i

CERTIFICATION OF THE 2012 PM2.5 ANNUAL STANDARD

INFRASTURCTURE STATE IMPLEMENTATION PLAN 

When EPA revises or adds a new National Ambient Air Quality Standard, section 110 of the 

federal Clean Air Act (42 USC § 7410) requires the state to review its current regulations and 

make the necessary changes to ensure the state’s air pollution control program can implement, 

maintain, and enforce the revised or new National Ambient Air Quality Standards.

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 2012 revised PM2.5 annual National 

Ambient Air Quality Standard. The review finds that all the necessary changes to the regulations 

have been completed and currently no state laws or rules will need to be changed to implement 

the 2012 revised PM2.5 annual standard. DENR certifies that South Dakota is implementing the 

2012 revised PM2.5 annual standard and is meeting all the requirements in section 110(a)(2)(A 

through H and J through M) of the Clean Air Act.

All state regulation changes go through the department’s public notice procedures, board 

approval and were adopted into state regulations. The following information describes the 

regulations and how DENR is implementing in South Dakota the 2012 revised PM2.5 annual 

National Ambient Air Quality Standard. 
1

State of South Dakota

Infrastructure State Implementation Plan 

2012 PM2.5 Annual National Ambient Air Quality Standard

1.0 Introduction

On December 13, 2012, EPA revised the PM2.5 annual standard by lowering the concentration 

from 15 to 12 micrograms per cubic meter (ug/m3) which triggered the submission of an 

infrastructure State Implementation Plan (SIP) from each state to EPA by December 13, 2015.

On December 13, 2013, the South Dakota Department of Environment and Natural Resources 

(DENR) submitted designation recommendations of attainment of the revised 2012 PM2.5 annual 

standard for all counties in South Dakota. On August 19, 2014, EPA notified South Dakota that 

collected data did not indicate any violations or contribution to nearby areas and published in the 

Federal Register that all counties in South Dakota be designated for the revised 2012 PM2.5

annual standard as unclassifiable/attainment. 

This document certifies and demonstrates that South Dakota is meeting the requirements in 

section 110(a)(1) and 110(a)(2) of the Clean Air Act. Attachment A provides a list of each 

section in the Administrative Rules of South Dakota (ARSD) Article 74:36 (Air Pollution 

Control Program) that is part of South Dakota’s SIP, the effective date of each section, and 

EPA’s last approval of each section. Attachments B provides information demonstrating that 

South Dakota’s PM2.5 emissions do not affect any PM2.5 nonattainment or maintenance areas for 

the revised annual standard located in neighboring states.

2.0 Section 110(a)(1)

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

In accordance with South Dakota Codified Laws (SDCL) 1-26, after reasonable notice for public 

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

a public hearing. The rules if approved 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 the changes to EPA as 

part of South Dakota’s SIP with the documentation necessary to demonstrate the changes were 

approved in accordance with state procedures.

Currently, DENR submitted the following SIP changes to EPA related to the revised 2012 PM2.5

annual standard:
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1. June 14, 2010 – DENR submitted revisions to South Dakota’s SIP 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. EPA approved the SIP 

changed on July 7, 2014;

2. January 21, 2011 – DENR submitted South Dakota’s Regional Haze program as part of 

South Dakota’s SIP. DENR submitted revisions to the program on September 19, 2011. 

On April 26, 2012, EPA completed a full approval of the South Dakota’s Regional Haze 

program in South Dakota’s SIP; and

3. On October 23, 2015 – DENR submitted revisions to the rules which adopt 40 Code of 

Federal Regulations in Parts 1 to 99 as published on July 1, 2014. The rule changes 

adopted the 2012 PM2.5 annual standard. DENR is waiting for EPA to approve this SIP 

submittal.

The SIP submittals that have not been approved by EPA are reflected in Attachment A.

3.0 Section 110(a)(2)

3.1 Section 110(a)(2)(A) – 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

Based on South Dakota’s ambient air monitoring network, South Dakota is attaining the revised

PM2.5 annual National Ambient Air Quality Standards throughout the state. Therefore, South 

Dakota has not been required to adopt specific rules limiting PM2.5 emissions from businesses in 

South Dakota. 

South Dakota’s existing rules are sufficient to implement and maintain the revised 2012 PM2.5

annual standard in South Dakota. The following is a list of those rules which have been approved 

in South Dakota’s SIP or were submitted to EPA to be included in South Dakota’s SIP and 

awaiting EPA’s approval:

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

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

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

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

In addition, the following rules which have been approved by EPA or delegated by EPA will also 

be used to implement and maintain the 2012 PM2.5 annual standard in South Dakota:
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1. ARSD Chapter 74:36:05 (Operating permits for Part 70 sources);

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

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

4. ARSD Chapter 74:36:16 (Acid rain program).

South Dakota’s authority to promulgate these rules is contained in SDCL 34A-1-1, 34A-1-6, 

34A-1-18, 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;” 

South Dakota’s Infrastructure

ARSD Chapter 74:36:02, which is part of South Dakota’s SIP, 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 throughout South Dakota. 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 PM2.5 levels are assessed each year as part 

of South Dakota’s Annual Network Plan and in the 5-year Assessment as required in 40 Code of 

Federal Regulations (CFR) section 58.10. The public is provided a 30 day period review and

comment on the proposed changes to South Dakota’s ambient monitoring network before it is 

finalized and submitted to EPA for approval. The Annual Network Plan and periodic 5-year 

Assessment are available on DENR’s website at:

http://denr.sd.gov/des/aq/monitoring/state-mo.aspx

The ambient data used to compare to the National Ambient Air Quality Standards in South 

Dakota is collected using EPA’s designated federal reference or equivalent 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 PM2.5 monitoring requirements in 40 CFR Part 58, Appendix D identifies the minimum 

number of required monitors in each state. The South Dakota operates 10 sites testing for PM2.5

concentrations in the state’s air monitoring network. The review of the requirements shows 
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South Dakota is required to have at least one background, transport and Chemical Speciation site 

in the air monitoring network. The state meets the requirements as follows: 

1. Background sampling at the Badlands and Wind Cave sites both rural Class One areas for 

visibility protection; 

2. Transport can affect all 10 of the sites but is more identifiable at the rural sites at the 

national parks and UC #1 in Union County; and 

3. Chemical speciation samplers are operated at the SD School NCore Site in Sioux Falls. 

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;”

South Dakota’s Infrastructure

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

enforcement of South Dakota’s SIP 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 federal National Ambient Air Quality Standard 

before the air quality permit is issued. The air quality construction 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).

ARSD Chapter 74:36:09 and 74:36:20 already exists in South Dakota’s SIP but certain sections 

have been revised or added and submitted to EPA for approval in South Dakota’s SIP and are 

awaiting EPA’s approval. See Appendix A for the submittal dates and status.

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--

(I) 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
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(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 2012 PM2.5 annual standard and based on South 

Dakota’s air emissions inventory, South Dakota does not contribute significantly or interfere 

with an implementation plan in another state. See Attachment B for supporting information.

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 SIP approved PSD program which requires DENR to provide written 

notification to all nearby states and tribes treated as states of the potential impacts from the 

source for major new sources or major modification of an existing source of air pollution. This 

satisfies section 126(a) of the Clean Air Act.

All of the states and tribes bordering South Dakota are attaining the 2012 PM2.5 annual standards.

No source or sources in South Dakota are the subject of an active finding under Section 126 of 

the Clean Air Act with respect to any air pollutant. In addition, there are no final findings under 

Section 115 of the Clean Air Act against South Dakota with respect to any air pollutant.

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),”
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South Dakota’s Infrastructure

SDCL section 34A-1-4, 34A-1-7 through 34A-1-10 provides DENR authority to retain 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 PM2.5 and 105 grants, and associated matching 

state funds provides DENR with the funding necessary to carry out South Dakota’s SIP and 

related issues. SDCL Chapter 34A-1 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 1-40-25.1 (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-1.

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-1-36 (Municipal and county programs approved by board)

and 34A-1-37 (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-1-38 (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. 
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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, 

(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 approved in South Dakota’s SIP require sources to monitor and periodically

report to ensure compliance with its air quality permit:

1. ARSD section 74:36:04:15 – Contents of operating permit;

2. ARSD Chapter 74:36:09 – Prevention of significant deterioration program;

3. ARSD Chapter 74:36:11 – Performance testing;

4. ARSD Chapter 74:36:13 – Continuous emission monitoring systems; and

5. ARSD Chapter 74:36:20:15 – Contents of construction permit.

In addition, the following rules have been approved by EPA or delegated by EPA and identify 

monitoring and periodic reporting requirements for sources applicable to these standards.

1. ARSD section 74:36:05:16.01 – Operating permit requirements;

2. ARSD Chapter 74:36:07 – New Source Performance Standards; and

3. ARSD Chapter 74:36:08 – National Emission Standards for Hazardous Air Pollutants.

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 of the 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 
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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.

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-1-6 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.
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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 127 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);”

South Dakota’s Infrastructure

SDCL section 34A-1-1 and 34A-1-10 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-1-10 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-1-9 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 9 sites covering 31 parameters from continuous analyzers and monitors located throughout 

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

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

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 of the 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;”
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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 

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 110(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-1-10 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.
A-1

Attachment A

Administrative Rules of South Dakota 

State Implementation Plan for South Dakota

State

Citation Title

State

Effective 

Date

EPA’s Last 

SIP Approval

74:09:01 Procedures – Board of Minerals and Environment, Contested Case 

Procedure

74:09:01:20 Board member conflict of 

interest

05/29/14 80 FR 4799

01/29/2015 

74:09:01:21 Board member potential 

conflict of interests

05/29/14 80 FR 4799

01/29/2015

74:36:01 Definitions

74:36:01:01 Definitions 10/13/15 80 FR 59620

10/02/2015

74:36:01:03 Administrative permit 

amendment defined

04/4/99 68 FR 16726

04/07/2003

74:36:01:04 Affected states defined 04/22/93 63 FR 55804

10/19/1998

74:36:01:05 Applicable requirements of 

the CAA defined

10/13/15 79 FR 36419

06/27/2014

74:36:01:06 Complete application 

defined

04/22/93 63 FR 55804

10/19/1998

74:36:01:08 Major source defined 04/20/11 79 FR 21852

04/18/2014

74:36:01:09 Categories of sources 

defined

01/2/05 71 FR 46403

8/14/2006

74:36:01:10 Modification defined 10/13/50 79 FR 36419

06/27/2014

74:36:01:11 National ambient air 

quality standard (NAAQS)

04/22/93 63 FR 55804

10/19/1998

74:36:01:12 Potential to emit defined 04/22/93 63 FR 55804

10/19/1998

74:36:01:13 Process weight rate 

defined

04/22/93 63 FR 55804

10/19/1998

74:36:01:15 Regulated air pollution 

defined

04/20/11 79 FR 21852

04/18/2014

74:36:01:16 Responsible official 

defined

01/2/05 71 FR 46403

08/14/2006

74:36:01:18 Municipal solid waste 

landfill defined

12/29/96 63 FR 55804

10/19/1998

74:36:01:19 Existing municipal solid 

waste landfills defined

12/29/96 63 FR 55804

10/19/1998

74:36:01:20 Physical change or change 

in method of operation

10/13/15 79 FR 36419

06/27/2014
A-2

State

Citation Title

State

Effective 

Date

EPA’s Last 

SIP Approval

74:36:01:21 Commenced construction 

defined

06/28/10 79 FR 36419

06/27/2014

74:36:02 Ambient Air Quality

74:36:02:01 Air quality goals 4/22/93 63 FR 55804

10/19/1998

74:36:02:02 Ambient air quality 

standards

10/13/15 80 FR 59620

10/02/2015

74:36:02:03 Methods of sampling and 

analysis

10/13/15 80 FR 59620

10/02/2015

74:36:02:04 Air quality monitoring 

network

10/13/15 80 FR 59620

10/02/2015

74:36:02:05 Ambient air monitoring 

requirements

10/13/15 80 FR 59620

10/02/2015

74:36:03 Air Quality Episodes

74:36:03:01 Air pollution emergency 

episodes

10/13/15 79 FR 36419

06/27/2014

74:36:03:02 Episodes emergency 

contingency plan

10/13/15 79 FR 36419

06/27/2014

74:36:04 Operating Permits for Minor Sources

74:36:04:01 Applicability 04/22/93 63 FR 55804

10/19/1998

74:36:04:02 Minor source operating 

permit required

06/28/10 79 FR 36419

06/27/2014

74:36:04:02.01 Minor source operating 

permit exemption

06/28/10 79 FR 36419

06/27/2014

74:36:04:03 Emission unit exemptions 10/13/15 79 FR 36419

06/28/2014

74:36:04:04 Standards for issuance of a

minor source operating 

permit

10/13/15 80 FR 59620

10/02/2015

74:36:04:05 Time period for operating 

permits and renewals

06/25/13 80 FR 59620

10/02/2015

74:36:04:06 Timely and complete 

application for operating 

permit required

06/28/10 79 FR 36419

06/27/2014

74:36:04:07 Required contents of 

complete application for 

operating permit

06/28/10 79 FR 36419

06/27/2014

74:36:04:08 Applicant required to 

supplement or correct 

application

01/5/95 63 FR 55804

10/19/1998

74:36:04:09 Permit application 06/28/10 79 FR 36419
A-3

State

Citation Title

State

Effective 

Date

EPA’s Last 

SIP Approval

completeness review 06/27/2014

74:36:04:10 Time period for 

department’s 

recommendation

06/28/10 79 FR 36419

06/27/2014

74:36:04:12 Public participation in 

permitting process

06/25/13 80 FR 59620

10/02/2015

74:36:04:12.01 Public review of 

department’s draft permit

06/28/10 79 FR 36419

06/27/2014

74:36:04:13 Final permit decision –

Notice to interested 

persons

06/25/13 80 FR 59620

10/02/2015

74:36:04:14 Right to petition for 

contested case hearing

06/25/13 80 FR 59620

10/02/2015

74:36:04:15 Contents of operating 

permit

06/25/13 80 FR 59620

10/02/2015

74:36:04:16 Operating permit 

expiration

06/28/10 79 FR 36419

06/27/2014

74:36:04:17 Renewal of operating 

permit

06/28/10 79 FR 36419

06/27/2014

74:36:04:18 Operating permit revision 06/28/10 79 FR 36419

06/27/2014

74:36:04:19 Administrative permit 

amendment

04/4/99 68 FR 16726

04/07/2003

74:36:04:20 Procedures for 

administrative permit 

amendments

06/28/10 79 FR 36419

06/27/2014

74:36:04:20.01 Minor permit amendment 

required

06/28/10 79 FR 36419

06/27/2014

74:36:04:20.02 Requirements for minor 

permit amendment

01/5/95 63 FR 55804

10/19/1998

74:36:04:20.03 Application for minor 

permit amendment

01/5/95 63 FR 55804

10/19/1998

74:36:04:20.04 Department deadline to 

approve minor permit 

amendment

06/28/10 79 FR 36419

06/27/2014

74:36:04:21 Permit modification 01/5/95 63 FR 55804

10/19/1998

74:36:04:21.01 Alternative permit 

modification procedures

10/13/15 Pending 

74:36:04:22 Source status change - -

new permit required

04/4/99 68 FR 16726

04/07/2003

74:36:04:23 Reopening operating 06/28/10 79 FR 36419
A-4

State

Citation Title

State

Effective 

Date

EPA’s Last 

SIP Approval

permit for cause 06/27/2014

74:36:04:24 Procedures to reopen 

operating permit

04/22/93 63 FR 55804

10/19/1998

74:36:04:27 Operating permit 

termination, revision, and 

revocation

06/28/10 79 FR 36419

06/27/2014

74:36:04:28 Notice of operating 

noncompliance - - contents

04/22/93 63 FR 55804

10/19/1998

74:36:04:29 Petition for contested case 

on alleged violation

04/22/93 63 FR 55804

10/19/1998

74:36:04:31 Circumvention of 

emissions not allowed

04/22/93 63 FR 55804

10/19/1998

74:36:04:32 General permits 06/28/10 79 FR 36419

06/27/2014

74:36:04:33 Secretary may require an 

individual permit

09/1/03 69 FR 25839

05/10/2004

74:36:06 Regulated Air Pollutant Emissions

74:36:06:01 Applicability 01/5/95 63 FR 55804

10/19/1998

74:36:06:02 Allowable emissions for 

fuel-burning units

04/4/99 68 FR 16726

04/07/2003

74:36:06:03 Allowable emissions for 

process industry units

04/4/99 68 FR 16726

04/07/2003

74:36:06:04 Particulate emission 

restrictions for incinerators 

and waste wood burners

01/2/05 71 FR 46403

08/14/2006

74:36:06:05 Most stringent 

interpretation applicable

04/22/93 63 FR 55804

10/19/1998

74:36:06:06 Stack performance test 01/2/05 71 FR 46403

08/14/2006

74:36:06:07 Open burning practices 

prohibited

04/4/99 68 FR 16726

04/07/2003

74:36:07 New Source Performance Standards

74:36:07:08 Ash disposal requirements 12/29/96 65 FR 32033

05/22/2000

74:36:07:29 Operating requirements for 

wire reclamation furnaces

04/22/93 60 FR 46222

09/06/1995

74:36:07:30 Monitoring requirements 

for wire reclamation 

furnaces

04/22/93 60 FR 46222

09/06/1995

74:36:09 Prevention of Significant Deterioration

74:36:09:01 Applicability 09/18/06 72 FR 72617
A-5

State

Citation Title

State

Effective 

Date

EPA’s Last 

SIP Approval

12/21/2007

74:36:09:01.01 Prevention of significant 

deterioration permit 

required

09/18/06 72 FR 72617

12/21/2007

74:36:09:02 Prevention of significant 

deterioration

10/13/15 80 FR 4799

01/29/2015

74:36:09:03 Public participation 10/13/15 80 FR 4799

01/29/2015

74:36:10 New Source Review

74:36:10:01 Applicability 4/22/93 63 FR 55804

10/19/1998

74:36:10:02 Definitions 10/13/15 79 FR 36419

06/27/2014

74:36:10:03.01 New source review 

preconstruction permit 

required

10/13/15 79 FR 36419

06/27/2014

74:36:10:05 New source review 

preconstruction permit

10/13/15 79 FR 36419

06/27/2014

74:36:10:06 Causing or contributing to 

violation of any ambient 

air quality standard

10/13/15 69 FR 25839

05/10/2004

74:36:10:07 Determine credit for 

emission offsets

10/13/15 79 FR 36419

06/27/2014

74:36:10:08 Projected actual emissions 10/13/15 79 FR 36419

06/27/2014

74:36:10:09 Clean unit test for 

emission units subject to 

lowest achievable emission 

rate

01/02/05 71 FR 46403

08/14/2006

74:36:10:10 Clean unit test for 

emission units comparable 

to lowest achievable 

emission rate

01/02/05 71 FR 46403

08/14/2006

74:36:11 Performance Testing

74:36:11:01 Stack performance testing 

methods

10/13/15 80 FR 59620

10/02/2015

74:36:11:02 Secretary may require 

performance tests

12/29/96 63 FR 55804

10/19/1998

74:36:11:03 Notice to department of 

performance test

12/29/96 63 FR 55804

10/19/1998

74:36:11:04 Testing new fuels or raw 

materials

4/4/99 65 FR 5264

02/03/2000
A-6

State

Citation Title

State

Effective 

Date

EPA’s Last 

SIP Approval

74:36:12 Control of Visible Emissions

74:36:12:01 Restrictions on visible 

emissions

10/13/15 80 FR 59620

10/02/2015

74:36:12:02 Exception to restrictions 06/25/13 80 FR 59620

10/02/2015

74:36:12:03 Exception granted to 

alfalfa pelletizers or 

dehydrators

10/13/15 80 FR 59620

10/02/2015

74:36:13 Continuous Emission Monitoring Systems

74:36:13:01 Secretary may require 

continuous emission 

monitoring systems 

(CEMS)

04/22/93 63 FR 55804

10/19/1998

74:36:13:02 Minimum performance 

specifications for all 

continuous emission 

monitoring systems

10/13/15 80 FR 59620

10/02/2015

74:36:13:03 Reporting requirements 10/13/15 80 FR 59620

10/02/2015

74:36:13:04 Notice to department of 

exceedance

10/13/15 80 FR 59620

10/02/2015

74:36:13:05 Compliance determined by 

data from continuous 

emission monitor

04/22/93 63 FR 55804

10/19/1998

74:36:13:06 Compliance certification 10/13/15 80 FR 59620

10/02/2015

74:36:13:07 Credible evidence 10/13/15 80 FR 59620

10/02/2015

74:36:13:08 Compliance assurance 

monitoring

10/13/15 80 FR 59620

10/02/2015

74:36:17 Rapid City Street Sanding and Deicing

74:36:17:01 Applicability 02/11/96 67 FR 39619

06/10/2002

74:36:17:02 Reasonable available 

control technology

02/11/96 67 FR 39619

06/10/2002

74:36:17:03 Street sanding 

specifications

02/11/96 67 FR 39619

06/10/2002

74:36:17:04 Street deicing and 

maintenance plan

02/11/96 67 FR 39619

06/10/2002

74:36:17:05 Street sanding and 

sweeping recordkeeping

02/11/96 67 FR 39619

06/10/2002

74:36:17:06 Inspection authority 02/11/96 67 FR 39619
A-7

State

Citation Title

State

Effective 

Date

EPA’s Last 

SIP Approval

06/10/2002

74:36:18 Regulations for State Facilities in the Rapid City Area

74:36:18:01 Definitions 07/1/02 69 FR 2671

01/20/2004

74:36:18:02 Applicability 07/1/02 69 FR 2671

01/20/2004

74:36:18:03 Permit required 07/1/02 69 FR 2671

01/20/2004

74:36:18:04 Time period for permits 

and renewals

06/25/13 80 FR 59620

10/02/2015

74:36:18:05 Required contents of a 

complete application for a 

permit

06/25/13 80 FR 59620

10/02/2015

74:36:18:06 Contents of permit 06/25/13 80 FR 59620

10/02/2015

74:36:18:07 Permit expiration 07/1/02 69 FR 2671

01/20/2004

74:36:18:08 Renewal of permit 07/1/02 69 FR 2671

01/20/2004

74:36:18:09 Reasonably available 

control technology 

required

07/01/02 69 FR 2671

01/20/2004

74:36:18:10 Visible emission limit for 

construction and 

continuous operation 

activities

10/13/15 80 FR 59620

10/02/2015

74:36:18:11 Exception to visible 

emission limit

06/25/13 80 FR 59620

10/02/2015

74:36:18:12 Notice of operation 

noncompliance contents

06/25/13 80 FR 59620

10/02/2015

74:36:20 Construction Permits for New Sources or Modifications

74:36:20:01 Applicability 06/28/10 79 FR 36419

06/27/2014

74:36:20:02 Construction permit

required

10/13/15 79 FR 36419

06/27/2014

74:36:20:02.01 Initiating construction 

prior to permit issuance

10/13/15 Pending

74:36:20:03 Construction permit

exemption

06/28/10 79 FR 36419

06/27/2014

74:36:20:04 Emission unit exemptions 06/28/10 79 FR 36419

06/27/2014

74:36:20:05 Standard for issuance of 06/25/13 79 FR 36419
A-8

State

Citation Title

State

Effective 

Date

EPA’s Last 

SIP Approval

construction permit 06/27/2014

74:36:20:05.1 Procedures for a 

insignificant increase in 

allowable emissions

10/13/15 Pending

74:36:20:06 Timely and complete 

application for a 

construction permit

required

06/28/10 79 FR 36419

06/27/2014

74:36:20:07 Required contents of 

complete application for a 

construction permit

06/28/10 79 FR 36419

06/27/2014

74:36:20:08 Applicant required to 

supplement or correct 

application

06/28/10 79 FR 36419

06/27/2014

74:36:20:09 Permit application –

Completeness review

06/28/10 79 FR 36419

06/27/2014

74:36:20:10 Time period for 

department’s 

recommendation

06/28/10 79 FR 36419

06/27/2014

74:36:20:11 Public participation in 

permitting process

06/25/13 80 FR 59620

10/02/2015

74:36:20:12 Public review of 

department’s draft permit

06/28/10 79 FR 36419

06/27/2014

74:36:20:13 Final permit decision –

Notice to interested 

persons

06/25/13 80 FR 59620

10/02/2015

74:36:20:14 Right to petition for 

contested case hearing

06/25/13 80 FR 59620

10/02/2015

74:36:20:15 Contents of construction 

permit

06/25/13 80 FR 59620

10/02/2015

74:36:20:16 Administrative permit 

amendment

06/28/10 79 FR 36419

06/27/2014

74:36:20:17 Procedures for 

administrative permit 

amendment

06/28/10 79 FR 36419

06/27/2014

74:36:20:18 Reopening construction 

permit for cause

06/28/10 79 FR 36419

06/27/2014

74:36:20:19 Procedures for reopening 

construction permit

06/28/10 79 FR 36419

06/27/2014

74:36:20:20 Construction permit does 

not exempt from other 

requirements

06/28/10 79 FR 36419

06/27/2014

74:36:20:21 Expiration of a 06/28/10 79 FR 36419
A-9

State

Citation Title

State

Effective 

Date

EPA’s Last 

SIP Approval

construction permit 06/27/2014

74:36:20:22 Notice of constructing or 

operating noncompliance -

- Contents

06/28/10 79 FR 36419

06/27/2014

74:36:20:23 Petition for contested case 

or alleged violation

06/28/10 79 FR 36419

06/27/2014

74:36:20:24 Circumvention of 

emissions not allowed

06/28/10 79 FR 36419

06/27/2014

74:36:21 Regional Haze Program

74:36:21:01 Applicability 12/7/10 77 FR 24845

04/12/2012

74:36:21:02 Definitions 10/13/15 80 FR 59620

10/02/2015

74:36:21:03 Existing stationary facility 

defined

12/7/10 77 FR 24845

04/12/2012

74:36:21:04 Visibility impact analysis 10/13/15 80 FR 59620

10/02/2015 

74:36:21:05 BART determination 6/25/13 80 FR 59620

10/02/2015

74:36:21:06 BART determination for a 

BART-eligible coal-fired 

power plant

9/19/11 77 FR 24845

04/12/2012

74:36:21:07 Installation of controls 

based on visibility impact 

analysis or BART 

determination

12/7/10 77 FR 24845

04/12/2012

74:36:21:08 Operation and 

maintenance of controls

12/7/10 77 FR 24845

04/12/2012

74:36:21:09 Monitoring, 

recordkeeping, and 

reporting

10/13/15 80 FR 59620

10/02/2015

74:36:21:10 Permit to construct 12/7/10 77 FR 24845

04/12/2012

74:36:21:11 Permit required for BART 

determination

12/7/10 77 FR 24845

04/12/2012

74:36:21:12 Federal land manager 

notification and review

12/7/10 77 FR 24845

04/12/2012
B-1

Attachment B

Section 110(a)(2)(D)(ii) 

Interstate and International Transport Provisions

No Significant Impact to Nonattainment Areas in Other States

B.1 South Dakota’s Size and Population

South Dakota’s population is the 5th smallest in the nation with a 2011 population of 824,082. 

The state is the 17th largest in the nation with a surface area of 77,116 square miles. The two 

largest cities in the state are Sioux Falls (156,592) on the southeast edge and Rapid City (69,200) 

on the west central edge of the state. South Dakota’s remaining population is spreadout 

throughout the state with a majority on the eastern half of the state. 

B.2 State Emissions Inventory 

The state’s national emissions inventory shows there were 804.7 tons of PM2.5 emissions in 

South Dakota in 2011 from sources with a Title V air quality operating permit. The total PM2.5

emissions in the 2011 national emissions inventory for South Dakota from point and non-point 

sources was 3,674.1 tons. Table B-1 through B-7 contains the estimated air emissions including 

model source, sources considered major sources, non point sources of rail, airport, and mobile in 

South Dakota that potentially could impact air quality in South Dakota and neighboring states. 

Table B-1. 2011 Air Emissions Inventory Potentially Impacting North Dakota

No. County PM2.5 Units

1 Brown 151.0 tons

2 Edmunds 109.5 tons

3 Walworth 28.4 tons

4 Codington 84.8 tons

5 Day 48.9 tons

6 Clark 84.8 tons

7 Roberts 79.6 tons

8 Grant 274.8 tons

9 Marshall 25.4 tons

10 McPherson 47.8 tons

11 Campbell 22.7 tons

12 Spink 101.5 tons

13 Potter 26.5 tons

14 Corson 26.5 tons

15 Perkins 18.4 tons

16 Harding 10.4 tons

17 Ziebach 9.4 tons

18 Dewey 16.0 tons

19 Faulk 39.8 tons
B-2

No. County PM2.5 Units

Total 1,206 tons

Table B-2. 2011 Air Emissions Inventory Potentially Impacting Minnesota

No. County PM2.5 Units

1 Roberts 79.6 tons

2 Day 48.9 tons

3 Grant 274.8 tons

4 Codington 84.8 tons

5 Deuel 77.2 tons

6 Hamlin 34.6 tons

7 Brookings 110.5 tons

8 Kingsbury 48.5 tons

9 Moody 46.0 tons

10 Lake 57.8 tons

11 Minnehaha 221.3 tons

12 McCook 37.1 tons

13 Lincoln 122.1 tons

14 Turner 110.3 tons

Total 1,354 tons

Table B-3. 2011 Air Emissions Inventory Potentially Impacting Iowa

No. County PM2.5 Units

1 Minnehaha 221.3 tons

2 Lincoln 122.1 tons

3 Union 67.3 tons

4 Clay 50.3 tons

5 McCook 37.1 tons

6 Turner 110.3 tons

Total 608 tons

Table B-4. 2011 Air Emissions Inventory Potentially Impacting Nebraska

No. County PM2.5 Units

1 Clay 50.3 tons

2 Union 67.3 tons

3 Fall River 68.1 tons

4 Yankton 63.0 tons

5 Bon Homme 45.0 tons

6 Charles Mix 59.7 tons

7 Turner 110.3 tons

8 Hutchinson 52.7 tons

9 Douglas 22.8 tons

10 Brule 41.6 tons
B-3

No. County PM2.5 Units

11 Trip 47.3 tons

12 Todd 23.8 tons

13 Bennett 21.5 tons

14 Oglala Lakota 14.3 tons

15 Custer 28.6 tons

16 Pennington 225.4 tons

17 Jackson 29.9 tons

18 Mellette 11.0 tons

Total 983 tons

Table B-5. 2011 Air Emissions Inventory Potentially Impacting Colorado

No. County PM2.5 Units

1 Fall River 68.1 tons

2 Custer 28.6 tons

3 Pennington 225.4 tons

4 Oglala Lakota 14.3 tons

Total 336 tons

Table B-6. 2011 Air Emissions Inventory Potentially Impacting Wyoming

No. County PM2.5 Units

1 Fall River 68.1 tons

2 Pennington 225.4 tons

3 Butte 27.9 tons

4 Harding 10.4 tons

5 Custer 28.6 tons

6 Perkins 18.4 tons

7 Lawrence 77.8 tons

9 Oglala Lakota 14.3 tons

10 Meade 66.9 tons

Total 583 tons

Table B-7. 2011 Air Emissions Inventory Potentially Impacting Montana

No. County PM2.5 Units

1 Perkins 18.4 tons

2 Butte 27.9 tons

3 Harding 10.4 tons

4 Lawrence 77.8 tons

4 Meade 66.9 tons

Total 201 tons

As represented in the tables, emisisons levels are low throught the state and would have little 

impact on levels in neighboring states. The county with the highest PM2.5 emission is Grant 
B-4

County at 274.8 tons per year mainly due to the Big Stone I Power Plant which is operated by 

Otter Tail Power Company in the northeastern edge of the state. The second and third highest

county emissions are in Pennington at 225.4 tons per year and Minnehaha at 221.3 tons per year. 

They are the counties with the highest population density associated with smaller point source 

emissions. All the remaining counties have PM2.5 emisisons less than 200 tons per year. 

B.3 South Dakota SIP Approved Programs

South Dakota has a SIP approved PSD program, a minor source operating permit program, a 

construction permit program and has successfully implemented these programs for many years.

After a 30 day public comment period, a public hearing on August 20, 2015, and Interim Rules 

Committee review on September 21, 2015, the latest update of the air quality regulations was 

complete. The updated state regulations in ARSD 74:36 became effective on October 13, 2015. 

The updated regulations were submitted to EPA for approval to add to the SIP on October 23, 

2015. EPA has not yet acted on this submittal.

South Dakota has a SIP approved Regional Haze Program which was revised on June 25, 2013. 

DENR submitted the revised Regional Haze Program to EPA for approval on July 29, 2013. 

EPA approved the submittal on May 29, 2012.

B.4 South Dakota Meterology

South Dakota’s predominate wind direction is form the northwest and southeast during most of 

the year. Major weather systems move mainly from west to east through the state. 

B.5 Nonattainment and Maintenance Areas in Neighboring States 

On January 24, 2011, DENR submitted the proposed designations for the revised 2012 PM2.5

annual standard to EPA. In a response letter from EPA to Governor Dennis Daugaard, dated 

August 19, 2014, EPA designated all areas of the state as unclassifiable/attainment for the 2012

PM2.5 annual standard. Although EPA designated all of South Dakota as 

unclassifiable/attainment; South Daktoa is attaining the 2012 PM2.5 annual standard. 

There are no states bordering South Dakota that have a nonattainment or maintenance area for 

the 2012 PM2.5 annual standard. The state with an area not attaining the standard closest to South 

Daktoa is in northern Idaho upwind of our state. The next closest is in Ohio. Both are hundreds 

of miles from South Dakota. See Figure B5-1 showing the PM2.5 nNonattainment areas for the 

revised 2012 PM2.5 standard.
B-5

Figure B-1

B.6 Conclusions

The revised 2012 PM2.5 annual standard is being attained throughout South Dakota. One of the 

reasons South Dakota is attaining the standard is its population and air emissions are relatively 

small.

The information above clearly shows South Dakota is not significantly impacting nonattainment

or maintenance areas in other states. As South Dakota’s Regional Haze Program is implemented,

impacts, if any, will be even less from South Dakota. DENR believes its Regional Haze program 

in combination with its PSD program and air quality construction permit program ensures South 

Dakota is able to regulate any new source or modification to existing sources to prevent it from 

causing a nonattainment area in South Dakota or significantly impacting a nonattainment area or 

maintenance area in other states.