March 18, 2011

Ed Cable 31992 Highway 11 Elk Point, South Dakota 57025 Dear Mr. Cable: 

### DEPARTMENT 

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thank you for submitting comments on the proposed revisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. OnFebruary 17,2011,the Board ofMinerals and Environmentheld apublic hearing on the proposed revisions. During the hearing, the Department ofEnvironment and Natural Resources presented your comments to the Board. After consideringthe written and oral comments provided, the Board of Minerals and Environment approvedthe revisions to ARSD 74:36. Atthis time, you may access information regarding the hearing such as the agenda and minutesviathe internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely,

# ~~ Kyrik Rombough Engineering Manager I Air Quality ProgramRombough, Kyrik -:,rom: Jent: To: Subject:
March 17, 2011 Dear Mr. Hoefelmeyer:Rombough, Kyrik Thursday, March 17,2011 10:26 AM 'James Hoefelmeyer' RE: Public comment: Proposed amendments to 74:36:20:02

Thank you for submitting comments on the proposed revisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board of Minerals and Environment held a public hearing on the proposed revisions. During the hearing, the Department of Environment and Natural Resources presented your comments to the Board. After considering the written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access information regarding the hearing such as the agenda and minutes via the internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely,
Kyrik Rombough Engineering Manager I Air Quality Program

1-------------------

## South Dakota Sen. JeanHunhoff,Chair 

# Legislative Research

Council
Rep. Shantel Krebs, Vice Chair 

## RECEIVED 

## MAR 14 2011 AIR QUALITY

PROGRAM

JamesFry,Director 

## March 14 1 

## 2011 DougDecker, Code Counsel



### TO: Rules Contacts FROM: DougDecker,CodeCounsel)

# o-v::J RE: InterimRules Review CommitteeMeeting-March29,2011
Your agencyhas been scheduled to present rules at the next Interim Rules Review Committeemeeting (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 oftherules and otherinformation on the committee members 

### at leastfive days 

### before the meeting. Please review the "Directions for Submitting the Final Draft". The five-day requirement should be considered the minimum time allowed for service ofthe rules before the meeting. The committee members will use the copy ofthe rules that is served on the committee as part ofthe rule adoption process according to SDCL 1-26-4 (9) to prepare for the meeting. The service ofthe rules must be done with enough time between the service ofthe rules and the meeting to allow the committee members time to review the rules prior to the meeting. A committee member who has not received the rules in time to review the rules before the meeting may vote to reject the agency's rules. 

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

State Capitol, 500EastCapitol, Pierre, SD 57501-5070 6o5n73=3251-!.-Eax-605Lll3-4576 http://legis.state.sd.us

## RULES REVIEW COMMITTEE AGENDA**..:_~-~** 

### SouthDakota

# Legislative 

# Research

Council

SenatorJean M. Hunhoff, Chair RepresentativeR. Shawn Tornow,Vice Chair Threehundred twelfth meeting Tuesday Room 413 StateCapitol Pierre, SouthDakota March 29, 2011

9:00a.m. Agenciesare askedto have a representativepresentatthemeeting to give backgroundinformation on their rules. Call to order, roll call, approval ofminutes, staffreport Review ofproposed rules SenatorHunhoff Department ofHealth: Board ofPharmacy- Adopt Prescription Drug Monitoring Program rules to establish requirements for a data base of controlled substance prescriptions dispensed to South Dakota residents. RepresentativeTornow Attorney General: Law Enforcement Officers Standards and Training Commission

- Amend rules to provide for a basic training course for certified lawenforcement officers consisting of a 520 hour curriculum; amend the definition of police service dog to include patrol, drug detection or explosive detection; and establish standards and certificationrequirements for accelerant detection canineteams. SenatorBuhl Public Utilities Commission

- Amend rules to determine telecommunications switched access rates charged by competitive local exchange carrier charges. Representative Gibson Department ofEnvironment and Natural Resources: Board ofMinerals and EnvironmentAmend Air Pollution Control Program rules to comply with revisions to the federal regulations regarding the Greenhouse Gas Tailoring Rule; and revise a rule to allowcertain businesses to start construction before the construction permit is issued once they have satisfied the proposed requirements.11:30 a.m. SenatorYehle Department ofGame, Fish and Parks

- Amend a Uses ofParks and Public Lands rule to

## r~"-. prohibit persons from jumping into the Big Sioux River from natural and manmade structures located within the boundaries of the Big Sioux Recreation Area (Minnehaha County); amend Public WaterZoning rules to create a "no boating zone" on a portion ofthe Belle Fourche River in Butte County and "no wake zones" on Twin Lakes (Minnehaha County) and on the portion ofLewis & Clark Lake (Yankton County) commonly known as the Midway Boating Beach; and amend a Refuges rule to increase the size ofthe Shadehill State Waterfowl Refuge in Perkins County. Department of Transportation

- Amend speed limits in Minnehaha County on SD Highway II beginning at the Minnehaha

- Lincoln County line to reduce speed limits on a segment ofhighway near the southeast edge ofthe City ofSioux Falls, in Lincoln County on SD Highway 11 just south ofthe Minnehaha

- Lincoln County line to reduce speed limits on a segment of highway near the southeast edge of the City of Sioux Falls, in Lyman County on SD Highway 4 7 north ofitsjunctionwith SD Highway248 to reduce the speed limit through Reliance, and in Lyman County on SD Highway 248 from itsjunction with SD Highway 47 south to Interstate 90 through Reliance; and adopt a Traffic Safety rule to prohibit parking along a portion of Interstate 90 Frontage Road (Sturgis Road) between Piedmont and Summerset in Meade County near Stagebam Elementary School from 7 a.m. to 8 a.m. and 2 p.m. to 3 p.m. Adjourn

Members: Senators Angie Buhl, Jean M. Hunhoff, and Mike Yehle; and Representatives Roger W. Hunt, Peggy Gibson, and R. Shawn Tornow. NOTE: Individuals needing assistance,pursuantto theAmericans with DisabilitiesAct, shouldcontact theLegislative Research Council (6051773-3251) in advance of themeetingto makeanynecessary arrangements. All Legislative Research Council committee minutes and agendas are available on the South Dakota Legislature's Homepage 

# IIIJ (http://legis.state.sd.us). Subscribe to receive electronic notification ofmeeting schedules and the availability of agendas and minutes at**-~-'!"""~·** MyLRC (http://legis.state.sd.us/mylrc/index.aspx).

2

## RULES REVIEW COMMITTEE AGENDA SouthDakota

# Legislative 

# Research

Council Revised March 21, 2011
SenatorJean M. Hunhoff, Chair Representative R. Shawn Tornow, Vice Chair Three hundred twelfth meeting Tuesday Room 413 StateCapitol Pierre,South Dakota March 29,2011

9:00a.m. Agenciesareaskedto havea representativepresentatthemeeting to give backgroundinformation on their rules. Call to order, roll call, approval ofminutes, staffreport Review ofproposed rules RepresentativeTornow Attorney General: Law Enforcement Officers Standards and Training Commission

- Amendrules to provide for a basictraining course for certified lawenforcement officers consisting of a 520hour curriculum; amend the definition of police service dog to include patrol, drug detection or explosive detection; and establish standards and certificationrequirements for accelerant detection canine teams. SenatorBuhl Public Utilities Commission

- Amend rules to determine telecommunications switched access rates charged by competitive local exchange carrier charges. Representative Gibson Department ofEnvironment and Natural Resources: Board ofMinerals and EnvironmentAmend Air Pollution Control Program rules to comply with revisions to the federal regulations regarding the Greenhouse Gas Tailoring Rule; and revise a rule to allow certain businesses to start construction before the construction permit is issued once they have satisfied the proposed requirements. Department of Social Services

- Amend a rule to update the federal poverty level for programs under Title 67. The federal poverty level is set in 76 Fed. Reg. 3,637 (January 20, 2011). (This rule is adopted under the procedure provided in SDCL 1-36-20.)SenatorVehle**~"'** Department ofGame, Fish and Parks

- Amend a Uses ofParks and Public Lands rule to 

### f

11:30 a.m. prohibit persons from jumping into the Big Sioux River from natural and manmade structures located within the boundaries of the Big Sioux Recreation Area (Minnehaha County); amend Public WaterZoning rules to create a "no boating zone" on aportion ofthe Belle Fourche River in Butte County and "no wake zones" on Twin Lakes (Minnehaha County) and on the portion ofLewis & Clark Lake (Yankton County) commonlyknown as the Midway Boating Beach; and amend a Refuges rule to increase the size ofthe Shadehill State Waterfowl Refuge in Perkins County. Department of Transportation

- Amend speed limits in Minnehaha County on SD Highway 11 beginning at the Minnehaha- Lincoln County line to reduce speed limits on a segment ofhighway near the southeast edge ofthe City ofSioux Falls, in Lincoln County on SD Highway 11 just south of the Minnehaha

- Lincoln County line to reduce speed limits on a segment of highway near the southeast edge of the City of Sioux Falls, in Lyman County on SD Highway 47 north ofitsjunction with SD Highway 248 to reduce the speed limit through Reliance, and in Lyman County on SD Highway 248 from itsjunction with SD Highway 47 south to Interstate 90 through Reliance; and adopt a Traffic Safety rule to prohibit parking along a portion of Interstate 90 Frontage Road (Sturgis Road) between Piedmont and Summerset in Meade County near Stagebam Elementary School from 7 a.m. to 8 a.m. and 2 p.m. to 3 p.m. Adjourn

Members: Senators Angie Buhl, Jean M. Hunhoff, and Mike Yehle; and Representatives Roger W. Hunt, Peggy Gibson, and R. Shawn Tornow. NOTE: Individuals needing assistance,pursuantto theAmericans with DisabilitiesAct, shouldcontacttheLegislative Research Council(6051773-3251) in advance of themeetingto makeanynecessary arrangements. All Legislative Research Council committee minutes and agendas are available on the South Dakota Legislature's Homepage (http://legis.state.sd.us). Subscribe to receive electronic notification ofmeeting schedules and the availability ofagendas and minutes at MyLRC (http://legis.state.sd.us/mylrc/index.aspx).

2MEMO TO: FROM:
SUBJECT: March 31, 2011 Secretary ofState Jason M. Gant 

# 'J(t: Kyrik Romoough, Engineering Manager I Air Quality Program Final Rules ofAmendments to ARSD 74:36- Air Pollution Control Program

I have enclosed a packetpertaining to the final rules ofthe amendments to ARSD 74:36- Air Pollution Control: The enclosed packet contains the following documents:
• The original certificate ofthe Chairman oftheBoard ofMinerals and Environment; • A copy oftheBoard ofMinerals and Environment's approval; and • A copy ofthe final rules, which showthe changes to the currentprintedrules with overstrikes and red coloring for deletions and underscores andblue coloring for additions Ifyou have any questions, please contactme at (605) 773-3151.IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES APPROVAL OF RULES
Following a public hearing held on February 17, 2011, the following rule revisions, attached, are approved and will become effective twenty days after filing withthe Secretary ofState:
a. The proposed amendments to article 74:36 by revising chapter 74:36:01- Definitions, 74:36:09- Prevention ofSignificantDeterioration, and 74:36:20- Construction Permits for New Sources or Modifications

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

# ~~**Q~** Peter Bullene

Charles Monson Date

Date 

# /79WO/ 

# &ftii!Cc& Lee M. McCahren, Vice Chairman

Linde Hilde

# JiLID~ ' Glenn BlumhardtARTICLE 74:36

AIRPOLLUTION CONTROL PROGRAM

Chapter 74:36:01 Definitions. 74:36:02 Ambient air quality. 74:36:03 Airquality episodes. 74:36:04 Operatingpermits for minor sources. 74:36:05 Operatingpermits for Part70 sources. 74:36:06 Regulated airpollutant emissions. 74:36:07 New sourceperformance standards. 74:36:08 National emission standards for hazardous airpollutants. 74:36:09 Prevention ofsignificant deterioration. 74:36:10 New sourcereview. 74:36:11 Performancetesting. 74:36:12 Control ofvisibleemissions. 74:36:13 Continuous emissionmonitoring systems. 74:36:14 Variances, Repealed. 74:36:15 Openburning, Transferred orRepealed. 74:36:16 Acid rain program. 74:36:17 Rapid City street sanding and deicing.74:36:18 Regulations for state facilities in the Rapid Cityarea. 74:36:19 Mercurybudgettradingprogram, Repealed. 74:36:20 Constructionpermits for new sources ormodifications.

CHAPTER74:36:01

DEFINITIONS

Section 74:36:01:01 Definitions. 74:36:01:02 Repealed. 74:36:01:03 Administrativepermit amendment defined. 74:36:01:04 Affected states defined. 74:36:01:05 Applicablerequirements ofthe CleanAirAct defined. 74:36:01:06 Complete application defined. 74:36:01:07 Repealed. 74:36:01:08 Major source defined. 7

4:36:01 :09 Categories ofsources defined. 74:36:01:10 Modification defined. 74:36:01:11 National ambient air quality standard (NAAQS). 74:36:01:12 Potential to emit defined.

274:36:01:13 74:36:01:14 74:36:01:15 74:36:01:16 74:36:01:17 74:36:01:18 74:36:01:19 74:36:01:20 74:36:01:21 Process weightrate defined. Repealed. Regulated airpollutant defined. Responsible official defined. Repealed. Municipal solidwaste landfill defined. Existingmunicipal solid waste landfill defined. Physical change in or changeinthemethod ofoperation defined. Commenced construction defined.

74:36:01:01. Definitions. Unless otherwise specified, theterms used inthis articlemean:
(1) "Act," chapter 34A-1 ofthe SouthDakota Codified Laws;
(2) "Acidrainpermit," a legallybinding written document orportion ofa document that is issued by the department and specifies the acid rain program requirements applicable to an affected source and to the owners and operators and the designated representative ofthe affected source;
(3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with Title IV ofthe Clean AirAct;

3**~** (4) "Administrator," the administrator of the Environmental Protection Agency or the (**,~~** secretaryortheir authorizedrepresentatives;
(5) "Affected source," a source that includes one or more affected units under Title IV of the CleanAirAct;
(6) "Affected unit," a unit that is subject to any ofthe emission reduction requirements or emissionlimits pursuantto Title IV ofthe CleanAirAct orchapter 74:36:16;
(7) "Air pollutant," one or a combination of the regulated mr pollutants listed m § 74:36:01:15;
(8) "Allowable emissions," the emissionrate calculatedusingthe maximumrated capacity ofa source unless the source is subject to federally enforceable limits which restrict operating rate, hours ofoperation, orboth, and themost stringent ofthe following:
(a) The applicablenew sourceperformance standards inchapter 74:36:07; (b) The applicablenational emission standards inchapter 74:36:08; (c) Any applicable emission limitations specified in this article, including those with a future compliance date; (d) The emissionrate specified as apermit condition; or (e) The applicable standards in40 C.P.R. Part 60, 61, or 63 (July 1, 2009);

4(9) "Ambient air," that portion of the atmosphere external to buildings to which the generalpublichas access;
(10) "ASTM," the American Societyfor Testing and Materials;
(11) "Board," the Board ofMinerals and Environment;
(12) "Btu," Britishthermal unit;
(13) "CO," carbonmonoxide;
(14) "Chairman," chairman oftheboard;
(15) "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through January 1, 2010;
(16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. L. No. 101-549, November 15, 1990;
(17) "Control equipment," a device which prevents orreduces emissions;

5(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead;
(19) "Department," the SouthDakotaDepartment ofEnvironment and Natural Resources;
(20) "Designated representative," the responsible person or official authorized by the
owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the
owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to the unit and the submission ofand compliance with permits, permit applications, and complianceplans for the unit;
(21) "Draft permit," the versiOn of a permit for which the department offers public participation oraffected statereview;
(22) "Emissions allowable under the permit," a federally enforceable permit term or condition determined at issuance to berequired by an applicable requirement that establishes an emissions limit, including work practice standards, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject;
(23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a single unit;

6**,~~** \, (24) "Emissionunit," "Unit," anypart or activity ofa stationary source which emits orhas the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) ofthe CleanAirAct;
(25) "EPA," the Environmental Protection Agency;
(26) "Equivalentmethod," anymethod ofsampling and analysis for an air pollutant which has a consistent and quantitatively known relationship to the reference method under specified conditions;
(27) "Existing source," a sourcethathas an approved state-issued variance orpermit;
(28) "Facility," a building, structure, or installation ofpollutant-emitting activities which belongto the same industrial grouping, located on one ormore contiguous or adjacentproperties and under the control of the same person or of persons under common control, except the activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial grouping iftheybelong to the same major group, i.e., havethe sametwo-digit code, as described in the Standard Industrial Classification Manual, 1987;
(29) "Federally enforceable," all limits and conditions that are enforceable by the administrator of EPA pursuant to federal law. These limits and conditions include those requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July

71, 2009), requirements within the state implementationplan, andpermitrequirements established pursuant to this article or 40 C.P.R. § 51 Subpart I (July 1, 2009). The use ofthis term does not impedethe department's authorityunder state law to enforce these limits and conditions;
(30) "Final permit" the version ofan operating permit issued by the permitting authority for a sourcethathas completed all required review procedures;
(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any oftheir components used in the process ofburning fuel or other combustible material for the primary purposes of producingheat orpowerbyindirect heat transfer;
(32) "Fugitive emissions," those air pollutants which could not reasonably pass through a stack, chimney, vent, orother functionally equivalent opening;
(33) "General permit," a permit issued by the board in accordance with SDCL 34A-1-56 that maybemade applicableto numerous similar sources;
(34) "Heat input," the aggregate heat content of all fuels whose products ofcombustion pass through a stack or stacks, using the heat input value ofthe equipment manufacturer's or designer's guaranteed maximum input, whicheveris greater;
(35) "Incinerator," a furnace used to bum solid waste to reduce the volume ofthe wasteby removing its combustible material;

8(36) "Malfunction," any sudden and unavoidable failure ofairpollution control equipment
or process equipment or ofa process to operate in a normal or usual manner, but not a failure caused entirely or in part by poor maintenance, careless operation, preventable equipment breakdown, or any othercause withinthe control ofthe owner oroperator ofthe source;
(37) "Minor source," a source whose potential emissions of a criteria pollutant are less than 1 00 tons a year and which does not meetthe definition ofa Part 70 source;
(38) "New source," a sourcethathas notbeen constructed and does notpossess apermit or
an approved state-issued variance;
(39) "Nonattainment area," an area that does not meet or that contributes to ambient air quality in a nearby area that does not meet the national primaryor secondary ambient air quality standard for the pollutant;
(40) "NSR," new sourcereview;
(41) "Opacity," the degree to which emiSSions reduce the transmission of light and obscurethe view ofan objectin thebackground;

9(42) "Open burning," the burning of any matter in such a manner that the products of 

### F= I combustion resulting from the burning are emitted directly into the ambient air without passage through a stack, duct, or chimney;
(43) "Operating permit," a written authorization issued by the board or the secretary for the operation ofa source;
(44) "Owner or operator," anyperson who owns, leases, operates, controls, or supervises a source;
( 45) Repealed;
(46) "Part 70 operating permit," any permit or group ofpermits covering a Part 70 source that is issued, renewed, amended, orrevised;
(47) "Part 70 source," any source subject to§ 74:36:05:03;
(48) "Particulate matter," a broad class of chemically and physically diverse substances that exist as discreteparticles, liquid droplets, or solids over a widerange ofsizes;
( 49) "Permit modification," a change to a source which operates under a minor source operatingpermit orPart 70 operatingpermitthatmeets the requirements of§ 74:36:01:10;

10(50) "Permit revision," a revision to a minor source operating permit or Part 70 operating permit to incorporate a permit modification, administrative permit amendment, or minor permit amendment;
(51) "Person," an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or state agency or any legal successor, representative, agent, oragencyofthe foregoing;
(52) "PMI0," particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measuredbyan applicablereference orequivalent method;
(53) "Proposed Part 70 operating permit," a permit that the department has forwarded to EPA for review after the closure ofthe public notice period and after considering any public comments, includingthose from affected states;
(54) "PSD," prevention ofsignificant deterioration;
(55) Repealed;
(56) "Salvage operation," an operation conducted in whole orinpart for the reclaiming of product ormaterial;

11(57) "Secretary," the secretary of the South Dakota Department of Environment and Natural Resources or an authorized representative;
(58) "Shutdown," the cessation ofoperation ofany control equipment, process equipment,
orprocess for anypurposes;
(59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, ofcarbon, ash, and other combustible material, that form a visibleplumein the air;
(60) "Source," a facility that emits ormay emit any airpollutant regulated under the Clean AirAct;
(61) "Start-up," the setting into operation ofany control equipment, process equipment, or process for anypurpose;
(62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and maintenance ofnational ambient air quality standards;
(63) "Title IV," Title IV ofthe CleanAirActAmendments, acid deposition control;
(64) "TitleV," TitleV ofthe CleanAirActAmendments, permits;

12(65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone protection;
(66) "Variance," a written authorization issued by the board to operate a minor source in
an attainment area that is not in compliancewith certainportions oftheAct;
(67) "VOC," "volatile organic compounds," as defined in 40 C.F.R. §51.100(s) (July 1, 2009);
(68) "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer to salvagenonferrous metals throughthethermal destruction ofsolid wastematerials;
(69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured byan applicablereference or equivalent method;
(70) "S02," sulfurdioxide;
(71) "N02," nitrogen dioxide; and
(72) "Constructionpermit," a written authorization issued bythe board orthe secretaryfor the construction and operation ofa new source ormodification to an existing source.

13(73) "Subject to regulation" as defined in 40 CFR § 70.2 (July 1, 2009), as revised in publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §34:10:01:01,7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:01, effectiveJuly 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effectiveJuly 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §74:26:01:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies maybe obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87- 100012. Cost: $31.

74:36:01:08. Major source delmed. A major source is any source or any group of
sources that is located on one ormore contiguous or adjacent properties, that is under control of

14**,~** the same person or ofpersons under common control, that belongs to a single major industrial grouping, and that is any ofthe following:
(1) A major source under § 112 of the Clean Air Act defined as a source or group of
sources located within a contiguous area and under common control that emits or has the potential to emit, considering controls, in the aggregate, 10 tons per year (tpy) or more ofany hazardous airpollutant which has been listed pursuant to§ 112(b) ofthe Clean AirAct, 25 tpy or
more ofany combination ofsuch hazardous airpollutants, or alesser quantity establishedbyrule by the administrator ofthe EPA. Emissions from any oil exploration or production well and its associated equipment and emissions from any pipeline compressor or pump station may not be aggregated with emissions from other similar units, whether ornot suchunits are in a contiguous
area orunder common control, to determine whether suchunits or stations are major sources; or
(2) A major source ofairpollutants, as defined in §302 ofthe Clean Air Act, that directly emits or has the potential to emit 100 tpy or more ofany air pollutant subject to regulation as required by EPA, including any major source of fugitive emissions of any such pollutant, as determinedbyrulebythe administratorofthe EPA; or
(3) A major source as defined inPartD ofTitle I ofthe CleanAirAct, including;
(a) For ozone nonattainment areas, sources with the potential to emit 100 tons ormore per year ofvolatile organic compounds or oxides ofnitrogen in areas classified as "marginal" or "moderate, "50 tons ormore per year in areas classified as "serious," 25 tons ormore per year in

15areas classified as "severe," and 10 tons or more per year in areas classified as "extreme." The references in this subdivision to 100, 50, 25, and 10 tons per year ofnitrogen oxides do not apply to any source for whichthe administrator ofthe EPAhas made afinding, under § 182(f)(l) or (2) oftheCleanAirAct, thattherequirements of§ 182(f) oftheCleanAirAct do not apply;
(b) For ozone transport regions established pursuant to § 184 of the Clean Air Act,
sources withthepotential to emit 50 tons ormoreperyear ofvolatile organic compounds;
(c) For carbon monoxide nonattainment areas that are classified as "serious" and in which sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator ofthe EPA, sources with the potential to emit 50 tons or more per year ofcarbonmonoxide; and
(d) For particulate matter (PM10) nonattainment areas classified as "serious," sources with the potential to emit 70 tons ormore peryear ofPM10.

A source or group ofsources is considered as part ofa single industrial grouping ifall of the pollutant-emitting activities ofthe source or group ofsources belong to the same major group (i.e. which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

16**;~-=--** Source: List ofstationary sources transferred from § 74:26:01:03, 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:01:06.05 and 74:26:01:06.07, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effectiveApril4, 1999. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

Cross-Reference: Classificationdefined, Title I ofthe CleanAirAct.

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87- 100012. Cost: $31.

74:36:01:15. Regulated air pollutant deimed. A regulated air pollutant is one of the following:
(1) Nitrogenoxides oranyvolatile organic compounds;
(2) Nitrogen dioxide, PMI0, sulfur dioxide, carbon monoxide, lead, ozone, or any pollutantfor which anational ambient air quality standardhas beenpromulgatedintheCleanAir Act;

17(3) Anypollutant that is addressed by any standard promulgated under§ 111 ofthe Clean AirAct;
(4) Any Class I or II substance subject to a standard promulgated under or established by Title VI ofthe CleanAirAct; ef
(5) Any pollutant subject to a standard promulgated under § 112 ofthe Clean Air Act or other requirements established under §§ 112(g), (j), and (r) ofthe Clean Air Act, including the following:
(a) Any pollutant subject to a standard promulgated under § 112(j) of the Clean Air Act. If the administrator ofthe EPA fails to promulgate a standard by the date established in § 112(e) ofthe Clean Air Act, any pollutant for which a subject source would be major shall be considered to beregulated onthat date; and
(b) Anypollutant for which the requirements of§ 112(g)(2) ofthe Clean Air Act have been met, butonlyfor the individual source subjectto§ 112(g)(2) requirement; or
(6) Any ofthe six greenhouse gases designated by EPA as regulated airpollutants: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfurhexafluoride.

Source: 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6.

18**~·** 

# rLaw Implemented: SDCL 34A-1-6.

CHAPTER74:36:09

PREVENTION OFSIGNIFICANT DETERIORATION

Section 74:36:09:01 Applicability. 74:36:09:01.01 Prevention ofsignificant deteriorationpermitrequired. 74:36:09:02 74:36:09:03 Prevention ofsignificant deterioration. Publicparticipation.

74:36:09:02. Prevention of significant deterioration. For the purposes ofthis chapter, the state's definitions and requirements for the prevention ofsignificant deterioration are those in 40 C.F.R. § 52.21 (July 1, 2009), as revised by EPA in publication 75 Fed. Reg. 31606 and 31607 (June 3, 2010), except for 40 C.F.R. § 52.21(a)(l), (a)(2)(iv)(e), (a)(2)(vi), (b)(2)(iii)(h), (b)(3)(iii)(b), (b)(3)(vi)(d), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), (b)(58), (f), (q), (s), (t), (u), (x), (y), (z), and (cc) (July 1, 2009) withthe following differences:

19(1) For the purposes ofthis section, all terms defined in this section have the meaning 

# r- ! defined in 40 C.P.R. §52.21, except for the term "administrator" which means the secretary with the following exceptions:
(a) In 40 C.P.R. §§ 52.21(b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator"
means eitherthe secretary orthe administrator ofEPA, as applicable;
(b) In 40 C.P.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator"
means eitherthe secretaryorthe administratorofEPA, as applicable;
(c) In 40 C.P.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 52.21(b)(50)(i); 52.21(g)(1) to 52.21(g)(6), inclusive; 52.21(1)(2); and 52.21(p)(2) the term "administrator" means the administrator ofEPA;
(2) Forthepurposes ofthis section, the term "Act" means the CleanAirAct;
(3) For the purposes ofthis section, in 40 C.P.R. §52.21(c), the Class I areas in South Dakota are Wind CaveNational Park andthe BadlandsNational Park;
(4) For the purposes of this section, 40 C.F.R §52.21(a)(2)(iv)(f) is incorporated by reference excluding the last sentence which states, "For example, ifa project involves both an existing emissions unit and a Clean Unit, the projected increase is determined by summing the values determined using the method specified in paragraph (a)(2)(iv)(c) ofthis section for the

20**,t&J~-** existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the Clean Unit";
(5) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by reference excluding the second sentence which states, "Routine maintenance, repair and replacement shall include, but notbe limited to, any activity(s) that meets therequirements ofthe equipmentreplacement provisions containedin paragraph (cc) ofthis section";
(6) For the purposes ofthis section, 40 C.F.R. §52.21(r)(6) is incorporated by reference excludingthephrase, "(otherthan projects at a Clean Unit or at a source with a PAL)";
(7) For the purposes ofthis section, 40 C.F.R. §52.21(v)(l) is incorporated by reference excludingthe phrase, "under40 CFR 124.10"; and
(8) For the purposes ofthis section, 40 C.F.R. §52.21(w)(1) is incorporated byreference excludingthe phrase, "expires underparagraph (s) ofthis section or".

The secretary shall transmit to the administrator of the EPA a copy of each permit application subject to this section and shall notify the administrator of the EPA of each significant actionthe secretarytakes onthe application.

IfEPA stays or withdraws the regulation of greenhouse gases as identified in publication 75 Fed. Reg. 31606 and 31607 (June 3, 2010), or a court issues an order vacating or otherwise

21invalidating EPA's regulation ofgreenhouse gases for any reason, the regulation ofgreenhouse gases by Article 74:36 are void as ofthe date ofsuch administrative or judicial action and shall have no further force and effect.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-18. LawImplemented: SDCL 34A-1-18.

CHAPTER74:36:20

CONSTRUCTIONPERMITS FORNEWSOURCES ORMODIFICATIONS

Section 74:36:20:01 Applicability. 74:36:20:02 Constructionpermitrequired. 74:36:20:02.01 Initiating construction prior to permit issuance. 74:36:20:03 Constructionpermit exemption. 74:36:20:04 Emissionunit exemptions.

22

## F' 74:36:20:05 \ Standard for issuance ofconstructionpermit. 74:36:20:06 Timely and complete application for a constructionpermitrequired. 74:36:20:07 Required contents ofcomplete application for a constructionpermit. 74:36:20:08 Applicantrequired to supplement orcorrect application. 74:36:20:09 Permit application-- Completeness review. 74:36:20:10 Timeperiod for department'srecommendation. 74:36:20:11 Publicparticipationinpermittingprocess. 74:36:20:12 Publicreview ofdepartment's draftpermit. 74:36:20:13 Final permit decision-- Noticeto interestedpersons. 74:36:20:14 Right to petition for contested casehearing. 74:36:20:15 Contents ofconstructionpermit. 74:36:20:16 Administrativepermit amendment. 74:36:20:17 Procedures for administrativepermit amendments. 74:36:20:18 Reopening constructionpermit for cause. 74:36:20:19 Procedures to reopen constructionpermit. 74:36:20:20 Constructionpermitdoes not exempt from otherrequirements. 74:36:20:21 Expiration ofa constructionpermit. 74:36:20:22 Notice ofconstructingor operatingnoncompliance-- Contents. 74:36:20:23 Petitionfor contested case or alleged violation. 74:36:20:24 Circumvention ofemissions not allowed.

2374:36:20:02. Construction permit required. A person may not construct, install, (- -. modify, or operate any source or unit likely to cause the emission of air pollutants into the ambient air or any equipment that prevents or controls the emission of air pollutants into the ambient air until a construction permit has been issued by the board or the secretary, unless it meet the requirements in§ 74:36:20:02.01.

Source: 36 SDR207, effective June 28,2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

74:36:20:02.01. Initiating construction prior to permit issuance. The owner or operator ofa new source ormodification to an existing source may initiate construction prior to issuance of the construction permit by the department if the owner or operator meets the following requirements:

(1) The owner or operator has submitted a construction pennit application to the department in accordance with§ 74:36:20:06;
(2) The owner or operator has submitted a notification to the department ofits intentions to initiate construction prior to issuance of the construction permit five working days before initiating construction;

24(3) The new source or modification to an existing source is not subject to chapters 74:36:09 or 74:36:10. The provisions in chapters 74:36:09 or 74:36:10 remain applicable until the new source or modification to an existing source legally obtains a construction permit with federally enforceable conditions which limit the sources potential to emit below the applicable thresholds in chapters 74:36:09 or 74:36:10;

(4) The new source or modification to an existing source 1s not subject to § 74:36:08:03.01. The provisions in § 74:36:08:03.01 remain applicable until the new source or modification to an existing source legally obtains a construction pennit with federally enforceable conditions which limit the sources potential to emit below the applicable thresholds in§ 74:36:08:03.01;
(5) The owner or operator must assume any liability for construction conducted on a
source before the pennit is issued and in no case will the applicant be allowed to operate the equipment in any way that mayemit any airpollutantpriorto receiving a constructionpermit;
(6) The owner or operator must cease construction if the department's evaluation demonstrates the construction of the new source or modification to the existing source will interfere with the attainment or maintenance of a national ambient air quality standard or increment; and
(7) The owner or operator will be required to make any changes to the new source or modification ofan existing source that maybeimposed in the issued constructionpermit.

25Source: GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21.

26IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES CERTIFICATE

I, Richard C. Sweetman, hereby certify that I am a duly appointed member and the duly elected chair ofthe Board ofMinerals and Environment and that the attached instruments are full, true, and correct copies ofthe following rules adopted by the Board ofMinerals and Environment on February 17, 2011:
a. The proposed amendments to article 74:36 by revising chapter 74:36:01- Definitions, 74:36:09- Prevention ofSignificant Deterioration, and 74:36:20- Construction Permits for New Sources or Modifications I further certify that SDCL 1-26-4 and 1-26-6 were complied with in the adoption ofthese rules. These rules will become effective twenty days after filing with the Secretary ofState.

Subscribed and sworn to before me this

## jJ__ day of

## Feb. ,**~6/J** 

## .

# ~~ l'lotary Public- South Dakota (Seal) My Commission expires

______,20_ BRENDA

### ANDERSON,NotaryPublic 

### Commillion

### uprtl My0ctober26,2016

# /li#~ - 1c ar . weetman, mrman, Board ofMinerals andEnvironment

SECRETARYOFSTATE------------------------------------------IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES CERTIFICATE

I, Richard C. Sweetman, hereby certify that I am a duly appointed member and the duly elected chair ofthe Board ofMinerals and Environment andthat the attached instruments are full, true, and correct copies ofthe following rules adopted by the Board ofMinerals and Environment on February 

### 17, 2011:
a. The proposed amendments to article 

### 74:36 by revising chapter 

### 74:36:01 -Definitions, 

### 74:36:09- Prevention ofSignificant Deterioration, and 

### 74:36:20- ConstructionPermits for New Sources or Modifications 

### Ifurther certify that SDCL 

### 1-26-4 and 

### 1-26-6 were compliedwithin the adoptionofthese rules. These rules will become effective twenty days after filing withthe Secretary ofState.

Subscribed and sworn to before me this

## jJ_day of

# feb. , :;26/J
.

# ~~ l'Jotary Public- South Dakota (Seal) My Commission expires



### ______,20_ BRENDA

### AN09SON,NotoryPublic 

### Commillion&pil'll My Odober26,2016

# /liY~ · 1c ar . weetman, mrman, Board ofMinerals and EnvironmentChapter 74:36:01 74:36:02 74:36:03 74:36:04 74:36:05 74:36:06 74:36:07 74:36:08 74:36:09 74:36:10 74:36:11 74:36:12 74:36:13 74:36:14 74:36:15 74:36:16 74:36:17 74:36:18 74:36:19 74:36:20 74:36:21

Section 74:36:01:01 74:36:01:02 74:36:01:03 74:36:01:04 74:36:01:05 74:36:01:06 74:36:01:07 74:36:01:08 74:36:01:09 74:36:01:10 74:36:01:11 74:36:01:12 74:36:01:13 ARTICLE 74:36 AIRPOLLUTION CONTROL PROGRAM

Definitions. Ambient air quality. Air quality episodes. Operatingpermits for minor sources. Operating permits for Part 70 sources. Regulated airpollutant emissions. New source performance standards. National emission standards for hazardous air pollutants. Prevention ofsignificant deterioration. New source review. Performancetesting. Control ofvisible emissions. Continuous emission monitoring systems. Variances, Repealed. Openburning, Transferred or Repealed. Acid rain program. Rapid City street sanding and deicing. Regulations for state facilities in the Rapid City area. Mercury budgettrading program, Repealed. Constructionpermits for new sources ormodifications. Regional haze program.

Definitions. Repealed. CHAPTER74:36:01 DEFINITIONS

Administrativepermit amendment defined. Affected states defined. Applicablerequirements ofthe CleanAir Act defined. Complete application defined. Repealed. Major source defined. Categories ofsources defined. Modification defined. National ambient air quality standard (NAAQS). Potential to emit defined. Process weight rate defined.74:36:01:14 74:36:01:15 74:36:01:16 74:36:01:17 74:36:01:18 74:36:01:19 74:36:01:20 74:36:01 :21 Repealed. Regulated air pollutant defined. Responsible official defined. Repealed. Municipal solid waste landfill defined. Existing municipal solid waste landfill defined. Physical change in orchange in the method ofoperation defined. Commenced construction defined.
74:36:01:01. Definitions. Unless otherwise specified, the terms used inthis article mean: (1) "Act," chapter 34A-1 ofthe SouthDakotaCodifiedLaws; (2) "Acid rain permit," a legally binding written document or portion ofa document that is issued by the department and specifies the acid rainprogramrequirements applicable to an affected source and to the owners and operators and the designated representative ofthe affected source; (3) "Acidrain program," the national sulfur dioxide and nitrogen oxides airpollution control and emissions reductionprogram establishedin accordance withTitle IV ofthe CleanAir Act; (4) "Administrator," the administrator of the Environmental Protection Agency or the secretary ortheir authorized representatives; (5) "Affected source," a source that includes one ormore affected units under Title IV ofthe CleanAirAct; (6) "Affected unit," a unit that is subject to any ofthe emission reduction requirements or emission limits pursuantto Title IV ofthe CleanAirAct orchapter 74:36:16; (7) "Air pollutant," one or a combination of the regulated air pollutants listed m § 74:36:01:15; (8) "Allowable emissions," the emission rate calculated using the maximum rated capacity ofa source unless the source is subjectto federally enforceable limits which restrict operating rate, hours ofoperation, orboth, and the most stringent ofthe following: (a) The applicable new source performance standards inchapter74:36:07; (b) The applicable national emission standards in chapter 74:36:08; (c) Any applicable emission limitations specified in this article, including those with a future compliance date; (d) The emissionrate specified as a permitcondition; or (e) The applicable standards in40 C.F.R. Part 60, 61, or 63 (July 1, 2009); (9) "Ambient air," that portion ofthe atmosphere external to buildings to which the general public has access; (10) "ASTM," the American Societyfor Testing and Materials;(11) "Board," the Board ofMinerals and Environment; (12) "Btu," Britishthermal unit; (13) "CO," carbon monoxide; (14) "Chairman," chairman oftheboard; (15) "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through January 1, 2010; (16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. L. No. 101-549,November 15, 1990; (17) "Control equipment," a device whichprevents orreduces emissions; (18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead; (19) "Department," the South Dakota Department ofEnvironment and Natural Resources; (20) "Designated representative," the responsible person or official authorized by the owner or operator ofan affected unit, in accordance with the Clean Air Act, to represent the owner or operator in matters pertaining to the holding, transfer, or disposition ofallowances allocated to the unit and the submission ofand compliance with permits, permit applications, and compliance plans for the unit; (21) "Draft permit," the version of a permit for which the department offers public participation or affected state review; (22) "Emissions allowable under the permit," a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit, including work practice standards, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject; (23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a single unit; (24) "Emission unit," "Unit," any part or activity ofa stationary source which emits or has the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) ofthe Clean AirAct; (25) "EPA," the Environmental Protection Agency;(26) "Equivalent method," any method of sampling and analysis for an air pollutant which has a consistent and quantitatively known relationship to the reference method under specified conditions; (27) "Existing source," a source thathas an approved state-issued variance orpermit; (28) "Facility," a building, structure, or installation of pollutant-emitting activities which belong to the same industrial grouping, located on one or more contiguous or adjacent properties and under the control ofthe same person or ofpersons under common control, except the activities ofa water-borne vessel. Pollutant-emitting activities are part ofthe same industrial grouping ifthey belong to the same major group, i.e., have the same two-digit code, as described in the Standard Industrial ClassificationManual, 1987; (29) "Federally enforceable," all limits and conditions that are enforceable by the administrator of EPA pursuant to federal law. These limits and conditions include those requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 1, 2009), requirements within the state implementation plan, and permit requirements established pursuant to this article or 40 C.F.R. §51 Subpart I (July 1, 2009). The use ofthis term does not impede the department's authority under state lawto enforce these limits and conditions; (30) "Final permit" the version ofan operating permit issued by the permitting authority for a source thathas completed all requiredreviewprocedures; (31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any oftheir components used in the process ofburning fuel or other combustible material for the primary purposes ofproducing heat orpowerby indirectheattransfer; (32) "Fugitive emissions," those air pollutants which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening; (33) "General permit," apermit issued by the board in accordance with SDCL 34A-1-56 that may be made applicable to numerous similar sources; (34) "Heat input," the aggregate heat content ofall fuels whose products ofcombustionpass through a stack or stacks, using the heat input value ofthe equipment manufacturer's or designer's guaranteed maximum input, whichever is greater; (35) "Incinerator," a furnace used to burn solid waste to reduce the volume ofthe waste by removing its combustible material; (36) "Malfunction," any sudden and unavoidable failure ofair pollution control equipment or process equipment or of a process to operate in a normal or usual manner, but not a failure caused entirely or in part by poor maintenance, careless operation, preventable equipment breakdown, or any other cause withinthe control ofthe owner or operator ofthe source; (37) "Minor source," a source whose potential emissions ofa criteria pollutant are less than 100 tons ayear and which does not meetthe definition ofa Part 70 source;(38) "New source," a source that has not been constructed and does not possess a permit or an approved state-issued variance; (39) "Nonattainrnent area," an area that does not meet or that contributes to ambient air quality in a nearby area that does not meet the national primary or secondary ambient air quality standard for the pollutant; (40) "NSR," new source review; (41) "Opacity," the degree to which emissions reduce the transmission oflight and obscure the view ofan object in the background; (42) "Open burning," the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passage through a stack, duct, or chimney; (43) "Operating permit," a written authorization issued by the board or the secretary for the operation ofa source; (44) "Owner or operator," any person who owns, leases, operates, controls, or supervises a source; (45) Repealed; (46) "Part 70 operating permit," any permit or group ofpermits covering a Part 70 source that is issued, renewed, amended, orrevised; (47) "Part 70 source," any source subject to§ 74:36:05:03; (48) "Particulate matter," a broad class ofchemically and physically diverse substances that exist as discrete particles, liquid droplets, or solids over a wide range ofsizes; (49) "Permit modification," a change to a source which operates under a minor source operating permit or Part 70 operatingpermitthat meets the requirements of§ 74:36:01:10; (50) "Permit revision," a revision to a minor source operating permit or Part 70 operating permit to incorporate a permit modification, administrative permit amendment, or minor permit amendment; (51) "Person," an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or state agency or any legal successor, representative, agent, or agency ofthe foregoing; (52) "PMlO," particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by an applicable reference or equivalent method;(53) "Proposed Part 70 operating permit," a permit that the department has forwarded to EPA for review after the closure of the public notice period and after considering any public comments, including those from affected states; (54) "PSD," prevention ofsignificant deterioration; (55) Repealed; (56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of product or material; (57) "Secretary," the secretary ofthe South Dakota Department ofEnvironment and Natural Resources or an authorized representative; (58) "Shutdown," the cessation ofoperation of any control equipment, process equipment, orprocess for any purposes; (59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a visible plume in the air; (60) "Source," a facility that emits or may emit any air pollutant regulated under the Clean Air Act; (61) "Start-up," the setting into operation ofany control equipment, process equipment, or process for any purpose; (62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and maintenance ofnational ambient air quality standards; (63) "Title IV," Title IV ofthe Clean AirActAmendments, acid deposition control; (64) "Title V," Title V ofthe CleanAir Act Amendments, permits; (65) "Title VI," Title VI ofthe Clean Air Act Amendments, stratospheric ozone protection; (66) "Variance," a written authorization issued by the board to operate a minor source in an attainment area that is not in compliance with certain portions ofthe Act; (67) "VOC," "volatile organic compounds," as defined in 40 C.F.R. § 51.100(s) (July 1, 2009); (68) "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer to salvage nonferrous metals throughthe thermal destruction ofsolid waste materials; (69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a nominal2.5 micrometers as measured by an applicable reference or equivalent method;(70) "S02," sulfur dioxide; (71) "N02," nitrogen dioxide; (72) "Construction permit," a written authorization issued by the board or the secretary for the construction and operation ofa new source ormodificationto an existing source; and (73) "Subject to regulation," as defined in 40 CFR §70.2 (July 1, 2009), as revised in publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April20, 2011. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-100012. Cost: $31. 74:36:01:02. Actual emissions defined. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 31 SDR 101, effective January 2, 2005. 74:36:01:03. Administrative permit amendment defined. An administrative permit amendment is an amendment to an existing permit and is issued by the secretary. The secretary may issue an administrative permit amendment ifit accomplishes one ofthe following: (1) Corrects typographical errors; (2) Changes the name, address, or phone number ofany person identified in the permit or provides a similarminor administrative change at the source; (3) Requires more frequent monitoring orreporting by the permittee;(4) Allows for a change in ownership or operational control ofa source ifthe department determines that no other change in the permit is necessary and a written agreement containing a specific date for transfer ofpermit responsibility, coverage, and liability between the current and new permittee has been submitted to the department. Ifthe change in ownership or operational control changes the designated representative for an acid rain permit, the change is considered a permit modification and the procedures outlined in§ 74:36:05:39 apply; or (5) Any other change that the Administrator ofthe EPA and the secretary determines to be similarto the requirements in subdivisions (1) to ( 4), inclusive, ofthis section. Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:04. Affected states defined. Affected states are all states whose air quality may be affected by and that are contiguous to the state in which an operating permit, permit modification, or permit renewal for a Part 70 source is being proposed or that are within 50 miles of the permitted source. Source: 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:01:05. Applicable requirements of the Clean Air Act defined. Applicable requirements ofthe Clean Air Act include all ofthe following as they apply to emissions units in a Part 70 source, unless the context ofthe Clean Air Actrequires otherwise: (1) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Clean Air Act that implements the relevant requirements ofthe Clean Air Act, including any revisions to that plan promulgated in Part 52 of40 C.F.R. (July 1, 2009); (2) Any term or condition of any preconstruction permits issued pursuant to regulations approved throughrulemaking underTitle I, including Parts C orD, ofthe CleanAirAct; (3) Any standard or other requirement under§ 111 ofthe Clean Air Act, including§ 111(d); (4) Any standard or other requirement under § 112 of the Clean Air Act, including any requirement concerning accidentpreventionunder § 112(r)(7) ofthe Clean AirAct; (5) Any standard or other requirement ofthe acid rain program under Title IV ofthe Clean Air Act orthe regulations promulgated under it; (6) Any monitoring, reporting, and certification requirements established pursuant to §504(b) or 114(a)(3) ofthe Clean AirAct;(7) Any standard or otherrequirement governing solid waste incineration, under § 129 ofthe Clean Air Act; (8) Any standard or other requirement for consumer and commercial products, under § 183(e) ofthe Clean AirAct; (9) Any standard or otherrequirement for tank vessels, under § 183(±) oftheClean Air Act; ( 1

0) Any standard or other requirement ofthe program to control air pollution from outer continental shelfsources, under§ 328 ofthe CleanAir Act; (11) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI ofthe Clean Air Act, unless the administrator ofthe EPA has determined that such requirements need notbe contained in a Part 70 operatingpermit; and (12) Any national ambient air quality standard or increment or visibility requirement under Part C ofTitle I ofthe Clean Air Act, but only as it would apply to temporary sources permitted pursuant to § 504(e) ofthe Clean Air Act. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28,2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:06. Complete application defined. A complete application is one that the department has determined to contain all the information needed to begin to process the application. A determination that an application is complete continues in effect if the source submits by the date or dates specified by the department any additional information reasonably determined by the department to be necessary for developing and issuing the permit and requested in writing. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:07. Majormodification defined. Repealed. Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:01:02.01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; repealed, 31 SDR 101, effective January 2, 2005. 74:36:01:08. Major source defined. A major source is any source or any group ofsources that is located on one or more contiguous or adjacent properties, that is under control ofthe same person or ofpersons under common control, that belongs to a single major industrial grouping, and that is any ofthe following:(1) A major source under§ 112 ofthe Clean Air Act defined as a source or group ofsources located within a contiguous area and under common control that emits or has the potential to emit, considering controls, in the aggregate, 10 tons per year (tpy) or more ofany hazardous air pollutant which has been listed pursuantto § 112(b) ofthe CleanAir Act, 25 tpy ormore ofany combination ofsuch hazardous air pollutants, or a lesser quantity established by rule by the administrator ofthe EPA. Emissions from any oil exploration or production well and its associated equipment and emissions from any pipeline compressor or pump station may not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether suchunits or stations are major sources; or (2) A major source ofair pollutants, as defined in § 302 ofthe Clean Air Act, that directly emits or has the potential to emit 100 tpy or more of any air pollutant subject to regulation as required by EPA, including any major source of fugitive emissions of any such pollutant, as determined by rule by the administratorofthe EPA; or (3) A major source as defined in Part D ofTitle I ofthe Clean AirAct, including; (a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more per year ofvolatile organic compounds or oxides ofnitrogen in areas classified as "marginal" or "moderate, "50 tons or more per year in areas classified as "serious," 25 tons or more per year in areas classified as "severe," and 10 tons or more per year in areas classified as "extreme." The references in this subdivision to 100, 50, 25, and 10 tons per year ofnitrogen oxides do not apply to any source for which the administrator ofthe EPA has made a finding, under§ 182(f)(1) or (2) ofthe CleanAirAct, thatthe requirements of§ 182(f) ofthe Clean AirAct do not apply; (b) For ozone transport regions established pursuant to § 184 of the Clean Air Act, sources withthe potential to emit 50 tons ormore per year ofvolatile organic compounds; (c) For carbon monoxide nonattainment areas that are classified as "serious" and in which sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator ofthe EPA, sources with the potential to emit 50 tons or more per year ofcarbon monoxide; and (d) For particulate matter (PMIO) nonattainment areas classified as "serious," sources with the potential to emit 70 tons or more peryear ofPM10. A source or group ofsources is considered as part ofa single industrial grouping ifall ofthe pollutant-emitting activities o"fthe source or group ofsources belong to the same major group (i.e. which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987. Source: List of stationary sources transferred from § 74:26:01:03, 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:01:06.05 and 74:26:01:06.07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 37 SDR 182, effective April 20, 2011. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.Cross-Reference: Classification defined, Title I ofthe Clean AirAct. Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-100012. Cost: $31. 74:36:01:09. Categories ofsources defined. The fugitive emissions ofa source shall notbe included in determining whether it is a major source for any of the purposes of § 74:36:01:08 unless the source belongs to one ofthe following categories ofsources: (1) Coal cleaningplants withthermal dryers; (2) Kraftpulp mills; (3) Portlandcementplants; ( 4) Primary zinc smelters; (5) Iron and steel mills; (6) Primary aluminum ore reductionplants; (7) Primary copper smelters; (8) Municipal incinerators capable ofcharging more than 250 tons ofrefuse per day; (9) Hydrofluoric, sulfuric, or nitric acid plants; (10) Petroleumrefineries; (11) Lime plants; (12) Phosphaterock processingplants; (13) Coke oven batteries; (14) Sulfurrecoveryplants; (15) Carbonblackplants (furnace process); (16) Primary lead smelters; (17) Fuel conversionplants; (18) Sinteringplants; (19) Secondary metal productionplants; (20) Chemical process plants; (21) Fossil fuel-fired boilers totaling more than 250 million British thermal units per hour heat input; (22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (23) Taconite ore processingplants; (24) Glass fiber processingplants; (25) Charcoal productionplants; (26) Fossil fuel-fired steam electric plants ofmore than 250 million Britishthermal units per hourheat input; and (27) Any other source category, which as ofAugust 7, 1980, is regulated under§ 111 or 112 ofthe Clean Air Act but only for those airpollutants that have beenregulated for that category. Source: Transferred from§ 74:26:01:03, 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:06.07, 19 SDR 157, effective April 22, 1993; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.74:36:01:10. Modification defined. Modification is a physical change in or change in the method ofoperation ofa source thatresults in at least one ofthe following: (1) An increase in the amount ofan airpollutant emittedby that source or in the emission of an airpollutantnot previously emitted; (2) A significant change to existing monitoring, reporting, orrecord keeping requirements in the permit; (3) The change requires or changes a case-by-case determination of an emission limit or other standard, a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis; or (4) The change seeks to establish or change a permit term or condition for which there is a corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a modification under any provision ofTitle I, or an alternative emissions limit approved pursuant to regulations promulgated under§ 112(i)(5) ofthe CleanAirAct. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §34:10:01:01(18), 7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:02, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:02, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:11. National ambient air quality standard (NAAQS). The national primary ambient air quality standards define levels ofair quality that are necessary, with a margin ofsafety, to protect the public health. The national secondary ambient air quality standards define levels of air quality that are necessary to protect the public welfare from any known or anticipated adverse effects ofapollutant. These standards are located in chapter 74:36:02. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §74:26:01:01, 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-6. 74:36:01:12. Potential to emit defined. The potential to emit for sources shall be based on the maximum rated capacity ofa source to emit apollutantunder its physical oroperational design. Any physical or operational limitation onthe capacity ofa source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitation is federally enforceable. Secondary emissions are not included when determining the potential to emit. Source: 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:03, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; list of stationary sources transferred to §74:26:01:06.07, 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:03, 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:01:13. Process weight ratedefined. Process weightperhour is the total weight ofall raw materials and other materials introduced into any specific process that may cause an emission ofa regulated pollutant. Solid fuels charged are considered as part ofthe process weight, butliquid and gaseous fuels and combustion air are not. The process weightrate for continuous or long-run steady-state operations is the total process weight for the entire period ofcontinuous operation or for a typical portion divided by the number ofhours ofthe period orportion. The process weight rate for cyclical or batch operation is the total process weight for aperiod that covers a complete operation or an integral number ofcycles divided by the hours ofactual process operation during such aperiod. Ifthe nature of a process or operation or the design ofequipment permits more than one interpretation ofdata, the interpretation that results in the minimum value for allowable emissions applies. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01(29), 7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:04, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:04, 19 SDR 157, effective April 22, 1993. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:14. Reconstruction ofsources defined. Repealed Source: 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:05, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:05, 19 SDR 157, effective April22, 1993; repealed, 31 SDR 101, effective January 2, 2005. 74:36:01:15. Regulated air pollutant defined. A regulated air pollutant is one of the following: (1) Nitrogen oxides or any volatile organic compounds;(2) Nitrogen dioxide, PMIO, sulfur dioxide, carbon monoxide, lead, ozone, or any pollutant for which a national ambient air quality standard has been promulgated in the Clean Air Act; (3) Any pollutant that is addressed by any standard promulgated under § Ill ofthe Clean Air Act; (4) Any Class I or II substance subject to a standard promulgated under or established by Title VI ofthe Clean AirAct; (5) Any pollutant subject to a standard promulgated under § 112 ofthe Clean Air Act or other requirements established under §§ 112(g), (j), and (r) of the Clean Air Act, including the following: (a) Any pollutant subject to a standard promulgated under § 112(j) ofthe Clean Air Act. Ifthe administrator ofthe EPA fails to promulgate a standardby the date established in § 112(e) of the Clean Air Act, any pollutant for which a subject source would be major shall be considered to be regulated on that date; and (b) Any pollutant for which the requirements of§ 112(g)(2) ofthe Clean Air Act have been met, but only for the individual source subjectto § 112(g)(2) requirement; or (6) Any ofthe six greenhouse gases designated by EPA as regulated air pollutants: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 37 SDR 182, effective April 20, 2011. General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-6. 74:36:01:16. Responsible official defined. A responsible official is defined as one ofthe following: (1) For a corporation, a president, secretary, treasurer, orvice-president ofthe corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative ofsuchperson if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subjectto a permit, and either: (a) The facility employs more than 250 persons or has gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (b) The delegation of authority to such a representative is approved in advance by the department; (2) For apartnership or sole proprietorship, a general partner orthe proprietor, respectively; (3) For a municipal, state, federal, or otherpublic agency, either a principal executive officer or ranking elected official. For the purposes ofthis subdivision, a principal executive officer ofa