October 10,2012 

James B. Martin 

Regional Administrator 

US EPA Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Dear Mr. Martin: 

'y--f' -Xc /!(' i\ 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

8- f 

PIERRE, SOUTH DAKOTA 57501-3182 

denr.sd.gov 

Governor Daugaard delegated the authority to submit the state implementation plan documents for 

South Dakota to the Secretary ofthe Department of Environment and Natural Resources (DENR). In 

that capacity, I am submitting the enclosed demonstration certifying South Dakota adopted the necessary 

rules and can show the state is meeting all the Clean Air Act requirements in sections 11 0( a)(l) and (2) 

for the revised 2008 Lead standard. 

The certification demonstration was placed on the DENR's website for public comments or request for a 

public hearing on August 30, 2012. No comments on the certification demonstration or request for a 

public hearing were received by the end of the comment period September 30, 2012. The enclosed 

document and attachments will provide further information concerning the state laws and regulations 

adopted by the state through the public notice and hearing process. 

DENR has and will continue to provide adequate resources to implement the Air Pollution Control state 

implementation plan in South Dakota. Thank you for your assistance in completing this process and we 

look forward to your approval of the state implementation plan. If you have questions on this report, 

please contact Brian Gustafson at 605-773-3151 for more information. 

~-·- Steven M. Pirner 

Secretary 

Enclosure 

cc: Kathy Ayala, EPA Region 8 

RECEIVED 

U.S. EPA Region 8 

RA'sOfflce 

OCT 15 2012 
CERTIFICATION OF THE 2008 LEAD INFRASTURCTURE STATE 

IMPLEMENTATION PLAN 

August 30,2012 

Each time EPA revises or adds a new National Ambient Air Quality Standards the state must 

review the current regulations and make the necessary changes to keep the state's air pollution 

control program regulations comparable to the EPA standards and regulations. 

The South Dakota Department of Environment and Natural Resources (DENR) completed a 

review of the laws and regulations for the Air Pollution Control Program as it relates to the 

implementation, maintenance, and enforcement of the 2008 revised Lead National Ambient Air 

Quality Standard. The review finds that all the necessary changes to the regulations have been 

completed and no state laws will need to be changed to implement the 2008 revised Lead 

standard. DENR certifies that South Dakota is implementing the 2008 revised Lead standard and 

is meeting all the requirements in II O(a)(l) and II O(a)(2) of the Clean Air Act. 

All regulation changes went through the public notice procedures, board approval and were 

adopted into state regulations. The following information describes the regulations and how 

DENR is implementing the air quality program. 
State of South Dakota 

Infrastructure State Implementation Plan for 

2008 Lead National Ambient Air Quality Standard 

1.0 Introduction 

On October 14, 2011, EPA issued guidance to states for preparation of a state implementation 

plan that satisfy the Clean Air Act sections 11 O(a)(l) and (2) requirements for the revisions in 

2008 to the National Ambient Air Quality Standard for lead. The information included in this 

document will certify South Dakota is meeting the requirements in section llO(a)(l) and (2) of 

the Clean Air Act. Attachment 1 provides a list of each section in the Administrative Rules of 

South Dakota (ARSD) Article 74:36 (Air Pollution Control Program), the effective date of each 

section, and EPA's last approval of each section. 

2.0 Section llO(a)(l) 

Requirement Summary 

"Each State shall, after reasonable notice and public hearing, adopt and submit to the 

Administrator, {. .. }a plan which provides for implementation, maintenance, and enforcement of 

such primary standard in each air quality control region (or portion thereof) with such State. " 

South Dakota's Infrastructure 

As required by Section 11 O(a)(l) of the Clean Air Act, after reasonable notice for public 

comment, proposed rule changes are presented to the Board of Minerals and Environment during 

a public hearing. The approved rules by the Board are then submitted to the State's Interim Rules 

Committee for approval. Once approved by the Committee, the rules are presented to the 

Secretary of State and are final. .. Once the rules are final, DENR submits changes to the State 

Implementation Plan to EPA with the documentation necessary to demonstrate the changes were 

approved in accordance with state procedures. 

Currently, DENR has submitted the following SIP changes to EPA related to the new lead 

standard: 

1. June 14,2010- Submitted revisions to South Dakota's State Implementation Plan which 

includes an air quality construction permit program and revisions to the rules which adopt 

40 Code of Federal Regulations in Parts 1 to 99 as published on July 1, 2009. These rule 

changes adopted the new federal National Ambient Air Quality Standards for lead 

(waiting for EPA's approval); 

2. January 21,2011- Submitted South Dakota's Regional Haze Program (waiting for 

EPA's approval); 

3. September 19,2011- Submitted revisions to South Dakota's Regional Haze Program 

(waiting on EPA's approval); and 

2 
4. June 20, 2011- Submitted rules that adopted EPA's greenhouse tailoring rule and 

revisions to the construction permit program (waiting for EPA's approval). 

3.0 Section 110(a)(2) 

3.1 Section 110(a)(2)(A1- Emission limits and other control measures 

Requirement Summary 

"Each such plan shall[. .. } include enforceable emission limitations and other control measures, 

means, or techniques (including economic incentives such as fees, marketable permits, and 

auctions of emissions rights), as well as schedules and timetables for compliance, as may be 

necessary or appropriate to meet the applicable requirements of this chapter;" 

South Dakota's Infrastructure 

South Dakota is currently attaining the previous and 2008 revised National Ambient Air Quality 

Standards for lead throughout the state. Therefore, South Dakota has not been required to adopt 

specific rules limiting lead emissions from businesses in South Dakota. South Dakota relies on 

its existing Administrative Rules of South Dakota (ARSD) identified below in implementing, 

maintaining, and enforcing the 2008 revised National Ambient Air Quality Standards for lead in 

South Dakota: 

1. ARSD Chapter 74:36:04 (Operating permits for minor sources); 

2. ARSD Chapter 74:36:05 (Operating permits for Part 70 sources); 

3. ARSD Chapter 74:36:06 (Regulated air pollutant emissions); 

4. ARSD Chapter 74:36:07 (New source performance standards); 

5. ARSD Chapter 74:36:08 (National emission standards for hazardous air pollutants); 

6. ARSD Chapter 74:36:09 (Prevention of significant deterioration); 

7. ARSD Chapter 74:36:17 (Rapid City street sanding and deicing); 

8. ARSD Chapter 74:36:18 (Regulations for state facilities in the Rapid City area); 

9. ARSD Chapter 74:36:20 (Construction permits for new sources and modifications); and 

10. ARSD Chapter 74:36:21 (Regional haze program). 

South Dakota's authority to promulgate these rules is contained in South Dakota Codified Laws 

(SDCL) Sections 34A-I-l, 34A-I-6, 34A-I-18, 34A-1-19, and 34A-1-21. 

3.2 Section 110(a)(2)(B)- Ambient air quality monitoring/data system 

Requirement Summary 

"Each such plan shall[. .. ] provide for establishment and operation of appropriate devices, 

methods, systems, and procedures necessary to monitor, compile, and analyze data on ambient 

air quality, and upon request, make such data available to the Administrator;" 

3 
South Dakota's Infrastructure 

ARSD Chapter 74:36:02 defines the goals, national ambient air quality standards, air monitoring 

methods and monitoring requirements provide for establishment and operation of ambient air 

quality monitors, collecting and analyzing ambient air quality data and making this data available 

to EPA. Under these rules, DENR operates a network of air monitoring sites. Authority used to 

promulgate these rules is contained in SDCL 34A-1-6 and 34A-1-15. 

The need for additional air monitoring sites to test for lead levels are assessed each year as part 

of South Dakota's Annual Network Plan as required in 40 Code of Federal Regulations (CFR) 

section 58.1 0. The public is provided a 30 day period to comment on the proposed changes to 

South Dakota's ambient monitoring network in the Annual Network Plan before it is finalized 

and submitted to EPA for approval. The Annual Network Plan is available on DENR's website 

at: 

http:/ I dcnr. sd. gov I des/ aq/monitorin g/ state-mo .as px 

The ambient data, compared to the National Ambient Air Quality Standards in South Dakota, are 

collected using EPA's designated federal reference method monitors as specified in 40 CFR Part 

50 or federal equivalent method monitors as specified in 40 CFR Part 53. DENR submits the 

ambient data to EPA's Air Quality System (AQS) database as required by 40 CFR Part 58. 

The lead monitoring rule requires source-oriented monitoring and monitoring in large urban 

areas. In 2010, EPA completed a rule change that requires source type testing in addition to 

network testing if a source has emissions of 0.5 ton or greater per year. The final rule required 

testing at National Core Sites only if the site is located in a city with 500,000 and greater 

population. 

As indicated in South Dakota's Annual Network Plan for 20 II, there are no facilities in South 

Dakota with lead emissions at or greater than 0.5 ton per year. South Dakota's National Core 

site is located in Sioux Falls and the city has a population under 500,000. Therefore, sourceoriented monitoring and ambient monitoring for lead in South Dakota is not required. South 

Dakota will continue to evaluate the need for ambient monitoring for lead in its Annual Network 

Plan. 

3.3 Section 110(a)(2)(C)- Programs for enforcement, PSD, and NSR 

Requirement Summary 

"Each such plan shall[. . .] include a program to provide for the enforcement of the measures 

described in subparagraph (A) and regulation of the modification and construction of any 

stationary source within the areas covered by the plan as necessary to assure that national 

ambient air quality standards are achieved, including a permit program as required in parts C 

and D;" 

4 
South Dakota's Infrastructure 

SDCL 34A-1-39 through 34A-1-54 and 34A-1-62 gives DENR the authority to provide 

enforcement of all South Dakota state implementation plan measures and the regulations that 

require new sources or modifications to existing sources to apply for and obtain an air quality 

permit before constructing. DENR reviews the application and ensures the new source or 

modification to an existing source will not cause an exceedance of a National Ambient Air 

Quality Standard before the air quality permit is issued. The air quality permit programs are 

identified below: 

1. ARSD Chapter 74:36:09 (Prevention of significant deterioration); and 

2. ARSD Chapter 74:36:20 (Construction permits for new sources and modifications). 

3.4 Section 110(a)(2)(D)(i)- Interstate transport provisions 

Requirement Summary 

"Each such plan shall[. . .} contain adequate provisions: prohibiting, consistent with the 

provisions of this subchapter, any source or other type of emissions activity within the 

State from emitting any air pollutant in amounts which will--

(!) contribute significantly to nonattainment in, or interfere with maintenance by, any 

other State with respect to any such national primary or secondary ambient air 

quality standard, or 

(II) interfere with measures required to be included in the applicable implementation plan 

for any other State under part C of this subchapter to prevent significant deterioration of air 

quality or to protect visibility, " 

South Dakota's Infrastructure 

As stated earlier, South Dakota is attaining the 2008 revised National Ambient Air Quality 

Standard for lead and does not have any facilities with lead emissions greater than or equal to 0.5 

tons per year. Otter Tail Power Company's Big Stone I power plant emits the greatest lead 

emission in South Dakota at approximately 62 pounds of lead per year or 0.03 tons per year. Big 

Stone I is located about 2.8 miles from the Minnesota border. Based on the distance from the 

Minnesota border and the quantity of lead emissions from Big Stone I, South Dakota does not 

believe it is contributing or interfering with the maintenance of the lead standard in Minnesota. 

In addition, South Dakota does not have any facilities that emit greater than or equal to 0.5 tons 

per year near its borders with the state of Iowa, Nebraska, Wyoming, Montana and North Dakota 

and these states are also attaining the 2008 lead standard. See Attachment 2 for a map of the lead 

nonattainment areas in the nation. Therefore, South Dakota does not believe it is contributing or 

interfering with the maintenance of the lead standard in those states. 

South Dakota has a fully SIP approved PSD program and has successfully implemented this 

program for many years. After a 30 day public comment period, a public hearing on February 17, 

5 
2011, and Interim Rules Committee review on March 29, 2011, the federal Tailoring Rule 

provisions that were promulgated by EPA on June, 3, 2010 were incorporated in South Dakota's 

Prevention of Significant Deterioration program in ARSD Chapter 74:36:09. The change became 

effective on April 20, 2011. The Tailoring Rule changes were submitted to EPA for approval on 

June 20, 2011 and EPA has not yet acted on this submittal. 

South Dakota concludes its PSD program ensures South Dakota will be able to regulate any new 

major source or major modification of lead emissions to prevent it from causing a nonattainment 

area in another state or interfere with the maintenance of the lead standard and visibility in those 

states. 

3.5 Section 110(a)(2)(D)(ii)- Interstate and international transport provisions 

Requirement Summary 

"Each such plan shall[ ... ] insuring compliance with the applicable requirements of sections 

126 and 115 (relating to interstate and international pollution abatement);" 

South Dakota's Infrastructure 

South Dakota has a fully SIP approved PSD program which requires major new sources or major 

modification of an existing source of air pollution to provide written notification to all nearby 

states of the potential impacts from the source. This satisfies section 126(a) ofthe Clean Air Act. 

EPA has not identified any lead sources in South Dakota that endanger public health or the 

welfare of a foreign country or another state. Therefore, South Dakota is not subject to Section 

115, 126(b), or 126(c) ofthe Clean Air Act. 

3.6 Section 110(a)(2)(E)(i)- Adequate personnel, funding, and authority 

Requirement Summary 

"Each such plan shall[. . .] provide: 

(i) necessary assurances that the State (or, except where the Administrator deems 

inappropriate, the general purpose local government or governments, or a regional 

agency designated by the state or general purpose local governments for such purpose) 

will have adequate personnel, funding, and authority under state (and, as appropriate, 

local) law to carry out such implementation plan (and is not prohibited by any provision 

of federal or state law from carrying out such implementation plan or portion thereof), " 

South Dakota's Infrastructure 

SDCL section 34A-1-4, 34A-1-7 through 34A-1-10 provides DENR with adequate personnel to 

carry out South Dakota's SIP and related issues. SDCL section 34A-1-57 through 34A-1-60, 

DENR' s agreement with EPA for 103 and 105 grants, and associated matching state funds 

provides DENR with the funding necessary to carry out South Dakota's SIP and related issues. 

6 
SDCL Chapter 34A-l provides DENR with the legal authority to carry out South Dakota's SIP 

and related issues. 

3.7 Section 110(a)(2)(E)(ii)- Comply with the requirements respecting state boards 

Requirement Summary 

"Each such plan shall[. . .} provide: 

(ii) requirements that the State comply with the requirements respecting State boards under 

section 128 of this title," 

South Dakota's Infrastructure 

SDCL section 1-40-25 (Board of Minerals and Environment-Composition-Appointment and 

terms) and 1-40-25 .I (Board of Minerals and Environment composed in conformance with Clean 

Air Act) specifies that the board's composition must comply with the requirements of section 

128 of the Clean Air Act for all permits and enforcement orders initiated under SDCL 34A-l. 

3.8 Section 110(a)(2)(E)(iii)- State responsibility for ensuring adequate implementation 

Requirement Summary 

"Each such plan shall[. . .} provide: 

(iii)necessary assurances that, where the State has relied on a local or regional government, 

agency, or instrumentality for the implementation of any plan provision, the State has 

responsibility for ensuring adequate implementation of such plan provision; 

South Dakota's Infrastructure 

The authority in SDCL section 34A-l-36 (Municipal and county programs approved by board) 

and 34A-l-37 (Municipal and county cooperation with other agencies) provide for the authority 

of the board to allow a municipal or county government to implement portions or the entire air 

pollution control program in its respective municipality or county. The authority in SDCL 

section 34A-l-38 (Control of air contaminant sources beyond capability of local authority) 

provides that if the board finds that any part of the local program is beyond the reasonable 

capability of implementing the air pollution control program, the department may assume and 

retain jurisdiction of the air pollution control program. 

3.9 Section 110(a)(2)(F)- Stationary source monitoring and reporting 

Requirement Summary 

"Each such plan shall[. . .} require, as may be prescribed by the Administrator-

(i) the installation, maintenance, and replacement of equipment, and the implementation of 

other necessary steps, by owners or operators of stationary sources to monitor emissions 

from such sources, 

7 
(ii) periodic reports on the nature and amounts of emissions and emissions-related data from 

such sources, and 

(iii)correlation of such reports by the State agency with any emission limitations or 

standards established pursuant to this Act, which reports shall be available at reasonable 

times for public inspection; " 

South Dakota's Infrastructure 

The following rules require sources to monitor and periodically report to ensure compliance with 

its air quality permit: 

1. ARSD section 74:36:04:15(10); 

2. ARSD section 74:36:05:16.01(9); 

3. ARSD Chapter 74:36:09 (Prevention of significant deterioration program); 

4. ARSD Chapter 74:36:11 (Performance testing); 

5. ARSD Chapter 74:36:13 (Continuous emission monitoring systems); and 

6. ARSD Chapter 74:36:20(1 0). 

In addition, ARSD Chapter 74:36:07 (New Source Performance Standards) and 74:36:08 

(National Emission Standards for Hazardous Air Pollutants) identify monitoring and periodic 

reporting requirements for sources applicable to these standards. 

3.10 Section 110(a)(2)(G)- Emergency episodes 

Requirement Summary 

"Each such plan shall[. .. ] provide for authority comparable to that in section 303 of this title 

and adequate contingency plans to implement such authority; " 

South Dakota's Infrastructure 

SDCL section 34A-1-45 (Emergency order for immediate reduction or discontinuance of 

emissions) is comparable to Section 303 ofthe Clean Air Act and provides that "if the Secretary 

of the Department of Environment and Natural Resources finds that any person is causing or 

contributing to air pollution and that such pollution creates an emergency by causing imminent 

danger to human health or safety and requires immediate action to protect human health or 

safety, the Secretary shall order such person or persons to reduce or discontinue immediately the 

emissions of air contaminants. " 

ARSD section 74:36:03:01 (Air pollution emergency episode) provides the basis for the 

Secretary to take action to prevent air pollutant concentrations from reaching levels which could 

endanger the public health or to abate such concentrations should they occur. The Secretary may 

proclaim an air pollution emergency episode and its extent on the criteria specified in 40 CFR § 

51.151 and Appendix L to Part 51. 

8 
3.11 Section 110(a)(2)(H)- Future SIP Revisions 

Requirement Summary 

"Each such plan shall[. . .] provide for revision of such plan-

(i) from time to time as may be necessary to take account of revisions of such national 

primary or secondary ambient air quality standard or the availability of improved or more 

expeditious methods of attaining such standard, and 

(ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of 

information available to the Administrator that the plan is substantially inadequate to attain 

the national ambient air quality standard which it implements, or to otherwise comply with 

any additional requirements established under this chapter;" 

South Dakota's Infrastructure 

SDCL section 34A-l-6 provides the South Dakota Department of Environment and Natural 

Resources with the authority to revise South Dakota's SIP in response to changes to the federal 

National Ambient Air Quality Standards, availability of improved methods for attaining the 

federal standards, or in response to an EPA finding that South Dakota's SIP is substantially 

inadequate. 

3.12 Section 110(a)(2)(I)- Plans for nonattainment areas 

Requirement Summary 

"Each such plan shall[. . .] in the case of a plan or plan revision for an area designated as a 

nonattainment area, meet the applicable requirements of part D of this subchapter (relating to 

nonattainment areas);" 

South Dakota's Infrastructure 

South Dakota is in attainment for all National Ambient Air Quality Standards. Therefore, this 

section is not applicable. 

3.13 Section 110(a)(2)(J)- Consultation with government officials 

Requirement Summary 

"Each such plan shall[. . .] meet the applicable requirements of section 121 of this title (relating 

to consultation), section 12 7 of this title (relating to public notification), and part C of this 

subchapter (relating to prevention of significant deterioration of air quality and visibility 

protection); " 

9 
South Dakota's Infrastructure 

SDCL section 34A-1-1 and 34A-1-1 0 provides the South Dakota Department of Environment 

and Natural Resources with the authority to meet the applicable requirements of section 121 of 

the Clean Air Act. SDCL section 34A-l-1 0 requires the department to advise, consult, and 

cooperate with agencies of the state, local governments, industries, other states, interstate or 

interlocal agencies, and the federal government, and with interested persons or groups. 

SDCL section 1-40-31 provides full public inspection and disclosure of all nonconfidential 

public records relating to the Department of Environment and Natural Resources and those 

activities within its jurisdiction. SDCL section 34A-l-9 provides the department with the 

authority to collect and disseminate information to the public. The department implements this 

by notifying the public of any concentrations that exceed the National Ambient Air Quality 

Standards through the department's website that contains the daily concentrations updated hourly 

from 11 sites covering 33 parameters from continuous analyzers and monitors located throughout 

the state. The following is the department's website location: 

http:/ I denr.sd. gov /des/aq/aarealtime.aspx 

Three ofthese sites also report hourly ozone and PM2.s levels to the AirNow EPA website which 

we have a linked to our department database. Through both the department's website and the 

AirNow website the public is notified of high concentration periods and what actions to take to 

reduce health impacts. 

ARSD Chapter 74:36:09 (Prevention of significant deterioration) adopts by reference federal 

regulations under 40 CFR Part 51 and 52 and provides DENR with regulations necessary to meet 

the applicable requirements of part C ofthe federal Clean Air Act related to prevention of 

significant deterioration and visibility protection. 

3.14 Section 110(a)(2)(K)- Air quality modeling/data 

Requirement Summary 

"Each such plan shall[. .. ] provide for: 

(i) the performance of such air quality modeling as the Administrator may prescribe for the 

purpose of predicting the effect on ambient air quality of any emissions of any air pollutant 

for which the Administrator has established a national ambient air quality standard, and 

(ii) the submission, upon request, of data related to such air quality modeling to the 

Administrator; " 

South Dakota's Infrastructure 

ARSD Chapter 74:36:09 (Prevention of significant deterioration) and 74:36:20 (Construction 

permits for new sources and modifications) provide the South Dakota Department of 

Environment and Natural Resources with the ability to perform air quality modeling for 

predicting the new source or modification to an existing source impacts on the ambient air 

10 
quality to ensure the National Ambient Air Quality Standard will not be exceeded. As stated 

earlier, SDCL section 34A-1-1, 34A-1-10, and 1-40-31 provides the department with the 

authority to advice, consult, and cooperate with EPA and provide EPA with public records such 

as air quality modeling. 

3.15 Section 110(a)(2)(L)- Permitting fees 

Requirement Summary 

"Each such plan shall[. . .] require the owner or operator of each major stationary source to 

pay to the permitting authority, as a condition of any permit required under this Act, a fee 

sufficient to cover-

(i) the reasonable costs of reviewing and acting upon any application for such a permit, and 

(ii) if the owner or operator receives a permit for such source, the reasonable costs of 

implementing and enforcing the terms and conditions of any such permit (not including any 

court costs or other costs associated with any enforcement action), until such fee requirement 

is superseded with respect to such sources by the Administrator's approval of a fee program 

under title V; 

South Dakota's Infrastructure 

DENR has an EPA approved Title V air quality operating permit program that requires major 

stationary sources to pay permitting fees (ARSD 74:37:01- Air Emission Fees) to cover the cost 

of reviewing, approving, implementing and enforcing the Title V air quality operating permit. 

Therefore, Section II O(a)(2)(L), is not applicable. 

3.16 Section 110(a)(2)(M)- Consultation/participation by affected local entities 

Requirement Summary 

"Each such plan shall[ .. .] provide for consultation and participation by local political 

subdivisions affected by the plan. 

South Dakota's Infrastructure 

SDCL section 34A-1-1 and 34A-1-1 0 provide the South Dakota Department of Environment and 

Natural Resources with the authority to advise, consult, and cooperate with agencies of the state, 

local governments, industries, other states, interstate or interlocal agencies, and the federal 

government, and with interested persons or groups. 

II 
State 

Citation 

74:36:0I :OI 

74:36:01:03 

74:36:0I :04 

74:36:0I :05 

74:36:0I :06 

74:36:0I :08 

74:36:0I :09 

74:36:0I:IO 

74:36:0I:II 

74:36:0I:I2 

74:36:0I:l3 

74:36:0I:I5 

74:36:0I:I6 

74:36:0l:I8 

74:36:0I:I9 

74:36:0I :20 

74:36:01:21 

74:36:02:01 

74:36:02:02 

Attachment 1 

Administrative Rules of South Dakota 

State Implementation Plan for South Dakota 

State EPA's Last 

Title Effective Date SIP Approval 

Definitions 4/20/20II 10/II/2007 

72 FR 57864 I 

Administrative permit 4/4/1999 4/7/2003 

amendment defined 68 FR I6726 

Affected states defined 4/22/1993 I 0/19/I998 

63 FR 55804 

Applicable requirements 6/28/2010 I 0/Il/2007 

of the CAA defined 72 FR 57864 I 

Complete application 4/22/I993 I O/I9/I998 

defined 63 FR 55804 

Major source defined 4/20/20II 8/14/2006 

7I FR 46403 I 

Categories of sources 1/2/2005 8/I4/2006 

defined 7I FR 46403 I 

Modification defined 6/28/20IO 4/7/2003 

68 FR I6726 I 

National ambient air 4/22/I993 I 0/19/I998 

. quality standard (NAAQS) 63 FR 55804 

Potential to emit defined 4/22/I993 I0/19/1998 

63 FR 55804 

Process weight rate 4/22/I993 I0/19/1998 

defined 63 FR 55804 

Regulated air pollution 4/20/20II IO/I9/I998 

defined 63 FR 55804 I 

Responsible official 1/2/2005 8/I4/2006 

defined 71 FR 46403 

Municipal solid waste 12/29/1996 I0/19/1998 

landfill defined 63 FR 55804 

Existing municipal solid I2/29/I996 I 0/1911998 

waste landfills defined 63 FR 55804 

Physical change or change 6/28/2010 10/11/2007 

in method of operation 72 FR 57864 I 

Commenced construction 6/28/20IO Pending' 

defined 

Air quality goals 4/22/I993 I O/I9/I998 

63 FR 55804 

Ambient air quality 6/28/20IO 10/11/2007 

standards 72 FR 57864 I 

12 
State State EPA's Last 

Citation Title Effective Date SIP Approval 

74:36:02:03 Methods of sampling and 6/28/2010 I 0/li/2007 

analysis 72 FR 57864 I 

74:36:02:04 Air Quality monitoring 6/28/20IO I 0/I 112007 

network 72 FR 57864 I 

74:36:02:05 Ambient air monitoring 6/28/20IO I 0/II/2007 

requirements 72 FR 57864 I 

74:36:03:0I Air pollution emergency 6/28/20IO IO/II/2007 

episodes 72 FR 57864 I 

74:36:03:02 Episodes emergency 6/28/20IO I 0/II/2007 

contingency plan 72 FR 57864 I 

74:36:04:0I Applicability 4/22/I993 I 0/19/I998 

63 FR 55804 

74:36:04:02 Minor source operating 6/28/20IO I O/I9/I998 

permit required 63 FR 55804 I 

74:36:04:02.0I Minor source operating 6/28/20IO Pending l 

permit exemQtion 

74:36:04:03 Emission unit exemptions 6/28/20I 0 8114/2006 

7I FR 46403 I 

74:36:04:03.0I Minor source operating 6/28/20IO Not approved by EPA 

permit variance into the SIP 

74:36:04:04 Standards for issuance of a 6/28/20IO I 0/I 112007 

minor source operating 72 FR 57864 I 

permit 

74:36:04:05 Time period for operating 4/22/I993 I O/I9/I998 

permits and renewals 63 FR 55804 

74:36:04:06 Timely and complete 6/28/20IO 8114/2006 

application for operating 7I FR 46403 I 

permit required 

74:36:04:07 Required contents of 6/28/20IO I O/I9/1998 

complete application for 63 FR 55804 I 

operating permit 

74:36:04:08 Applicant required to I/5/I995 IOI1911998 

supplement or correct 63 FR 55804 

application 

74:36:04:09 Permit application 6/28/2010 4/7/2003 

completeness review 68 FR I6726 I 

74:36:04:10 Time period for 6/28/2010 1011911998 

department's 63 FR 55804 

recommendation 

74:36:04:12 Public participation in 6/28/2010 4/7/2003 

13 
State State EPA's Last 

Citation Title Effective Date SIP Approval 

. p_ermitting_process 68 FR 16726 I 

74:36:04:12.1 Public review of 6/28/2010 4/7/2003 

department's draft permit 68 FR 16726 1 

74:36:04:13 Final permit decision- 6/28/2010 4/7/2003 

Notice to interested 68 FR 16726 1 

persons 

74:36:04:14 Right to petition for 4/4/1999 4/7/2003 

contested case hearing 68 FR 16726 

74:36:04:15 Contents of operating 6/28/2010 10/19/1998 

permit 63 FR 55804 I 

74:36:04:16 Operating permit 6/28/2010 10/19/1998 

expiration 63 FR 55804 I 

74:36:04:17 Renewal of operating 6/28/2010 10/19/1998 

permit 63 FR 55804 I 

74:36:04:18 Operating permit revision 6/28/2010 4/7/2003 

68 FR 16726 1 

74:36:04:19 Administrative permit 4/4/1999 4/7/2003 

amendment 68 FR 16726 

74:36:04:20 Procedures for 6/28/2010 4/7/2003 

administrative permit 68 FR 16726 1 

amendments 

74:36:04:20.01 Minor permit amendment 6/28/2010 4/7/2003 

required 68 FR 16726 I 

74:36:04:20.02 Requirements for minor 1/5/1995 10/19/1998 

permit amendment 63 FR 55804 

74:36:04:20.03 Application for minor 1/511995 10/19/1998 

permit amendment 63 FR 55804 

74:36:04:20.04 Department deadline to 6/28/2010 4/7/2003 

approve minor permit 68 FR 16726 1 

amendment 

74:36:04:21 Permit modification 115/1995 10/19/1998 

63 FR 55804 

74:36:04:22 Source status change - - 4/4/1999 4/7/2003 

new permit required 68 FR 16726 

74:36:04:23 Reopening operating 6/28/2010 10119/1998 

permit for cause 63 FR 55804 1 

74:36:04:24 Procedures to reopen 4/2211993 10/19/1998 

ogerating_Qermit 63 FR 55804 

74:36:04:27 Operating permit 6/28/2010 10/19/1998 

terminated, modification, 63 FR 55804 I 

and revocation 

74:36:04:28 Notice of operating 4/22/1993 10/19/1998 

noncompliance - - contents 63 FR 55804 

14 
State State EPA's Last 

Citation Title Effective Date SIP Approval 

74:36:04:29 Petition for contested case 4/22/I993 I O/I9/I998 

on alleged violation 63 FR 55804 

74:36:04:3I Circumvention of 4/22/I993 I O/I911998 

emissions not allowed 63 FR 55804 

74:36:04:32 General permits 6/28/20IO 5110/2004 

69 FR 25839 I 

74:36:04:33 Secretary may require an 9/112003 5110/2004 

individual permit 69 FR 25839 

74:36:06:0I Applicability 11511995 IOI1911998 

63 FR 55804 

74:36:06:02 Allowable emissions for 4/4/1999 4/7/2003 

fuel-burning units 68 FR 16726 

74:36:06:03 Allowable emissions for 4/4/I999 4/7/2003 

process industry units 68 FR I6726 

74:36:06:04 Regulated Air Pollution 112/2005 I 0/1112007 

Emissions 72 FR 57864 

74:36:06:05 Most stringent 4/2211993 1011911998 

interpretation applicable 63 FR 55804 

74:36:06:06 Stack performance test 112/2005 1011112007 

72 FR 57864 

74:36:06:07 Open burning practices 4/4/1999 4/7/2003 

prohibited 68 FR I6726 

74:36:07:08 New Source Performance 6/28/2010 5/22/2000 

Standards 65 FR 32033 I 

74:36:07:29 Operating requirements 4/22/1993 9/611995 

for wire reclamation 60 FR 46222 

furnaces 

74:36:07:30 Monitoring requirements 4/22/I993 9/6/I995 

for wire reclamation 60 FR 46222 

furnaces 

74:36:09:0I Applicability 9118/2006 I2/2112007 

72 FR 726I7 

74:36:09:01.0I Prevention of significant 9118/2006 I2/2112007 

deterioration permit 72 FR 726I7 

required 

74:36:09:02 Prevention of significant 6/28/2010 12/2112007 

deterioration 72 FR 72617 I 

74:36:09:03 Public participation 6/28/2010 12/21/2007 

72 FR 72617 I 

15 
State State EPA's Last 

Citation Title Effective Date SIP Approval 

74:36:10:01 Applicability 4/22/1993 10/19/1998 

63 FR 55804 

74:36:10:02 Definitions 6/28/2010 8/14/2006 

72 FR 46403 1 

74:36: I 0:03.01 New source review 6/28/2010 8/14/2006 

preconstruction permit 71 FR 46403 1 

required 

74:36:10:05 New source review 6/28/2010 8/14/2006 

preconstruction p_ermit 71 FR 46403 1 

74:36:10:06 Causing or contributing to 9/1/2003 5/10/2004 

violation of any ambient 69 FR 25839 

air quality standard 

74:36:10:07 Determine credit for 6/28/2010 8/14/2006 

emission offsets 71 FR 46403 1 

74:36:10:08 Projected actual emissions 6/28/2010 8/14/2006 

71 FR 46403 1 

74:36:10:09 Clean unit test for 6/28/2010 8/14/2006 

emission units subject to 71 FR 46403 1 

lowest achievable 

emission rate 

74:36:10:10 Clean unit test for 6/28/2010 8/14/2006 

emission units 71 FR 46403 1 

Comparable to lowest 

achievable emission rate 

74:36:11:01 Stack performance testing 6/28/2010 10/11/2007 

methods 72 FR 57864 1 

74:36:11:02 Secretary may require 12/29/1996 10/19/1998 

performance tests 63 FR 55804 

74:36:11 :03 Notice to department of 12/29/1996 10/19/1998 

performance test 63 FR 55804 

74:36:11 :04 Testing new fuels or raw 4/4/1999 2/3/2000 

materials 65 FR 5264 

74:36:12:01 Restrictions on visible 6/28/2010 10/11/2007 

emissions 72 FR 57864 1 

74:36:12:02 Exception to restrictions 4/22/1993 10/19/1998 

63 FR 55804 

74:36:12:03 Exception granted to 6/28/2010 10/11/2007 

alfalfa pelletizers or 72 FR 57864 1 

dehydrators 

74:36:13:01 Secretary may require 4/22/1993 10/19/1998 

16 
State State EPA's Last 

Citation Title Effective Date SIP Approval 

continuous emission 63 FR 55804 

monitoring systems 

(CEMS) 

74:36:I3:02 Minimum performance 6/28/20IO I0/11/2007 

specifications for all 72 FR 57864 I 

continuous emission 

monitoring systems 

74:36:I3:03 Reporting requirements 6/28/20IO I0/11/2007 

72 FR 57864 I 

74:36:I3:04 Notice to department of 6/28/20IO I 0/Il/2007 

exceedance 72 FR 57864 I 

74:36:I3:05 Compliance determined by 4/22/1993 I O/I9/1998 

data from continuous 63 FR 55804 

emission monitor 

74:36:I3:06 Compliance certification 6/28/20IO I 0/li/2007 

72 FR 57864 I 

74:36:I3:07 Credible evidence 6/28/20IO 10/11/2007 

72 FR 57864 I 

74:36: I3:08 Compliance assurance 6/28/20IO IO/II/2007 

monitoring 72 FR 57864 I 

74:36: I7:0 I Applicability 2/11/I 996 6/10/2002 

72 FR 57864 

74:36: I 7:02 Reasonable available 2/Il/I996 6110/2002 

control technology 72 FR 57864 

74:36: I7:03 Street sanding 2/I l!I996 6/I0/2002 

specifications 72 FR 57864 

74:36: I7:04 Street deicing and 211 I /I996 6/I0/2002 

maintenance plan 72 FR 57864 

74:36:I7:05 Street sanding and 2/1 I/1996 6/10/2002 

sweeping recordkeeping 72 FR 57864 

74:36: I 7:06 Inspection authority 211 I/1996 6/I0/2002 

72 FR 57864 

74:36:I8:0I Definitions 7/1/2002 1/20/2004 

72 FR 57864 

74:36:I8:02 Applicability 7/I/2002 I/20/2004 

72 FR 57864 

74:36: I 8:03 Permit required 7/1/2002 I/20/2004 

72 FR 57864 

74:36: I 8:04 Time period for permits 7/1/2002 I/20/2004 

and renewals 72 FR 57864 

74:36: I 8:05 Required contents of a 7/1/2002 I/20/2004 

17 
State State EPA's Last 

Citation Title Effective Date SIP Approval 

complete application for a 72 FR 57864 

p_ermit 

74:36:18:06 Contents of permit 7/112002 1120/2004 

72 FR 57864 

74:36:18:07 Permit expiration 7/112002 1120/2004 

72 FR 57864 

74:36:18:08 Renewal of permit 711/2002 1/20/2004 

72 FR 57864 

74:36:18:09 Reasonably available 7/112002 1120/2004 

control technology 72 FR 57864 

re~uired 

74:36:18:10 Visible emission limit for 7/112002 1/20/2004 

construction and 72 FR 57864 

continuous operation 

activities 

74:36:18:11 Exception to visible 7/1/2002 1/20/2004 

emission limit 72 FR 57864 

74:36:18:12 Notice of operation 7/112002 1/20/2004 

noncompliance contents 72 FR 57864 

7 4:36:20:01 Applicability 6/28/2010 Pending 1 

74:36:20:02 Construction permit 6/28/2010 Pending 1 

required 

74:36:20:02.01 Initiating construction 6/28/2010 Pending 1 

prior to permit issuance 

74:36:20:03 Construction permit 6/28/2010 Pending 1 

exemption 

74:36:20:04 Emission unit exemption 6/28/2010 Pending 1 

74:36:20:05 Standard for issuance of 6/28/2010 Pending 1 

construction permit 

74:36:20:06 Timely and complete 6/28/2010 Pending 

application for a 

construction permit 

re_quired 

74:36:20:07 Required contents of 6/28/2010 Pending 1 

complete application for a 

construction permit 

74:36:20:08 Applicant required to 6/28/2010 Pending 1 

supplement or correct 

application 

74:36:20:09 Permit application - 6/28/2010 Pending 1 

Completeness review 

74:36:20:10 Time_Qeriod for 6/28/2010 Pending 1 

18 
State State EPA's Last 

Citation Title Effective Date SIP Approval 

department's 

recommendation 

74:36:20:11 Public participation in 6/28/2010 Pending 1 

permitting process 

74:36:20:12 Public review of 6/28/2010 Pending 1 

der>_artment's draft permit 

74:36:20:13 Final permit decision- 6/28/2010 Pending 1 

Notice to interested 

persons 

74:36:20:14 Right to petition for 6/28/2010 Pending 1 

contested case hearing 

74:36:20:15 Contents of construction 6/28/2010 Pending 1 

permit 

74:36:20:16 Administrative permit 6/28/2010 Pending 1 

amendment 

74:36:20:17 Procedures for 6/28/2010 Pending 1 

administrative permit 

amendment 

74:36:20:18 Reopening construction 6/28/2010 Pending 1 

permit for cause 

74:36:20:19 Procedures for reopening 6/28/2010 Pending 1 

construction permit 

74:36:20:20 Construction permit does 6/28/2010 Pending 1 

not exempt from other 

requirements 

74:36:20:21 Expiration of a 6/28/2010 Pending 1 

construction permit 

74:36:20:22 Notice of constructing or 6/28/2010 Pending 1 

operating noncompliance -

-Contents 

74:36:20:23 Petition for contested case 6/28/2010 Pending 1 

or alleged violation 

74:36:20:24 Circumvention of 6/28/2010 Pending 1 

emissions not allowed I .. - Wmtmgon EPA to approve changes smce EPA ' s last SIP approval. 

19 
.. 

r 

Attachment 2 

Counties Designated Nonattainment for Lead 

2008 Standard 

2/2011 

1111 Nonattainment Areas (2008 Stand

The portions of a county designated nonattainrnent are indicated by color on 

national rnap. The counties with nonattainrnent areas are circled. The doub

circles indicate that there are two n onatta inrnent are as within the sarn e count

The State rna ps provide details of the srnalle r no nattain rnent areas with in the 

county boundaries.