EPA Cross-walk Analysis: State of South Dakota June 14, 2010, and June 20, 2011, Submittals

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1 74:36:01 1. Minor changes to this chapter are 

proposed such as grammatical changes 

and renumbering. All definitions 

previously approved on 10/11/2007 (72 

FR 57864) except for “construction 

permit” and” commenced construction”.

2 74:36:01:01

(Definitions)

3 74:36:01:01 (4) 

“Administrator”

Grammatical change which does not 

change the meaning of the definition.

Proposing 

approval

4 74:36:01:01(8) 

“Allowable 

Emissions”

Updating the federal reference. Proposing 

approval

5 74:36:01:01 (15)

“Clean Air Act”

Updating the federal reference Proposing 

approval

6 74:36:01:01(24) 

“Emission Unit” or 

”Unit”

Grammatical change which does not 

change the meaning of the definition. 

Also adds pollutants listed under 112(b) 

of the CAA. Comparable definition is 

under 40 CFR 51.166(a)(7). Note that 

the South Dakota PSD program 

incorporates the federal definition at 40 

CFR 52.21 by reference. 

Proposing 

approval

7 74:36:01:01(29) 

“Federally 

Enforceable”

Updating the federal reference. Proposing 

approval
EPA Cross-walk Analysis: State of South Dakota June 14, 2010, and June 20, 2011, Submittals

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8 74:36:01:01 (31) 

“Fixed Capital Cost”

This definition is being deleted because 

it is not being used in 74:36. The State 

did not IBR this definition 

(52.21(b)(57)) (which is marked as 

stayed) in its PSD regulations at 

74:36:09:02. 

Proposing 

approval

9 74:36:01:01 (39)

“Municipal-type solid 

waste”

This definition is being deleted because 

it is not being used in 74:36.

Proposing 

approval

10 74:36:01:01 (43)

“Operating permit”

Modified to reflect the separation of the 

construction and operating permit 

programs.

Proposing 

approval

11 74:36:01:01(49)

“Permit Modification”

Grammatical change which does not 

change the meaning of the definition.

Proposing 

approval

12 74:36:01:01 (50)

“Permit Revision”

Grammatical change which specifies the 

term permit revision applies to minor 

source operating permits or Part 70 

operating permits.

Proposing 

approval

13 74:36:01:01 (65) 

“Title II”

This definition is being deleted because 

it is not being used in 74:36.

Proposing 

approval .

14 74:36:01:01 (66) 

“Title III”

This definition is being deleted because 

it is not being used in 74:36.

Proposing 

approval .

15 74:36:01:01 (70) 

“Title VII”

This definition is being deleted because 

it is not being used in 74:36.

Proposing 

approval

16 74:36:01:01(71) “Title 

VIII”

This definition is being deleted because 

it is not being used in 74:36.

Proposing 

approval

17 74:36:01:01(72) “Title 

IX”

This definition is being deleted because 

it is not being used in 74:36.

Proposing 

approval

18 74:36:01:01(73) “Title 

X”

This definition is being deleted because 

it is not being used in 74:36.

Proposing 

approval

19 74:36:01:01(74) “Title 

XI”

This definition is being deleted because 

it is not being used in 74:36.

Proposing 

approval

20 74:36:01:01(75) “Unit This definition is being deleted because Proposing 
EPA Cross-walk Analysis: State of South Dakota June 14, 2010, and June 20, 2011, Submittals

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or emission unit” the definition of “unit” is added to 

74:36:01:01(24) 

approval

21 74:36:01:01(67) 

“VOC”, “volatile 

organic compounds”

The definition is being updated to 

reference the federal definition in 40 

CFR 51.100(s). This is consistent with 

40 CFR 52.21(b)(30).

Proposing 

approval

22 74:36:01:01(72) 

“Construction Permit”

This new phrase is being defined in this 

chapter associated with the addition of a 

new construction permit program. The 

proposed definition will define what 

constitutes a “construction permit”. 

There is no federal definition of 

“construction permit”.

Proposing 

approval

23 74:36:01:05

(Applicable 

Requirements of the 

Clean Air Act defined)

Updating the federal reference Proposing 

approval

24 74:36:01:10

(Modification defined)

Grammatical change which does not 

significantly change the meaning of the 

definition. There is no comparable 

federal definition.

Proposing 

approval

25 74:36:01:20

(Physical change in or 

change in the method 

of operation defined)

Updating the federal reference Proposing 

approval

26 74:36:01:21 

(Commenced 

construction defined)

This new phrase is being defined in this 

chapter associated with the addition of a 

new construction permit program. The 

proposed definition will define what 

constitutes “commenced construction”. 

This definition is similar to the federal 

definition of “commence” in 40 CFR 

52.21(b)(9), except it does not have the 

Proposing 

approval
EPA Cross-walk Analysis: State of South Dakota June 14, 2010, and June 20, 2011, Submittals

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phrase “within a reasonable time”. The 

State did IBR the PSD definition, 

52.21(b)(9), in its PSD regulations at 

74:36:09:02.

27 74:36:02

(Ambient Air Quality)

Updating federal references throughout. 

This chapter was previously approved on 

10/11/2007 (72 FR 57864)

Proposing 

approval

28 74:36:03

(Air Quality 

Episodes)

Updating federal references throughout. 

This chapter was previously approved on 

10/11/2007 (72 FR 57864)

Proposing 

approval

29 74:36:04

(Operating Permits 

for Minor Sources)

South Dakota is proposing a new

construction program in 74:36:20. 

Therefore, this chapter is revised to only 

cover the operation of the source. 

30 74:36:04:02 

(Minor Source 

Operating Permit 

Required)

Grammatical change. South Dakota is 

proposing a new construction program in 

74:36:20. Therefore, this chapter needs 

only to cover the operation of the source.

This rule was originally approved on 

10/19/1998 in 63 FR 55804. 

Proposing 

approval

31 74:36:04:02.01 

(Minor Source 

Operating Permit 

Exemption)

The exemptions in 74:36:04:03 are being 

separated into two separate sections. 

74:36:04:02.01 identifies the criteria for 

a source as a whole to meet before an 

operating permit is required. These 

exemptions were approved on 8/14/2006 

in 71 FR 46403. 

Proposing 

approval

32 74:36:04:03 

(Minor Source 

Operating Permit 

Exemption)

The exemptions in 74:36:04:03 are being 

separated into two separate sections. 

74:36:04:03 identifies the emission units 

that are not required to be included in a 

minor permit. Most of these exemptions 

were approved on 8/14/2006 in 71 FR 

Proposing 

approval
EPA Cross-walk Analysis: State of South Dakota June 14, 2010, and June 20, 2011, Submittals

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46403. 

The State removed exemptions for:

1) A unit fueled by natural gas that is 

used exclusively for space heating;

2) Emergency electrical generators 

powered by petroleum products; and

3) Units fueled by waste oil.

The State decreased the scope of the 

exemption for units with a heat input 

capability of not more than 3,500,000 

Btus per hour. 

The State added an exemption for 

routine housekeeping or plant upkeep 

activities. See the discussion in our 

proposal.

33 74:36:04:03.01 

(Minor Source 

Operating Permit 

Variance)

This section is superseded by the July 

29, 2013 submittal which we are 

proposing action on in this rulemaking.

Proposing 

approval of 

deletion

34 74:36:04:04 

(Standard of issuance 

of a Minor Source 

Operating Permit)

Updating the federal reference and 

grammatical changes which do not 

significantly change the meaning of the 

rule . This chapter was previously 

approved on 10/11/2007 (72 FR 57864)

Proposing 

approval

35 74:36:04:06 

(Timely and complete 

application for 

operating permit 

required)

This section is being revised to separate 

application requirements for an 

operating permit. This section also adds 

a note at the end which references 

requirements for a construction permit. 

This rule was originally approved on 

Proposing 

approval
EPA Cross-walk Analysis: State of South Dakota June 14, 2010, and June 20, 2011, Submittals

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8/14/2006 in 71 FR 46403.

36 74:36:04:07 

(Required contents of 

complete application 

for operating permit)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 10/19/1998 in 63 FR 55804.

Proposing 

approval

37 74:36:04:08 

(Applicant required to 

supplement or correct 

application)

No changes from current approved rule. 

This rule was originally approved on 

10/19/1998 in 63 FR 55804.

No action 

required

38 74:36:04:09

(Permit Application –

Completeness review)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 04/07/2003 in 68 FR 16726.

Proposing 

approval

39 74:36:04:10

(Time period for 

department’s 

recommendation)

Grammatical change which combines 

language from 74:36:04:11.

This rule was originally approved on 

10/19/1998 in 63 FR 55804.

Proposing 

approval

40 74:36:04:11

(Department’s 

recommendation on 

operating permits)

This section is being deleted since the 

main portion of this section is included 

in 74:36:04:10.

Proposing 

approval

41 74:36:04:12

(Public Participation 

in permitting process)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 04/07/2003 in 68 FR 16726.

Proposing 

approval

42 74:36:04:12.01

(Public review of 

department’s draft 

permit)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 04/07/2003 in 68 FR 16726.

Proposing 

approval

43 74:36:04:13

(Final Permit Decision 

– Notice to interested 

persons)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 04/07/2003 in 68 FR 16726.

Proposing 

approval
EPA Cross-walk Analysis: State of South Dakota June 14, 2010, and June 20, 2011, Submittals

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44 74:36:04:15

(Contents of operating 

permit)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 10/19/1998 in 63 FR 55804 .

Proposing 

approval

45 74:36:04:16

(Operating permit 

expiration)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 10/19/1998 in 63 FR 55804 .

Proposing 

approval

46 74:36:04:17

(Renewal of operating 

permit)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 10/19/1998 in 63 FR 55804 .

Proposing 

approval

47 74:36:04:18

(Operating permit 

revision)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 04/07/2003 in 68 FR 16726.

Proposing 

approval

48 74:36:04:20

(Procedures for 

administrative permit 

amendment)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 04/07/2003 in 68 FR 16726.

Proposing 

approval

49 74:36:04:20.01

(Minor permit 

amendment required)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 04/07/2003 in 68 FR 16726.

Proposing 

approval

50 74:36:04:20.04

(Department deadline 

to approve minor 

permit amendment)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 04/07/2003 in 68 FR 16726.

Proposing 

approval

51 74:36:04:23

(Reopening operating 

permit for cause)

Grammatical change which does not 

significantly change the meaning of the 

rule. This rule was originally approved 

on 10/18/1998 in 63 FR 55804 . 

Proposing 

approval

52 74:36:04:27 Grammatical change which does not Proposing 
EPA Cross-walk Analysis: State of South Dakota June 14, 2010, and June 20, 2011, Submittals

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(Operating permit 

termination, revision, 

and revocation)

significantly change the meaning of the 

rule. This rule was originally approved 

on 10/18/1998 in 63 FR 55804 .

approval

53 74:36:04:32

(General permits)

Grammatical change which does not 

significantly change the meaning of the 

rule, and changed to reflect separation of 

construction permit program. This rule 

was originally approved on 5/10/2004 in 

69 FR 25839 . See discussion of general 

permits in the proposal notice. 

Proposing 

approval

54 74:36:05 

(Operating Permits for 

Part 70 Sources)

We are not taking action on this chapter. 

The title V permit program is not part of 

the SIP. 

No action 

needed

55 74:36:07 

(New Source 

Performance 

Standards)

We are not taking action on this chapter. 

NSPS are not part of the SIP.

No action 

needed

56 74:36:08 

(NESHAPS)

We are not taking action on this chapter. 

NESHAPS are not part of the SIP.

No action 

needed

57 74:36:09 

(Prevention of 

Significant 

Deterioration)

The proposed changes were acted on on 

07/22/2011 in 76 FR 43912.

No action 

needed

58 74:36:10 

(New Source Review)

This section is superseded by the July 

29, 2013 submittal which we are 

proposing action on in this rulemaking.

Proposing 

approval

59 74:36:11 

(Performance Testing)

Updating the federal reference 

throughout chapter 11

Proposing 

approval

60 74:36:12 

(Control of Visible 

Emissions)

Updating the federal reference 

throughout chapter 12

Proposing 

approval

61 74:36:13 

(Continuous 

Updating the federal reference 

throughout chapter 13

Proposing 

approval
EPA Cross-walk Analysis: State of South Dakota June 14, 2010, and June 20, 2011, Submittals

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Emissions Monitoring 

Systems)

62 74:36:16 

(Acid Rain Program)

We are not taking action on this chapter

63 74:36:18 

(Regulations for State 

Facilities In The Rapid 

City Area)

Updates 74:36:18:10 (Visible emission 

limit for construction and continuous 

operation activities) to update test 

method to EPA’s Method 9 in 40 CFR 

Part 60 Appendix A (July 1, 2009).

Proposing 

approval

64 74:36:19 

(Mercury Budget 

Trading Program)

The DC Circuit vacated the Clean Air 

Mercury Rule and the State is proposing 

to delete Chapter 19. This rule is already 

removed from the SIP.

No action 

needed

65 74:36:20 

(Construction Permits 

For New Sources Or 

Modifications)

The new construction permit program 

meets the requirements of the CAA and 

40 CFR 51.160 and is therefore 

approvable. See discussion in the 

proposal notice. 

Proposing 

approval

66 74:36:20 

(Construction Permits For 

New Sources Or 

Modifications)

Adds new section 74:36:20:02.01 

(Initiating construction prior to permit 

issuance). We are proposing to 

disapprove this rule as it is not in 

compliance with 40 CFR 51.160 and the 

CAA. We are also proposing to 

disapprove the phrase “unless it meet the 

requirements in 74:36:20:02.01” in 

74:36:20:02. See discussion in the 

proposal notice.

Proposing 

disapproval