflicts of interests. 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 of the 

general public, that a reasonable person would believe might result in bias or prejudgment of a 

contested case hearing. Board members shall disclose any potential conflict of interest in a 

contested case proceeding on the record at the initiation of the hearing, or during the hearing if 

they become aware of the existence of a potential conflict of interest. Upon its own motion or 

the motion of a party, the Board may recuse a member with a potential conflict of interest if it 

determines that the potential conflict of interest raises an unacceptable risk of bias 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 of Minerals and Environment will hold a public hearing to consider the proposed 

amendment to article 74:09. Section IIO(a)(l) 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 ofthe state 

implementation plans, including South Dakota's, relating to Section 128 of the Clean Air Act 

were not sufficient. Section 128 of the Clean Air Act specifies the requirements for a state board 

or body that approves air quality permits or enforcement orders. 

The effect of the 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 of the Clean Air Act and to allow South Dakota to maintain delegation of its 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 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 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 of SD 

300 East Capitol 

Pierre, SO 5750 I 

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 A venue 

Bismarck, NO 58501 
Max Main 

Bennett Main & Gubbrud 

618 State St 

Belle Fourche, SD 57717-1419 

Blaise Emerson 

BH Council of Local 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 of Certification 

3466 Shadow Wood Ln 

West Fargo, ND 58078-7954 

Glenn Blumhardt 

Board of Minerals 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 of Minerals & Environment 

114 N. University Street 

Vermillion, SD 57069 

Peter Bullene 

Board of Minerals and Environment 

301 20th Avenue SE 

Watertown, SD 57201 

I 

I 
Rexford Hagg 

Board of Minerals and Environment 

1721 West Boulevard 

Rapid City, SD 57701 

Doyle Karpen 

Board of Minerals and Environment 

47946 332nd Street 

Jefferson, SD 57038 

Bob Morris 

Board of Minerals 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 of Land 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 of Minerals and Environment 

104 Woodland Drive 

Madison, SD 57042-0019 

Dennis Landguth 

Board of Minerals and Environment 

613 Alta Vista Court 

Rapid City, SD 57701 

Richard C Sweetman 

Board of Minerals and Environment 

PO Box 2320 

Sioux Falls, SD 57101 

JeffBroin 

Broin Enterprises 

PO Box 330 Washington Street 

Scotland, SD 57059 

Allen Ollila 

Bureau of Land 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 57625-0590 
Charlotte Kraft 

Citation Publishing 

7729 E Greenway Rd Ste 300 

Scottsdale, AZ 85260-1734 

Brett Limbaugh Director 

Community Planning and Develoment Services 

3 00 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 

Dakota Milling & Grain 

POBox 2340 

Rapid City, SD 57709-2340 

Alex Huff 

Dakota Southern Railroad 

PO Box436 

Chamberlain, SD 57325-0436 

Stan Michals 

Dept. of Game Fish & Parks 

4130 Adventure Tr 

Rapid City, SD 57702-4804 

Larry Johnson 

Dustcoating 

4463 50th St NE 

Buffalo, MN 55313-3722 

EugeneHoug 

City of Yankton 

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 of the 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 Scott Drive 

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 of Atmospheric Sciences 

501 ESt Joseph 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 57701 
Meade 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 Greff Dannen 

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 As soc of Health Care Organizations 

3708 Brooks Place Suite 1 

Sioux Falls, SD 57106 

Steve Hasenohrl 

SD Dept of Ag Div of Wildlife 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 of Governments 

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 5750 I 

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 St N 

Sioux Falls, SD 57104 
Nanette Dailey 

State of South Dakota 

700 E Broadway A venue 

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 

Wharf Resources (USA) Inc. 

10928 Wharf Road 

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 A venue 

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 57030-6053 
Ingrid Long Soldier 

26551 20 Mile Rd 

Custer, SD 57730-9100 

--- ------------------------

Mark Watson 

315 Seaton Cir 

Spearfish, SD 57783-3212 
Williams, 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; Kathy Johnson; 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 

-ct specifies 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 

2 
Williams, 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 

1 
IN 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 of rule-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~~ 

MyCommiaion Elplm 

Odober26, 2016 
Williams, 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 

1 
Williams, 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 

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 

Secretary 

Division of Environmental Services 

enclosure(s) 

1 
RECEIVED 

MAR 19 2014 

AIR QUALITY 

AFFIDAVIT OF PUBLI 

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 of said publisher and has 

personal knowledge of all facts sta in this affidavit; That the advertisement 

headed: ~~ 17 Ljy J 

a printed copy of which is hereunto attached, was printed and published 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 second publication being made on the ___ day of 2014 

The third publication being made on the day of 20 I 4 

The fourth publication being made on the day of 2014 

The fifth publication being made on the day of , 2014 

The sixth publication being made on the day of 20 I 4 

That said newspaper is a legal newspaper published five days or more each week; 

with a bona tide circulation of mere than two hundred copies daily; published in the 

English language within the said county of Brown for more than one year prior to the 

first publication of said notice; and printed in whole in an office maintained at the 

place of publication of said newspaper; That the whole amount of the fee paid for the 

publication of the annexed notice is$ tf:J3 < /1) , which insures solely 

to the benefit of said publisher; That no agreement or understanding for a division 

thereof had been made with any other person; and That no part thereof has been 

agreed to be paid to any person 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 period to'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 ~ecently, 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 of the creiiR< Act 

specifies the requirementS tor1i"sfate 

board or body that" approves a.i.;~J)Iity 

pennits or enforcemElnt orders~ ·~. · ' . {,\.JUJ 

The effect of the 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 may do 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~erals and Environment may modifyjor 

amend a proposed rule at thattJme to' Include or exclude matters that are ~ascribed In this notice. 1 

. ' Notice Is further given to indlvlduals·With 

dlsal:lllltles that this hearing Js·belng h'etd 

In a physically accessible place. Ple.se 

notify the department at least 48 hOJ.Irs 

before the public hearing. if you 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 ' cO pres of the proposed rules !flll~ Pbr---rr---r...-,,--,.----------------------------------talned without 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 0 7 201\ 

ss 

County of Brookings AIR QUALITY PROGRAM 

Jennifer Milligan of said county, first duly sworn, on oath, 

says: That she is the office clerk of THE 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 of the 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~!/f1 "(' J2l)qf the Glean A.ir Act tQ .individuals; With dls- PROCEDUR~S 1

·::·' ~~ req_olres eacl:'l. ·state . tb abilities-that ttliS h-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 must be 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 1 O.OO a._ln. cen- .

1 infraStructure 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 ·7 4:09 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:~ 

requltlmleilts 1h 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 given 
PRINTER'S AFFIDAVIT 

STATE OF SOUTH DAKOTA, 

COUNTY OF BEADLE: ss 

RECEIVED 

APR 0 2 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 of at 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 of said 

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 of the said newspaper, the 

publication was of the 15TH day MARCH 2014. That 

the full amount of the fee charged for publishing is: 

FORTY-EIGHT & 74/00 dollars insures to the 

benefit of the publisher 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 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 cia I 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 OF PUBLICATION 

AFFIDAVIT OF PUBLICATIO~ECEIVE,.J 

STATE OF SOUTH DAKOTA 

County of Lake 

} 

} ss. 

} 

MAR 2 I 20:~ 

AIR QUALITY 

PROGRAM 

.................. §.~.~./\~.~.~ .. ~.~.~9. .................. of the City of Madison, County of Lake, 

State of South Dakota, being first duly sworn on oath, deposes and says: 

The Madison Daily Leader is a daily legal newspaper of general circulation, 

printed and published in the City of Madison, 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 

publication of the notice hereunto attached, and has during all of said time had, and 

how has, more than 200 bona fide subscribers; that the undersigned, the affiant, 

is the .................. ~.~~r.~~.~!Y. .................. of the said newspaper, in charge of the advertising department thereof and has personal knowledge of all the facts stated in this 

affidavit and the advertisement headed 

............... g.~.P..~.~~~.~~ .. <?.~.~.~.~!:.<?.~.~.~.~~.~~~ .. ~~~~E.~! .. ~~.~.?..~:.~~·~················ 

........ 1?..?..~.':9. .. ?..! .. ~.!~.~r.~.~~ .. ~ .. ~.~.~!.':9.~.~~.~~ .. ~~f.!Ei~.!l .. ~?. .. ~~.~.i.~~ .. ~.~.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 ofthe week, on the following dates, to-wit: 

on ............. f..(!Q?!.Y. ............ , the ... ..1.1.m ..... day of ............. M.~r.~!l .............. , 20 ...... Y!... ... ; 

On ...................................... , the .................. day of ........................................ , 20 .................. ; 

On ...................................... , the .................. day of ........................................ , 20 .................. ; 

On ...................................... , the .................. day of ........................................ , 20 .................. ; 

On ...................................... , the .................. day of ........................................ , 20 .................. ; 

On ...................................... , the .................. day of ........................................ ,20 .................. ; 

On ...................................... , the .................. day of ........................................ ,20 .................. ; 

On ...................................... , the .................. day of ........................................ , 20 .................. ; 

That $ ........... }~.}.!.. ........... being the full amount of the fees for publication of the 

attached notice inures solely for the benefit of the publisher of the said newspaper; 

that no arrangement or understanding for a division thereof has been made with 

any other person and that no part thereof has been agreed to be paid to any other 

personwhomsoeve~ ....................... ~../J£..~ .... ~ ............. . 

Subscribed and sworn to before me this .......... ~ .. ~~~ .......... day of 

Maroh 14 

-"'"'"'""""'"""'"'":~~:::~:~;~;····························································> 20 .................. . 

~d~~A;~~~L~~~ ......... llJY.li.YJ,_ ... ~ ..... ~ .. . ~~SOUTH DAKOTA~<;)§ Notary Public, Lake County, South Dakota 

·~~~~~~~~~~~~~~~~~~~~+ 

.ARTICLE 74:09 

PROCEDURES BOARD OF 

MINERALS AND 

ENVIRONMENi' . lyLeaderlM 

NOTICE OF PUBLIC 

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) of the 

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 state has a three 

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 of the 

state ·implementation plans, 

including South Dakota:s, re~tirig to Section 128 of the 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~• 

air quality permits or enforcement 

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 of the 

Clean Air Act and to allow South 

Dakota 'to· maintain delegatioJL of 

its air quality 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 accessible place .. 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 MINERALS AND. 

ENVIRONMENT 

NOTICE OF PUBLIC 

HEARING TO REVISE 

RULES 

I The Board of Minerals 

i and Environment ·will ~ hold a public hearing in 

I the Matthew Environmen- 11 tal Education· and Train- 1 ing Center, :523 East 

.capitol Avenue,· Pierre, 

South Dakota, on April 

1

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

I EPA 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 1 that 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 ,: 

I 

by 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 

I department 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 East Capitol, 

1 Joe Foss Building 

1 Pierre, South Dakota 

I 57501 

(605) n3-3151 I or 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 

I Published 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 2 0 2014 

AIR QUALITY 

PROGRAM 

Penny Hohbach of said county, being, first duly sworn, on oath, says; that he/she 

is the publisher or an employee of the publisher of The Daily Republic, a daily 

newspaper, published in the City of Mitchell, in said County of Davison, and 

State of South Dakota; that he/she has full and personal knowledge of the 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 of Davison and State of South Dakota, for at least one year next 

prior to the first publication of the attached public notice, and that the notice, 

order or advertisement, a printed copy of which, taken from the paper in which 

the same was published, and which is hereto attached and made a part of this 

affidavit, was published in said newspaper for _L issues(s), to wit: 

Monday, March 17,2014 

That the full amount of the fee charged for the publication of the 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 thereof has been agreed to be paid to any person 

whomsoever, that the fees charged for the publication thereof are: $91.70 

Signed:~~.~ 

Subscribed and sworn to before me this 18th day of March, 2014. 

Notary Public 

County of Davison 

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 

·······------------

!"Howe Calls" : Foc all those howchoiJ 

: jobs and proj<as. i Nopoj«tt<>O-.JI. 

[;~~: .. 

·, '1,'-" 

RECEIVED 

MAR 2 6 2014 

AIR QUALITY 

PROGRAM 
Mar. 15 , l20852122 

'AATICLE74:09· w, • 

1 PROC.DURES BOARD OF . ·.MINERALS AND' . 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 

I 

the 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 

permits or enforcement .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 DakOta 575t1 

{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 OP SOVTJrC])Jl'l(O'J}iJ. MAR 2 1 2014 

County of Pennington SS: 

AIR QUALITY 

PROGRAM 

r.Brandyn Cra-riford 6eing first du{y sworn, upon liis/lier oatli says: 

'Iliat lie/slie is now and was 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 owner and pu6fislier of tlie CJ{llPJC]) CITY 

JOVCRJ{}lL, a fega{ and daiEy newspaper printed and pu6fislied in 

CJ@pirf City, in said County of Pennington, ana lias ju{{ and 

persona{ k,nowfedge of a{{ the facts herein stated as foffows: that 

said newspaper is and at a{{ of the times lierein mentioned lias 6een 

a {ega{ and daiEy newspaper with a 6onafide paid circufation of at 

feast rr'wo Jfundred copies daiEy, and has 6een printed and pu6fished 

in the P.ngfish fanguage, at ana within an office maintained 6y tlie 

owner ana pu6fisher thereof, at CJ@pirf City, in said Pennington 

County, and has 6een admitted to the Vnited States mai{ under the 

second cfass maifing privifege for at feast one year prior to tlie 

pu6{ication lierein mentioned; that tlie advertisement, a printed 

copy of which, taR.fn from said CJ@pirf City Journa{, the paper in 

which tlie same was pu6{ished, is attacliea to this sheet ana made a 

part of this ajfofavit, was pu6Czshed in said paper once eacli GJ~ for ________ ~dU ______ ___ successive 

there of 6eing on tlie 

tliat tlie fees chargea for 

?va-L the first pu6{ication 

.h-"~-- day of ~17-

the pu6{ication there of are 'l ao{{ars 

and 2K" cents. 

Su6scri6ea na sworn to 6efore me this-<-/..:::#-<-=---------------

aay of !J1&ctt _2"-""+----, 

t~':';';G/;•;·;•;'//>'f:/ .. :1:'; /J'/:1; •+ 

~ KERRIBERARD f 

f ~SEAL NOTARY PUBL!C~SEAL sf 

s SOUTH DAKOTA 

J' 

+~~~~.,.,._ ...... ..,,o:•o:c,c • •;· f c • $' -...--.-. rr ; • •+ 

5Vty~~res 

MYCOMM.EXPAUGUST21,2019 
CUSTOMER 

NUMBER: 078340 Argus Leader 

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 

Department of Environment and Natural Resources 

Division of EnvironmentaL -Air Quality Program 

Attn: Teresa Williams 

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 

Customer Number: 

078340 

1437543 

Department of Environment and Natural Resources 

Invoice Number: 

Argus Leader 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA 

COUNTY OF MINNEHAHA } ss 

Linda Schulte being duly sworn, says: That The Argus Leader is, and 

during all 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 of said times, was an employee of the publisher of such 

newspaper and has personal knowledge of the facts stated in this 

affidavit; that the notice, order or advertisement, a printed copy of 

which is hereto attached, was published in said newspaper upon 

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 arguPROCj::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.'.aml En• 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 apron~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 is meet·.' -~-~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 a state 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 a contested case hear- Department of Eq.iroAmen.t · 

ing. The reason the rules are and Natural ~u~ 

being. adopted Is to meet the Published once at the total ap-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 1 2014 

AIR QUALITY 

~ PROGRAM 

•Affidavit of Publication 

STATE OF SOUTH DAKOTA: 

COUNTY OF LAWRENCE: 

Letitia Lister of said County and State being first duly sworn, 

on her oath says: That the BLACK HILLS PIONEER is a legal daily 

newspaper of general circulation, printed and published in the City of 

Spearfish, in said County and State by Letitia Lister, and has 

been such a newspaper during the times hereinafter mentioned; and 

that said newspaper has a bonafide circulation of at least 200 copies 

weekly, and has been published within said County in the English language for at least one year prior to the first publication of the notice 

herein mentioned, and is printed in whole or in part in an office maintained at the place of publication; .and that I, Letitia Lister, the 

undersigned, am the Publisher of said newspaper and have personal 

knowledge of all the facts stated in this affidavit; and that the advertisement headed: 

a printed copy of which is hereto attached, was printed and published 

-~ said newspaper for / successiv~d consecutive weeks, the 

first publication being made on the JS day of March. ,;;J.otlf , and 

the last publication on the day of that the full 

amount of fees charged for publishing same, to-wit: The sum of 

$ 3:;1.11 , insures solely to the benefit of the publisher of the BLACK 

HILLS PIONEER, that no agreement or understanding for a division 

thereof has been made with any person and that no part thereof has 

been agreed to be paid to any other person 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 OF PUBLICATION 

STATE OF SOUTH DAKOTA 

COUNTY OF CODING TON } 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 of said times was an employee 

of the publisher of such newspaper and has personal knowledge of the 

facts stated in this affidavit; that the notice, order or advertisement, a 

printed copy of which is attached, was published in said newspaper upon: 

__ ..:oS:::a,tu::;rd,a,y __ the __ 1!.:5'-"th'-_day of __ .....!!M,ar,_,c:!!h ___ 2014, 

that the full amount of the fee charged for publishing the same, including a 

$5.00 affidavit fee, to-wit, the sum of$67.75_insures solely to the benefit of 

a,e publisher of said newspaper; that no agreement or understanding for the 

.ivision of the fee has been made with any person, and that no part of the fee 

has been agreed to be paid to any other person. 

Subscribed and sworn to before me this 21st day of March 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 Manager J 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 I http: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 of the 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 1 you' 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 sdpublkmqtlcas sgqa 
RECEIVED 

MAR 2 0 2014 

AIR QUALITY 

PROGRAM 

AFFIDAVIT OF PUBLICA T/ON 

YANKTON DAILY PRESS AND DAKOTAN 

3+15 

ARTICLE 74:09 . 

PROCEI)URES BOARD OF 

MINERALS AND 

ENVIRONMENT 

NOTICE OF PuBLIC HliARING TO REVISE RULES 

The Board of Minerals and Envi- ' 

================================;=======ronment will hold a public 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 of the 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 or enforcement-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 of ldin- :,~·.,,. ,h r·.,':t~,¥:.~· ,,.. ,~,rlr, 
#10787 

Invoice 

Yankton Daily Press & Dakotan 

319 Walnut Street, PO Box 56, Yankton, SD 57078 

(For Office Use Only) 

Teresa Williams 

Department of Environment and Natural Resources 

Division of Environmental Services - Air Quality Program 

523 East Capitol, Joe Foss Building 

Pierre, SD 57501 

Date 

3/15/2014 

Description 

123 LINE LEGAL@$.4965/$.331 PER LINE 

3/17/2014 

Amount 

$42.37 

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

NET DUE 10 DAYS 

YOUR PROMPT PAYMENT IS APPRECIATED 

~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 

Manager I 

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 of Environment and 

· Natural 'ResoUrces 

Published once at the. total approximate cost of $42.37: 
State lmplementa~ion Plan 

State rules used to meet and/Or itlaintain the federal 

Nationa_J.A,mbir~t)\i~ QualityStand.ards 

l.: lts.outh o·akOt~ d0e~:npt.d~v~I9P·ast~t~:. :·. <-: :: 

h· ;'t :)Jllple~en~at!O.~ Plan/E:I?A:!fr~qtitredt~S·ta~!ish a r, ·,·- -lf~de~II01PI~.ment~ti?~_PiaS·-~ ,_. _ _- )C i..,i.~,;. 

j 

i 

' i 

04/29/2014 

1 
lr\trastructure Cer;tification 

South DakOta has submitted 7 of the S Certifications 

EPA's revieyv <Jf the Certifications indicated two 

items, were not sufficient 

; ·ThiinaketipOf the soa:rd OfMinb~~is and En'~i~o~in~pt 

..:. C.oriflicts of Interest pftho Board, . ;~ , C-. _ 'I I 

State. Law-140-25~ tctiscuss~s make up of the_Board 

of Minerals and Environment 

,• Proposed Changes to74:09to incorporate theConflicts of Interest 

Section 128 of the Clean Air Act 

(a) Not later than the date one-year after AUgust 7, 

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 tiJepublic intcrHtafld .~ 

do not deliV.fJ any significantportian oftlil]ir.lncoffle /rom .· · ·c:l:l 

persons subject to pannUs or entorr;ementorders undc.i' 

tl1is chapte.r. and 

(1) anypotenlial c:onflicts of intorest by members of sucl1 

board o'r body Or the head of an exec/Jiiveag9iJcy with. 

simi(<ir powers be adequately disclosed, 

04/29/2014 

2 
Section 128 of the Clean Air Act 

A State may adopt any requirements respecting 

conflicts_ qf interest for such boards or bodies or 

heads C?f ltx_ecu~ye ag~nc~e~·- or ~ny- other entitieS 

which1(1re·-more string_ent tfum the_require/T1en,ts of [:: , , ~j;~~~~::n~~::~ r:/t,~;Jf:~:C~~!~~~~Sk;:~all 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 Clean Air Act -_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,_ ;tor all p~rmit$ Anf! e!'fot:c·ew_ent:~rders ,lhj#a_te(f -·:.~ 

·un,derchi!f:"!te:r34A~1. · · · · 

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 rtilfited to 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 'I contracts with a ihvoJ·&t ln·8'c'o · tCdc'Se 

:11earin Ina not <irticl ate hl a c·ont0StCd Case r ectliil 

·:concernin' that art. The·fnembei-sh 'it·inakean,dtalstiatiini-!lntOf 

1 recusal ori the record atthe lnitfatfcin ofthe:hearir'l · in the cOiltesttiCf"" 

;'c<ise.- A recuSed ·member ma .not artiCi ate iri boa( discussions or :; 

"deciSion-makin re <irdin -that co'ntes ed case roceedlri . 

Administrative Rules of South Dakota 

ARSO 74:09:01:21. Board member Otential cOnflictS ofi terests. A 

ot&nt'alco11fliCt cit interest Is an indi ec finand liltei'est oi' a ersonal relaliciriShi cifai'lother inttifestln a ·a i volvEid in a 

conteSted.¢ ·s~ he ann· · cir Eiilforee·mant h& rin · 'that iSl::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 

:Of a art · the board ma eCu El-a me ber w'th a- otenlial conflict of ; 

·'interest if it determfrieS that'thO otential corifliCt of i tEirest ralses il't1- _, 

unacce table risk of biils Or ·re'ud rrient iri the cOntested Case 

rOceedin 

04/29/2014 

4 
Excerpt of the Minutes of the 

Board of Minerals 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 of the hearing was to consider proposed amendments to ARSD 74:09 by adding 

sections 74:09:01:20 and 74:09:01:21. 

Kyrik Rombough, DENR Air Quality Program, reported that Notice of the hearing was 

published in the following II daily newspapers: Madison Daily Leader on March 14,2014, 

Yankton Daily Press, Rapid City Journal, 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 interest parties, which includes 

environmental groups and industry; and it was emailed to approximately 170 interested parties, 

which also includes environmental groups and industry. 

Notice of the public hearing was posted on DENR's website and the state public notices website. 

No written comments were submitted as a result of the public notice. 

The proposed rules were sent to the Bureau of Finance 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 of the proposed rules. 

Mr. Rombough offered a PowerPoint presentation discussing the proposed revisions. 
Board of Minerals and Environment 

Excerpt of Minutes from April17, 2014, Meeting 

Section 110(a)(l) and (2) of the 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 implement the revised regulations. At the end ofthe three-year 

period, the state is required to certify the infrastructure of its plan is equivalent to EPA's 

regulations and is meeting the requirements of the Clean Air Act. 

Recently, EPA determined that many of the State Implementation Plans, including South 

Dakota's, relating to Section 128 of the Clean Air Act requirement were not sufficient. Section 

128 of the Clean Air Act specifies the requirements for a state board or body that approves air 

quality permits or enforcement orders. 

EPA's review of the certifications indicated two items were not sufficient- the makeup of the 

Board of Minerals and Environment and conflicts of interest ofthe board. South Dakota 

Codified Law 1-40-25.1 discusses the makeup of the Board of Minerals and Environment. The 

department proposed changes to74:09 to incorporate the conflicts of interest. 

The effect of the 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 meet the 

requirements in Section 128 of the Clean Air Act and to allow South Dakota to maintain 

delegation of its air quality program. 

Roxanne Giedd, Deputy Attorney General, discussed Section 128 of the Clean Air Act and the 

new sections being proposed by the department. 

Mr. Giedd stated that Section 128 of the 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 under this 

chapter shall have at least a majority of members who represent the public interest 

and do not derive any significant portion of their income from persons subject to 

permits or enforcement orders under this chapter, and 

2) any potential conflicts of interest by members of such board or body or the head 

of an executive agency with similar powers be adequately disclosed 

A State may adopt 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), and the Administrator shall approve any such more stringent 

requirements submitted as part of an implementation plan. 

Ms. Giedd discussed the following statutes: 

2 
Board of Minerals and Environment 

Excerpt of Minutes from April 17,2014, Meeting 

SDCL 1-40-25.1. Board of Minerals and Environment composed in conformance with Clean Air 

Act. In addition to the provisions of§ 1-40-25, the Board of Minerals and Environment shall be 

composed in conformance with the requirement of the 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 of certain rules. No rule that has been promulgated 

pursuant to Title 34A, 45, 46, or 46A 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 of Adjustments 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 or predisposition of the outcome and the very 

appearance of complete fairness must be present. The court goes on to say the interest must be 

different from the interest of members of the general public. If the 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 of a proceeding have the potential to influence a 

decision maker's judgment. 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 74:09:0 I :20. Board member conflict of interest. A board member who is personally 

related to a party involved in a contested case hearing by two degrees of consanguinity, 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 of the 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 of interests. 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 of the 

general public, that a reasonable person would believe might result in bias or prejudgment of a 

contested case hearing. Board members shall disclose any potential conflict of interest in a 

contested case proceeding on the record at the initiation of the hearing, or during the hearing if 

they become aware of the existence of a potential conflict of interest. Upon its own motion or 

the motion of a party, the board may recuse a member with a potential conflict of interest if it 

determines that the potential conflict of interest raises an unacceptable risk of bias or 

prejudgment in the contested case proceeding. 

Following her presentation, Ms. Giedd and Mr. Rombough answered questions from the board. 

3 
Board of Minerals and Environment 

Excerpt of Minutes 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 of Minerals and Environment. 

Prior to the public hearing, DENR discussed whether the potential conflicts of interest 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 against the 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. 

4 
e NAME (PLEASE PRINT) 

Ky,.; t_ 11(-b,u£}-

8 l'€"i- Gzr'att~ e s 

/iJo ~~~ 

/31'«.-ci .S.chu/ h-

;lki:./Yl~ Cfh/ 

,d!dte Ccpd 

E t t <- 1--fo fm 

t.Awt -<3.--64 

& me Qtdfl &n 

No~'"o- \~lli\ 

et?,w-ea /-LJ.r&n 

&t/ttn Gus&£so,_, 

ATIENDANCE SHEET 

BOARD OF MINERALS AND ENVIRONMENT 

DATE 'f•/7-l'f 

ADDRESS 

tf 

(f 

f;erre. 

REPRESENTING 

()el\)~ 

~~ 

'D.z:N& 

J£Al1L 
EDITED COPY 

OF 

FIRST DRAFT 

ADMINSTRATIVE RULES 

OF 

SOUTH DAKOTA 

74:09 
MEMO TO: 

FROM: 

Doug Decker 

Code Counsel 

April29, 2014 

Legislative Research Council 

q(~ 

Kyrik Rombough, Engineering Manager I 

Air Quality Program 

--------------------, 

SUBJECT: Final Draft of revisions to ARSD 74:09- Procedures Board of Minerals 

and Environment 

I have enclosed a packet pertaining to the final draft of the revisions to ARSD 74:09-

Procedures Board of Minerals and Environment: 

The enclosed packet contains the following documents: 

• An edited copy of the first draft; 

• A copy of Legislative Research Council's recommended changes 

• A copy of the final draft approved by the Board of Minerals and Environment 

• The original form #I I, which contains the signatures of a majority of the members of the Board 

of Minerals and Environment; 

• A copy of the affidavit of the mailing to the Rules Committee members; 

• A copy of the minutes for the Aprill7, 2014, Board of Minerals and Environment meeting. 

If you 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 initiation of contested 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 of enforcement 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 of chair of hearing. 

A-1 
74:09:01:09 Motions. 

74:09:01:10 Prehearing conference. 

74:09:01:11 Notice of contested 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 of proof required. 

74:09:01:17 Appoinhnent of hearing examiner. 

74:09:01:18 Decision ofboard. 

74:09:01:19 Findings of fact, conclusions oflaw, and orders. 

74:09:01:20 Board member conflict of interest 

74:09:01:21 Board member potential conflict of interests 

ARSD 74:09:01:20. Board member conflict of interest. A board member who is personally 

related to a party involved in a contested case hearing by two degrees of consanguinity, 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 of recusal on the record at the initiation of the hearing 

in the contested case. A recused member may not participate in board discussions or decisionmaking regarding that contested case proceeding. 

Source: 

A-2 
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-

ARSD 74:09:01:21. Board member potential conflicts of interests. 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 of the 

general public. that a reasonable person would believe might result in bias or prejudgment of a 

contested case hearing. Board members shall disclose any potential conflict of interest in a 

contested case proceeding on the record at the initiation of the hearing, or during the hearing if 

they become aware of the existence of a potential conflict of interest. Upon its own motion or 

the motion of a party, the Board may recuse a member with a potential conflict of interest if it 

determines that the potential conflict of interest raises an unacceptable risk of bias 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 

SOUTH DAKOTA 

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 of contested 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 of enforcement 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 of chair of hearing. 

A-1 
74:09:01:09 Motions. 

74:09:01:10 Prehearing conference. 

74:09:01:11 Notice of contested case. 

74:09:01:12 Subpoenas. 

74:09:01:13 Conduct of hearings. 

74:09:01:14 Transcripts. 

74:09:01:15 Service. 

74:09:01:16 Degree of proof required. 

74:09:01:17 Appointment of hearing examiner. 

74:09:01:18 Decision of board. 

74:09:01:19 Findings of fact, conclusions oflaw, and orders. 

74:09:01:20 Board member conflict of interest 

74:09:01:21 Board member potential conflict of interests 

ARSD 74:09:01:20. Board member conflict of interest. A board member who is personally 

related to a party involved in a contested case hearing by two degrees of consanguinity, 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 of recusal on the record at the initiation of the hearing 

in the contested case. A recused member may not participate in board discussions or decisionmaking regarding that contested case proceeding. 

Source: 

A-2 
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-1-45, 34A-lARSD 74:09:01:21. Board member potential conflicts of interests. 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 of the 

general public, that a reasonable person would believe might result in bias or prejudgment of a 

contested case hearing. Board members shall disclose any potential conflict of interest in a 

contested case proceeding on the record at the initiation of the hearing, or during the hearing if 

they become aware of the existence of a potential conflict of interest. Upon its own motion or 

the motion of a party, the board may recuse a member with a potential conflict of interest if it 

determines that the potential conflict of interest raises an unacceptable risk of bias 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-3 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

AFFIDAVIT 

I, Kyrik Rombough, certify that on April28, 2014, I sent by U.S. mail and electronic mail a 

correct copy of the following documents adopted by the Board of Minerals and Environment on 

April17, 2014: 

I. The minutes of the public hearing 

2. A record of the 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 V ehle 

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 57301 
The 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 

BRENDA ANDERSON, Nofaly Public 

My Commistion Explm Odober~6,2016 

----- 

The Honorable Jim Bradford 

State Senator 

P.O. Box 690 

Pine Ridge, SD 57770-0690 
Rombough, Kyrik 

-:~~: To: 

Cc: 

Subject: 

Attachments: 

April 28, 2014 

The Honorable Mike V ehle 

State Senator 

132 N. Harmon Drive 

Mitchell, South Dakota 5730 I 

Dear Senator V ehle: 

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 of the following documents: 

A copy of our statement of basis which includes the revisions to the Administrative Rules of South Dakota, 

Article 74:09- Procedures Board of Minerals and Environment, adopted by the Board of Minerals and 

Environment on Aprill7, 2014; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Attachments 

1 
Rombough, 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 of the following documents: 

e· A copy of our statement of basis which includes the revisions to the Administrative Rules of South Dakota, 

Article 74:09- Procedures Board of Minerals and Environment, adopted by the Board of Minerals and 

Environment on April 17, 2014; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Attachments 

1 
Rombough, 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 of the following documents: 

A copy of our statement of basis which includes the revisions to the Administrative Rules of South Dakota, 

Article 74:09- Procedures Board of Minerals and Environment, adopted by the Board of Minerals and 

Environment on April!?, 2014; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Attachments 

1 
Rombough, 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 of the following documents: 

A copy of our statement of basis which includes the revisions to the Administrative Rules of South Dakota, 

Article 74:09- Procedures Board of Minerals and Environment, adopted by the Board of Minerals and 

Environment on April 17, 20 14; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy ofthe small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Attachments 

1 
April 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 of the following documents: 

1. A copy of our statement of basis which includes the revisions to the Administrative Rules of 

South Dakota, Article 74:09- Procedures Board of Minerals and Environment, adopted by 

the Board of Minerals and Environment on April!?, 2014; 

2. A copy ofthe comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you 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 of the following documents: 

I. A copy of our statement of basis which includes the revisions to the Administrative Rules of 

South Dakota, Article 74:09- Procedures Board of Minerals and Environment, adopted by 

the Board of Minerals and Environment on Aprill7, 2014; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy ofthe small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me 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 of the following documents: 

1. A copy of our statement of basis which includes the revisions to the Administrative Rules of 

South Dakota, Article 74:09- Procedures Board of Minerals and Environment, adopted by 

the Board of Minerals and Environment on April 17, 20 14; 

2. A copy of the comments received during the public notice; 

3. A copy ofthe minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you 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 of the following documents: 

I. A copy of our statement of basis which includes the revisions to the Administrative Rules of 

South Dakota, Article 74:09- Procedures Board of Minerals and Environment, adopted by 

the Board of Minerals and Environment on Aprill7, 2014; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Enclosures 
April28, 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 of the following documents: 

1. A copy of our statement of basis which includes the revisions to the Administrative Rules of 

South Dakota, Article 74:09- Procedures Board of Minerals and Environment, adopted by 

the Board of Minerals and Environment on April17, 2014; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you 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 of the following documents: 

1. A copy of our statement of basis which includes the revisions to the Administrative Rules of 

South Dakota, Article 74:09- Procedures Board of Minerals and Environment, adopted by 

the Board of Minerals and Environment on Aprill7, 2014; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

~~ Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

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 

Doug Decker, Code Counsel ~ . 

Interim Rules Review Committee Meeting- 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 of the rules and other information on the committee members at 

least five 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 of the rules before 

the meeting. The committee members will use the copy of the rules that is served on the committee as 

part of the rule adoption process according to SDCL l-26-4 (9) to prepare for the meeting. The service 

of the rules must be done with enough time between the service of the 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 of your 

rules before the committee and give the committee members access to the most recent version of your 

rules. 

DD:ks 

Enclosure: Agenda 

Stale Capitol, 500 Enst Copitol, Pierre, SO 57501-5070 

605/773-3251 -Fax 605/773-4576 

1ltlp://l eg is.state.sd.us 
• 

RECEIVED 

APR 2 2 2014 

AIR QUALITY 

PROGRAM 

Rules Review Committee 

Agenda 

Representative Timothy Johns, Chair 

Senator Mike Vehle, Vice Chair 

Three hundred fortieth meeting 

Tuesday 

Room413 

State Capitol 

May 6,2014 Pierre, South Dakota 

Agencies are asked to have a representative present at the meeting 

to give background in(ormation on their rules. 

10:00 am CT Call to order, roll call, approval of minutes (December 17, 2013 and March 12, 2014), 

and staff report 

Review of proposed 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 of Education; 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 of hours allowed; add the ability to final void an installation at the time of a 

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 of rules 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 of deposit 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 of the Rapid 

Creek bighom sheep sub-herd population. 

Department of Game, Fish and Parks - Amend a Use of Parks 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 of the 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 of the lodge on the east side of the 

point and extending around the south end of the point ending approximately in the center 

of the lodge on the west-facing side of the 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 of Game 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 of licenses available and to modify the boundary of Unit 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 of licenses available; amend a Custer State 

Park Early Archery Elk Hunting Season rule to adjust the number of licenses 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 of licenses available and to modify the boundary of Unit 7 to 

remove that portion of the unit east of Interstate 90; and amend a Prairie Elk Hunting 

Season rule to adjust the number of licenses available, modify the boundary of Unit 9 to 

add two hunting areas located east of Interstate 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 of Labor and Regulation: South Dakota Abstracters' Board of Examiners -

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

Representative Gibson 

Department of Environment and Natural Resources: Board of Minerals and Environment 

- Amend Contested Case Procedure rules to specify the conditions when a board member 

may not participate in a contested case hearing. 

Office of the State Auditor - Adopt a rule to require that claims seeking reimbursement 

from the State for travel expenses be received by the Office of the State .Auditor within 

60 days after the last day of travel. 

Representative Hajek 

Department of Labor and Regulation: South Dakota Retirement System- Amend rules to 

place the former State Cement Plant Retirement Plan under the authority of the 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 of the 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 of the 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, should contact the Legislative Research Council (605-773-3251) in advance of the 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. 

4 
IN 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 of State: 

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 

Glenn 

l!LM~ Blumhardt 
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 of the Board of Minerals and Environment and that the attached instruments are 

full, true, and correct copies of the following rules adopted by the Board of Minerals and 

Environment on 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 of these rules. 

These rules will become effective twenty days after filing with the Secretary of State. 

Subscribed and sworn to 

before me this fl day 

Notar)TPUblic 

~: ttLMt~ - South Dakota 

(Seal) 

My Commission expires 

~~=-:--c-:-:::-::=:-;-;' 20 . a RENDA ANDERSON, Nolalr Puillle 

My Commiaaioft &plrw 

October26, 2016 
MEMO TO: 

FROM: 

May 9, 2014 

Secretary of State Jason M. Gant 

Kyrik Ro~~gh, Engineering Manager I 

Air Quality Program 

RECEIVED 

MAY 0 9 2014 

S.D. SEC. OF STATE 

SUBJECT: Final Rules of Amendments to ARSD 74:09- Procedures Board of 

Minerals and Environment ' ' 

I have enclosed a packet pertaining to the final rules of the amendments to ARSD 74:09 

Procedures Board of Minerals and Environment: 

I " The enclosed packet contains the following documents: 

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

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

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

and red coloring for deletions and underscores and blue coloring for additions 

If you 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 of the Board of Minerals and Environment and that the attached instruments are 

full, true, and correct copies of the following rules adopted by the Board of Minerals and 

Environment on 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 of these rules. 

These rules will become effective twenty days after filing with the Secretary of State. 

Subscribed and sworn to 

before me this n day 

o~:tf!4~~ NOta!')IPUblic - South Dakota 

(Seal) 

My Commission expires 

~-=-==-c-:-:-:==-:-;' 20 . 6RENDA ANDERSON, NoJarr Puilllc 

My Commiaioll &pins October26, 2016 
IN 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 of State: 

~~ LEGISLATIVE RESEARCH COUNCIL 

(for legality and for form arid style) 

BOARD OF MINERALS AND ENVIRONMENT 

Richard 

£LJ~4:eu C. Swe~ an~hairman 1 \.___ 

Peter Bullene 

Lee M. McCahren, Vice Chairman 

Linda Hilde 

Glenn Blumhardt 
APPENDIX A 

REVISIONS 

TO 

ADMINSTRATIVE RULES 

OF 

SOUTH DAKOTA 

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 of contested 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 of enforcement 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 of chair of hearing. 

A-1 
74:09:01:09 

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 of contested case. 

Subpoenas. 

Conduct of hearings. 

Transcripts. 

Service. 

Degree of proof required. 

Appointment of hearing examiner. 

Decision of board. 

Findings of fact, conclusions oflaw, and orders. 

Board member conflict of interest 

Board member potential conflict of interests 

ARSD 74:09:01:20. Board member conflict of interest. A board member who is personally 

related to a party involved in a contested case hearing by two degrees of consanguinity, 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 of recusal on the record at the initiation of the hearing 

in the contested case. A recused member may not participate in board discussions or decisionmaking regarding that contested case proceeding. 

Source: 

A-2 
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-lARSD 74:09:01:21. Board member potential conflicts of interests. 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 of the 

general public, that a reasonable person would believe might result in bias or prejudgment of a 

contested case hearing. Board members shall disclose any potential conflict of interest in a 

contested case proceeding on the record at the initiation of the hearing. or during the hearing if 

they become aware of the existence of a potential conflict of interest. Upon its own motion or 

the motion of a party, the board may recuse a member with a potential conflict of interest if it 

determines that the potential conflict of interest raises an unacceptable risk of bias 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-l-21, 34A-l-43, 34A-l-44, 34A-l-45, 34A-lA-3