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. 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 

Rombough, 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. Jean Hunhoff, Chair 

Legislative 

Research 

Council 

Rep. Shantel Krebs, Vice Chair 

RECEIVED 

MAR 14 2011 

AIR QUALITY 

PROGRAM 

James Fry, Director March 141 2011 

Doug Decker, Code Counsel 

TO: Rules Contacts 

FROM: Doug Decker, Code Counsel) o-v::J 

RE: Interim Rules Review Committee Meeting- March 29, 2011 

Your agency has been scheduled to present rules at the next Interim Rules Review Committee meeting 

(see the enclosed agenda). The agency must have a representative present at this meeting to explain the 

rules, give background information, or answer any questions from the committee. 

Each agency must serve a copy of the rules and other information on the committee members at 

least five 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 of the rules before 

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

part of the rule adoption process according to SDCL 1-26-4 (9) to prepare for the meeting. The service 

of the rules must be done with enough time between the service of the rules and the meeting to allow 

the committee members time to review the rules prior to the meeting. A committee member who has 

not received the rules in time to review the rules before the meeting may vote to reject the agency's 

rules. Please note that Form 12 (AFFIDAVIT) has been updated and is available on the LRC 

website. 

Thank you for your cooperation in this matter. This procedure will expedite the presentation of your 

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

rules. 

DD:ks 

Enclosure: Agenda 

State Capitol, 500 East Capitol, Pierre, SD 57501-5070 

6o5n73=3251-!.-Eax-605Lll3-4576 

http://legis.state.sd.us 

RULES REVIEW COMMITTEE 

AGENDA 

..:_~-~ 

SouthDakota 

Legislative 

Research 

Council 

Senator Jean M. Hunhoff, Chair 

Representative R. Shawn Tornow, Vice Chair 

Three hundred twelfth meeting 

Tuesday 

Room 413 

State Capitol 

March 29, 2011 Pierre, South Dakota 

9:00a.m. 

Agencies are asked to have a representative present at the meeting 

to give background information on their rules. 

Call to order, roll call, approval of minutes, staff report 

Review of proposed rules 

Senator Hunhoff 

Department of Health: Board of Pharmacy- Adopt Prescription Drug Monitoring Program 

rules to establish requirements for a data base of controlled substance prescriptions 

dispensed to South Dakota residents. 

Representative Tornow 

Attorney General: Law Enforcement Officers Standards and Training Commission -

Amend rules to provide for a basic training course for certified law enforcement 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 

certification requirements for accelerant detection canine teams. 

Senator Buhl 

Public Utilities Commission - Amend rules to determine telecommunications switched 

access rates charged by competitive local exchange carrier charges. 

Representative Gibson 

Department of Environment and Natural Resources: Board of Minerals 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. 
11:30 a.m. 

Senator Yehle 

Department of Game, Fish and Parks - Amend a Uses of Parks 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 Water Zoning rules to create a "no boating zone" on a portion of the 

Belle Fourche River in Butte County and "no wake zones" on Twin Lakes (Minnehaha 

County) and on the portion of Lewis & 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 of highway near the southeast edge of the City of Sioux 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 4 7 north of its junction with SD Highway 248 to reduce the 

speed limit through Reliance, and in Lyman County on SD Highway 248 from its junction 

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, pursuant to the Americans with Disabilities Act, should contact the Legislative 

Research Council (6051773-3251) in advance of the meeting to make any necessary 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 of meeting 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 

Senator Jean M. Hunhoff, Chair 

Representative R. Shawn Tornow, Vice Chair 

Three hundred twelfth meeting 

Tuesday 

Room 413 

State Capitol 

March 29,2011 Pierre, South Dakota 

9:00a.m. 

Agencies are asked to have a representative present at the meeting 

to give background information on their rules. 

Call to order, roll call, approval ofminutes, staff report 

Review of proposed rules 

Representative Tornow 

Attorney General: Law Enforcement Officers Standards and Training Commission -

Amend rules to provide for a basic training course for certified law enforcement 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 

certification requirements for accelerant detection canine teams. 

Senator Buhl 

Public Utilities Commission - Amend rules to determine telecommunications switched 

access rates charged by competitive local exchange carrier charges. 

Representative Gibson 

Department of Environment and Natural Resources: Board of Minerals 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.) 
Senator Vehle 

~"' 

Department of Game, Fish and Parks - Amend a Uses of Parks 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 Water Zoning rules to create a "no boating zone" on a portion of the 

Belle Fourche River in Butte County and "no wake zones" on Twin Lakes (Minnehaha 

County) and on the portion of Lewis & Clark Lake (Yankton County) commonly known as 

the Midway Boating Beach; and amend a Refuges rule to increase the size of the 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 of highway near the southeast edge of the City of Sioux 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 of its junction with SD Highway 248 to reduce the 

speed limit through Reliance, and in Lyman County on SD Highway 248 from its junction 

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, pursuant to the Americans with Disabilities Act, should contact the Legislative 

Research Council (6051773-3251) in advance of the meeting to make any necessary 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 of meeting schedules and the availability of agendas and minutes at 

MyLRC (http://legis.state.sd. us/mylrc/index .aspx ). 

2 
MEMO TO: 

FROM: 

SUBJECT: 

March 31, 20 11 

Secretary of State Jason M. Gant 

'J(t: Kyrik Romoough, Engineering Manager I 

Air Quality Program 

Final Rules of Amendments to ARSD 74:36- Air Pollution Control 

Program 

I have enclosed a packet pertaining to the final rules of the amendments to ARSD 74:36- Air 

Pollution Control: 

The enclosed packet contains the following documents: 

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

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

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

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

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

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

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 with the Secretary of State: 

a. The proposed amendments to article 74:36 by revising chapter 74:36:01- Definitions, 

74:36:09- Prevention of Significant Deterioration, 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 

Glenn 

JiLID~ Blumhardt ' 

ARTICLE 74:36 

AIR POLLUTION CONTROL PROGRAM 

Chapter 

74:36:01 Definitions. 

74:36:02 Ambient air quality. 

74:36:03 Air quality episodes. 

74:36:04 Operating permits for minor sources. 

74:36:05 Operating permits for Part 70 sources. 

74:36:06 Regulated air pollutant emissions. 

74:36:07 New source performance standards. 

74:36:08 National emission standards for hazardous air pollutants. 

74:36:09 Prevention of significant deterioration. 

74:36:10 New source review. 

74:36:11 Performance testing. 

74:36:12 Control ofvisible emissions. 

74:36:13 Continuous emission monitoring systems. 

74:36:14 Variances, Repealed. 

74:36:15 Open burning, Transferred or Repealed. 

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 City area. 

74:36:19 Mercury budget trading program, Repealed. 

74:36:20 Construction permits for new sources or modifications. 

CHAPTER 74:36:01 

DEFINITIONS 

Section 

74:36:01:01 Definitions. 

74:36:01:02 Repealed. 

74:36:01:03 Administrative permit amendment defined. 

74:36:01:04 Affected states defined. 

74:36:01:05 Applicable requirements of the Clean Air Act defined. 

74:36:01:06 Complete application defined. 

74:36:01:07 Repealed. 

74:36:01:08 Major source defined. 

7 4:3 6:01 :09 Categories of sources 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. 

2 
74:36:01:13 

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 weight rate defined. 

Repealed. 

Regulated air pollutant defined. 

Responsible official defined. 

Repealed. 

Municipal solid waste landfill defined. 

Existing municipal solid waste landfill defined. 

Physical change in or change in the method of operation defined. 

Commenced construction defined. 

74:36:01:01. Definitions. Unless otherwise specified, the terms used in this article mean: 

(1) "Act," chapter 34A-1 ofthe South Dakota Codified Laws; 

(2) "Acid rain permit," a legally binding written document or portion of a 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 of the 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 of the Clean 

Air Act; 

3 
~ 

(4) "Administrator," the administrator of the Environmental Protection Agency or the ( ,~~ 

secretary or their authorized representatives; 

(5) "Affected source," a source that includes one or more affected units under Title IV of 

the Clean Air Act; 

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or 

emission limits pursuant to Title IV of the Clean Air Act or chapter 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 emission rate calculated using the maximum rated capacity 

of a source unless the source is subject to federally enforceable limits which restrict operating 

rate, hours of operation, or both, and the most stringent of the following: 

(a) The applicable new source performance standards in chapter 74:36:07; 

(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 emission rate specified as a permit condition; or 

(e) The applicable standards in 40 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 

general public has access; 

(10) "ASTM," the American Society for Testing and Materials; 

( 11) "Board," the Board of Minerals and Environment; 

(12) "Btu," British thermal unit; 

(13) "CO," carbon monoxide; 

(14) "Chairman," chairman ofthe board; 

(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 or reduces 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 South Dakota Department of Environment 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 of and 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; 

6 
,~~ 

\, 

(24) "Emission unit," "Unit," any part or activity of a stationary source which emits or has 

the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the 

Clean Air Act; 

(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 that has an approved state-issued variance or permit; 

(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 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 if they belong to the same major group, i.e., have the same two-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 

7 
1, 2009), requirements within the state implementation plan, and permit requirements established 

pursuant to this article or 40 C.P.R. § 51 Subpart I (July 1, 2009). The use of this term does not 

impede the department's authority under state law to enforce these limits and conditions; 

(30) "Final permit" the version of an operating permit issued by the permitting authority 

for a source that has completed all required review procedures; 

(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components 

used in the process of burning fuel or other combustible material for the primary purposes of 

producing heat or power by indirect heat transfer; 

(32) "Fugitive emissions," those air pollutants which could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening; 

(33) "General permit," a permit 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 of all fuels whose products of combustion 

pass through a stack or stacks, using the heat input value of the equipment manufacturer's or 

designer's guaranteed maximum input, whichever is greater; 

(35) "Incinerator," a furnace used to bum solid waste to reduce the volume of the waste by 

removing its combustible material; 

8 
(36) "Malfunction," any sudden and unavoidable failure of air 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 within the control of the owner or operator of the 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 meet the definition of a 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) "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 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 of light and 

obscure the view of an object in the background; 

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 of a 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 of permits covering a Part 70 source 

that is issued, renewed, amended, or revised; 

(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 discrete particles, liquid droplets, or solids over a wide range of sizes; 

( 49) "Permit modification," a change to a source which operates under a minor source 

operating permit or Part 70 operating permit that meets the requirements of§ 74:36:01:1 0; 

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 of the foregoing; 

(52) "PMI 0," 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 of significant deterioration; 

(55) Repealed; 

(56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of 

product or material; 

11 
(57) "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative; 

(58) "Shutdown," the cessation of operation of any control equipment, process equipment, 

or process 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 of any 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 of national ambient air quality standards; 

(63) "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control; 

(64) "Title V," Title V of the Clean Air Act Amendments, 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 compliance with certain portions of the 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 through the thermal destruction of solid waste materials; 

(69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by an applicable reference or equivalent method; 

(70) "S02," sulfur dioxide; 

(71) "N02," nitrogen dioxide; and 

(72) "Construction permit," a written authorization issued by the board or the secretary for 

the construction and operation of a new source or modification 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, 201 0), 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 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 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. 

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management 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. 

74:36:01:08. Major source delmed. A major source is any source or any group of 

sources that is located on one or more contiguous or adjacent properties, that is under control of 

14 
,~ the same person or of persons under common control, that belongs to a single major industrial 

grouping, and that is any of the 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 of any 

hazardous air pollutant which has been listed pursuant to§ 112(b) of the Clean Air Act, 25 tpy or 

more of any combination of such hazardous air pollutants, or a lesser quantity established by rule 

by the administrator of the 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 such units or stations are major sources; or 

(2) A major source of air pollutants, as defined in § 302 of the 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 administrator of the EPA; or 

(3) A major source as defined in Part D ofTitle I of the Clean Air Act, including; 

(a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more 

per year of volatile organic compounds or oxides of nitrogen 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 

15 
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 of nitrogen oxides do not apply 

to any source for which the administrator of the EPA has made a finding, under § 182(f)(l) or (2) 

ofthe Clean Air Act, that the requirements of§ 182(f) ofthe Clean Air Act do not apply; 

(b) For ozone transport regions established pursuant to § 184 of the Clean Air Act, 

sources with the potential to emit 50 tons or more per year of volatile 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 of the EPA, sources with the potential to emit 50 tons or more per 

year of carbon monoxide; and 

(d) For particulate matter (PM10) nonattainment areas classified as "serious," sources 

with the potential to emit 70 tons or more per year ofPM10. 

A source or group of sources is considered as part of a single industrial grouping if all of 

the pollutant-emitting activities of the source or group of sources 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 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 

April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

Cross-Reference: Classification defined, Title I of the Clean Air Act. 

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-

1 00012. Cost: $31. 

74:36:01:15. Regulated air pollutant deimed. A regulated air pollutant is one of the 

following: 

(1) Nitrogen oxides or any volatile organic compounds; 

(2) Nitrogen dioxide, PMI 0, 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; 

17 
(3) Any pollutant that is addressed by any standard promulgated under§ 111 of the Clean 

Air Act; 

( 4) Any Class I or II substance subject to a standard promulgated under or established by 

Title VI of the Clean Air Act; ef 

(5) Any pollutant subject to a standard promulgated under § 112 of the 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) of the Clean Air 

Act. If the administrator of the EPA fails to promulgate a standard by 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) of the Clean Air Act have 

been met, but only for the individual source subject to§ 112(g)(2) requirement; or 

(6) Any of the 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. 

General Authority: SDCL 34A-1-6. 

18 

~· 

r 
Law Implemented: SDCL 34A-1-6. 

CHAPTER 74:36:09 

PREVENTION OF SIGNIFICANT DETERIORATION 

Section 

74:36:09:01 Applicability. 

74:36:09:01.01 Prevention of significant deterioration permit required. 

74:36:09:02 

74:36:09:03 

Prevention of significant deterioration. 

Public participation. 

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, 

the state's definitions and requirements for the prevention of significant 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) with the following differences: 

19 
(1) For the purposes of this 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 either the secretary or the administrator of EPA, as applicable; 

(b) In 40 C.P.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" 

means either the secretary or the administrator of EPA, 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 of EPA; 

(2) For the purposes of this section, the term "Act" means the Clean Air Act; 

(3) For the purposes of this section, in 40 C.P.R. § 52.21(c), the Class I areas in South 

Dakota are Wind Cave National Park and the Badlands National 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, if a 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) of this 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 not be limited to, any activity(s) that meets the requirements of the 

equipment replacement provisions contained in paragraph (cc) of this section"; 

(6) For the purposes of this section, 40 C.F.R. § 52.21(r)(6) is incorporated by reference 

excluding the phrase, "(other than projects at a Clean Unit or at a source with a PAL)"; 

(7) For the purposes of this section, 40 C.F.R. § 52.21(v)(l) is incorporated by reference 

excluding the phrase, "under 40 CFR 124.10"; and 

(8) For the purposes of this section, 40 C.F.R. § 52.21(w)(1) is incorporated by reference 

excluding the phrase, "expires under paragraph (s) of this 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 action the secretary takes on the application. 

If EPA 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 

21 
invalidating EPA's regulation of greenhouse gases for any reason, the regulation of greenhouse 

gases by Article 74:36 are void as of the date of such 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. 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:20 

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS 

Section 

74:36:20:01 Applicability. 

74:36:20:02 Construction permit required. 

74:36:20:02.01 Initiating construction prior to permit issuance. 

74:36:20:03 Construction permit exemption. 

74:36:20:04 Emission unit exemptions. 

22 
F' 74:36:20:05 

\ 

Standard for issuance of construction permit. 

74:36:20:06 Timely and complete application for a construction permit required. 

74:36:20:07 Required contents of complete application for a construction permit. 

74:36:20:08 Applicant required to supplement or correct application. 

74:36:20:09 Permit application-- Completeness review. 

74:36:20:10 Time period for department's recommendation. 

74:36:20:11 Public participation in permitting process. 

74:36:20:12 Public review of department's draft permit. 

74:36:20:13 Final permit decision-- Notice to interested persons. 

74:36:20:14 Right to petition for contested case hearing. 

74:36:20:15 Contents of construction permit. 

74:36:20:16 Administrative permit amendment. 

74:36:20:17 Procedures for administrative permit amendments. 

74:36:20:18 Reopening construction permit for cause. 

74:36:20:19 Procedures to reopen construction permit. 

74:36:20:20 Construction permit does not exempt from other requirements. 

74:36:20:21 Expiration of a construction permit. 

74:36:20:22 Notice of constructing or operating noncompliance-- Contents. 

74:36:20:23 Petition for contested case or alleged violation. 

74:36:20:24 Circumvention of emissions not allowed. 

23 
74:36:20:02. 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 SDR 207, 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 

of a new source or modification 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 of its 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 74:36:1 0; 

(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 may emit any air pollutant prior to receiving a construction permit; 

(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 of an existing source that may be imposed in the issued construction permit. 

25 
Source: 

General Authority: SDCL 34A-1-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

26 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

CERTIFICATE 

I, Richard C. Sweetman, hereby certify that I am a duly appointed member and the duly 

elected chair of the Board of Minerals and Environment and that the attached instruments are 

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

Environment on February 17, 2011: 

a. The proposed amendments to article 74:36 by revising chapter 74:36:01- Definitions, 

74:36:09- Prevention of Significant 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 of these rules. 

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

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, Notary Public 

Commillion uprtl My0ctober26, 2016 

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

Board of Minerals and Environment 

SECRETARY OF STATE 
------------------------------------------
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

CERTIFICATE 

I, Richard C. Sweetman, hereby certify that I am a duly appointed member and the duly 

elected chair of the Board of Minerals and Environment and that the attached instruments are 

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

Environment on February 17, 2011: 

a. The proposed amendments to article 74:36 by revising chapter 74:36:01 -Definitions, 

74:36:09- Prevention of Significant 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 of these rules. 

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

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, Notory Public 

Commillion &pil'll My Odober26, 2016 

/liY~ · 1c ar . weetman, mrman, 

Board of Minerals and Environment 

Chapter 

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 

AIR POLLUTION CONTROL PROGRAM 

Definitions. 

Ambient air quality. 

Air quality episodes. 

Operating permits for minor sources. 

Operating permits for Part 70 sources. 

Regulated air pollutant emissions. 

New source performance standards. 

National emission standards for hazardous air pollutants. 

Prevention of significant deterioration. 

New source review. 

Performance testing. 

Control of visible emissions. 

Continuous emission monitoring systems. 

Variances, Repealed. 

Open burning, Transferred or Repealed. 

Acid rain program. 

Rapid City street sanding and deicing. 

Regulations for state facilities in the Rapid City area. 

Mercury budget trading program, Repealed. 

Construction permits for new sources or modifications. 

Regional haze program. 

Definitions. 

Repealed. 

CHAPTER 74:36:01 

DEFINITIONS 

Administrative permit amendment defined. 

Affected states defined. 

Applicable requirements of the Clean Air Act defined. 

Complete application defined. 

Repealed. 

Major source defined. 

Categories of sources 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 

7 4:36:01 :21 

Repealed. 

Regulated air pollutant defined. 

Responsible official defined. 

Repealed. 

Municipal solid waste landfill defined. 

Existing municipal solid waste landfill defined. 

Physical change in or change in the method of operation defined. 

Commenced construction defined. 

74:36:01:01. Definitions. Unless otherwise specified, the terms used in this article mean: 

(1) "Act," chapter 34A-1 of the South Dakota Codified Laws; 

(2) "Acid rain permit," a legally binding written document or portion of a 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 of the 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 of the Clean Air Act; 

(4) "Administrator," the administrator of the Environmental Protection Agency or the 

secretary or their authorized representatives; 

(5) "Affected source," a source that includes one or more affected units under Title IV of the 

Clean Air Act; 

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or 

emission limits pursuant to Title IV ofthe Clean Air Act or chapter 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 

of a source unless the source is subject to federally enforceable limits which restrict operating rate, 

hours of operation, or both, and the most stringent of the following: 

(a) The applicable new source performance standards in chapter 74:36:07; 

(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 emission rate specified as a permit condition; or 

(e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July 1, 2009); 

(9) "Ambient air," that portion of the atmosphere external to buildings to which the general 

public has access; 

(10) "ASTM," the American Society for Testing and Materials; 
( 11) "Board," the Board of Minerals and Environment; 

(12) "Btu," British thermal unit; 

(13) "CO," carbon monoxide; 

(14) "Chairman," chairman ofthe board; 

(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 or reduces 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 of Environment 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 of and 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 of a stationary source which emits or has 

the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the 

Clean Air Act; 

(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 that has an approved state-issued variance or permit; 

(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 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 if they 

belong to the same major group, i.e., have the same two-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 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 of this term does not 

impede the department's authority under state law to enforce these limits and conditions; 

(30) "Final permit" the version of an operating permit issued by the permitting authority for 

a source that has completed all required review procedures; 

(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components used 

in the process of burning fuel or other combustible material for the primary purposes of producing 

heat or power by indirect heat transfer; 

(32) "Fugitive emissions," those air pollutants which could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening; 

(33) "General permit," a permit 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 of all fuels whose products of combustion pass 

through a stack or stacks, using the heat input value of the 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 of the waste by 

removing its combustible material; 

(36) "Malfunction," any sudden and unavoidable failure of air 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 within the control of the owner or operator of the source; 

(37) "Minor source," a source whose potential emissions of a criteria pollutant are less than 

100 tons a year and which does not meet the definition of a 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 of light and obscure 

the view of an 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 of a 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 of permits covering a Part 70 source 

that is issued, renewed, amended, or revised; 

(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 discrete particles, liquid droplets, or solids over a wide range of sizes; 

( 49) "Permit modification," a change to a source which operates under a minor source 

operating permit or Part 70 operating permit that meets the requirements of§ 74:36:01:1 0; 

(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 of the 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 of significant 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 of the South Dakota Department of Environment and Natural 

Resources or an authorized representative; 

(58) "Shutdown," the cessation of operation of any control equipment, process equipment, 

or process 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 of any 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 of national ambient air quality standards; 

(63) "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control; 

(64) "Title V," Title V of the Clean Air Act Amendments, permits; 

( 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 compliance with certain portions of the 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 through the thermal destruction of solid 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 of a new source or modification to 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 of Management 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 if it accomplishes one ofthe following: 

( 1) Corrects typographical errors; 

(2) Changes the name, address, or phone number of any person identified in the permit or 

provides a similar minor administrative change at the source; 

(3) Requires more frequent monitoring or reporting by the permittee; 
(4) Allows for a change in ownership or operational control of a source if the department 

determines that no other change in the permit is necessary and a written agreement containing a 

specific date for transfer of permit responsibility, coverage, and liability between the current and 

new permittee has been submitted to the department. If the 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 of the EPA and the secretary determines to be 

similar to the requirements in subdivisions ( 1) to ( 4 ), inclusive, of this section. 

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April4, 1999. 

General Authority: 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:05. Applicable requirements of the Clean Air Act defined. Applicable 

requirements of the Clean Air Act include all of the following as they apply to emissions units in a 

Part 70 source, unless the context of the Clean Air Act requires 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 of the Clean Air Act, including any revisions to that plan 

promulgated in Part 52 of 40 C.F.R. (July 1, 2009); 

(2) Any term or condition of any preconstruction permits issued pursuant to regulations 

approved through rulemaking under Title I, including Parts C or D, of the Clean Air Act; 

(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 accident prevention under § 112(r)(7) of the Clean Air Act; 

(5) Any standard or other requirement of the acid rain program under Title IV of the Clean 

Air Act or the regulations promulgated under it; 

(6) Any monitoring, reporting, and certification requirements established pursuant to 

§ 504(b) or 114(a)(3) ofthe Clean Air Act; 
(7) Any standard or other requirement governing solid waste incineration, under § 129 of the 

Clean Air Act; 

(8) Any standard or other requirement for consumer and commercial products, under 

§ 183(e) ofthe Clean Air Act; 

(9) Any standard or other requirement for tank vessels, under § 183(±) ofthe Clean Air Act; 

( 1 0) Any standard or other requirement of the program to control air pollution from outer 

continental shelf sources, under§ 328 of the Clean Air Act; 

( 11) Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Clean Air Act, unless the administrator of the EPA has 

determined that such requirements need not be contained in a Part 70 operating permit; and 

(12) Any national ambient air quality standard or increment or visibility requirement under 

Part C of Title I of the 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. Major modification 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 of sources 

that is located on one or more contiguous or adjacent properties, that is under control of the same 

person or of persons under common control, that belongs to a single major industrial grouping, and 

that is any of the 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 of any hazardous air pollutant 

which has been listed pursuant to § 112(b) of the Clean Air Act, 25 tpy or more of any combination 

of such hazardous air pollutants, or a lesser quantity established by rule by the administrator of the 

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 such units or stations are major sources; or 

(2) A major source of air pollutants, as defined in § 302 of the 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 administrator of the EPA; or 

(3) A major source as defined in Part D of Title I of the Clean Air Act, including; 

(a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more 

per year of volatile organic compounds or oxides of nitrogen 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 of nitrogen oxides do not apply 

to any source for which the administrator of the EPA has made a finding, under§ 182(f)(1) or (2) 

of the Clean Air Act, that the requirements of§ 182(f) of the Clean Air Act do not apply; 

(b) For ozone transport regions established pursuant to § 184 of the Clean Air Act, 

sources with the potential to emit 50 tons or more per year of volatile 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 of the EPA, sources with the potential to emit 50 tons or more per year of carbon 

monoxide; and 

(d) For particulate matter (PMIO) nonattainment areas classified as "serious," sources 

with the potential to emit 70 tons or more per year ofPM10. 

A source or group of sources is considered as part of a single industrial grouping if all of the 

pollutant-emitting activities o"f the source or group of sources 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 of the Clean Air Act. 

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management 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 of sources defined. The fugitive emissions of a source shall not be 

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 of the following categories of sources: 

( 1) Coal cleaning plants with thermal dryers; 

(2) Kraft pulp mills; 

(3) Portland cement plants; 

( 4) Primary zinc smelters; 

(5) Iron and steel mills; 

(6) Primary aluminum ore reduction plants; 

(7) Primary copper smelters; 

(8) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

(9) Hydrofluoric, sulfuric, or nitric acid plants; 

(1 0) Petroleum refineries; 

(11) Lime plants; 

(12) Phosphate rock processing plants; 

(13) Coke oven batteries; 

(14) Sulfur recovery plants; 

(15) Carbon black plants (furnace process); 

(16) Primary lead smelters; 

(17) Fuel conversion plants; 

(18) Sintering plants; 

(19) Secondary metal production plants; 

(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 processing plants; 

(24) Glass fiber processing plants; 

(25) Charcoal production plants; 

(26) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per 

hour heat input; and 

(27) Any other source category, which as of August 7, 1980, is regulated under§ 111 or 112 

of the Clean Air Act but only for those air pollutants that have been regulated 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 of operation of a source that results in at least one of the following: 

( 1) An increase in the amount of an air pollutant emitted by that source or in the emission of 

an air pollutant not previously emitted; 

(2) A significant change to existing monitoring, reporting, or record 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 of Title I, or an alternative emissions limit approved pursuant to 

regulations promulgated under§ 112(i)(5) of the Clean Air Act. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01(18), 7 SDR 4, 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. 

General Authority: 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 of air quality that are necessary, with a margin of safety, 

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 of a pollutant. 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 of a source to emit a pollutant under its physical or operational design. 

Any physical or operational limitation on the capacity of a source to emit a pollutant, including air 

pollution control equipment and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of its design if the 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:13. Process weight rate defined. Process weight per hour is the total weight of all 

raw materials and other materials introduced into any specific process that may cause an emission 

of a regulated pollutant. Solid fuels charged are considered as part of the process weight, but liquid 

and gaseous fuels and combustion air are not. 

The process weight rate for continuous or long-run steady-state operations is the total process 

weight for the entire period of continuous operation or for a typical portion divided by the number 

of hours of the period or portion. 

The process weight rate for cyclical or batch operation is the total process weight for a period 

that covers a complete operation or an integral number of cycles divided by the hours of actual 

process operation during such a period. 

If the nature of a process or operation or the design of equipment permits more than one 

interpretation of data, 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 SDR 4, 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:14. Reconstruction of sources 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 of the Clean 

Air Act; 

(4) Any Class I or II substance subject to a standard promulgated under or established by 

Title VI of the Clean Air Act; 

(5) Any pollutant subject to a standard promulgated under § 112 of the 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) of the Clean Air Act. 

If the administrator of the EPA fails to promulgate a standard by 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) of the Clean Air Act have 

been met, but only for the individual source subject to § 112(g)(2) requirement; or 

( 6) Any of the 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 of the 

following: 

(1) For a corporation, a president, secretary, treasurer, or vice-president of the 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 of such person if 

the representative is responsible for the overall operation of one or more manufacturing, 

production, or operating facilities applying for or subject to 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 a partnership or sole proprietorship, a general partner or the proprietor, respectively; 

(3) For a municipal, state, federal, or other public agency, either a principal executive officer 

or ranking elected official. For the purposes of this subdivision, a principal executive officer of a