federal agency includes the chiefexecutive officer having responsibility for the overall operations ofaprincipal geographic unit ofthe agency; or (4) Foraffected sources: (a) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act or the regulations promulgated under it are concerned; or (b) The designated representative for any otherpurposes under chapter 74:36:05.
Source: 19 SDR 157, effective April22, 1993; 31 SDR 101, effectiveJanuary2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.
74:36:01:17. Significantdefined. Repealed.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13, 1991; transferred from§ 74:26:01:06.04, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; repealed, 31 SDR 101, effective January 2, 2005.
74:36:01:18. Municipal solid waste landfill defined. Municipal solid waste landfill means the entire disposal facility in a contiguous geographical space where household waste, commercial solid waste, nonhazardous sludge, conditionally exempt small-quantity generator waste, or industrial solid waste is placed in or on land. Portions ofthe municipal solid waste landfill may be separated by access roads. A municipal solid waste landfill may be publicly or privately owned, a newlandfill, an existing landfill, ora lateral expansion.
Source: 23 SDR 106, effective December29, 1996. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-18.
74:36:01:19. Existing municipal solid waste landfill defined. An existing municipal solid waste landfill is a municipal solid waste landfill that commenced construction, reconstruction, or modification before May 30, 1991. An existing municipal solid waste landfill may be active or closed. Physical or operational changes made to an existing municipal solidwaste landfill solely to comply with applicable emission limits are not considered a modification orreconstruction.
Source: 23 SDR 106, effective December29, 1996. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-18.
74:36:01:20. Physical change in or change in the method of operation defined. A physical change in or change inthe method ofoperation does notincludethe following: (1) Routine maintenance, repair, and replacement;(2) Use ofan alternative fuel or raw material because ofan order under §§ 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on January 1, 1993, orbecause ofa natural gas curtailmentplanpursuantto the Federal Power Act as in effect onJanuary 1, 1993; (3) Use ofan alternative fuel because ofan order orrule under§ 125 ofthe CleanAir Act; (4) Use at a steam generating unit of an alternative fuel that is generated from municipal solidwaste; (5) An increase in the hours of operation or in the production rate, unless the change is prohibited under a federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2009), or under regulations approved pursuant to 40 C.F.R. Part 51, SubpartI, or40 C.F.R. §51.166 (July 1, 2009); (6) Any change ofownership at a source; (7) The use ofan alternative fuel orraw material by a source which the source was capable of accommodating before January 6, 1975, unless the change is prohibited under a federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R. §52.21 (July 1, 2009), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. §51.166 (July 1, 2009); and (8) The use ofan alternative fuel or raw material which the source is approved to use under a permit issued under 40 C.F.R. § 52.21 (July 1, 2009) or under regulations approved pursuant to 40 C.F.R. §51.165 (July 1, 2009).
Source: 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.
74:36:01:21. Commenced construction defined. Commenced construction means the owner or operatorhas all necessary construction approvals orpermits andhas: (1) Begun, or caused to begin, a continuous program of actual on-site construction ofthe new source ormodificationto the existing source; or (2) Entered into abinding agreement or contractual obligation, whichcannotbe cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual constructionofthe source. Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.
CHAPTER74:36:02AMBIENTAIR QUALITY

Section 74:36:02:01 74:36:02:02 74:36:02:03 74:36:02:04 74:36:02:05 Air quality goals. Ambient air quality standards. Methods ofsampling and analysis. Airqualitymonitoringnetwork. Ambient air monitoring requirements.

74:36:02:01. Air quality goals. The air quality goals are as follows: (1) Protection ofthe public health; (2) Prevention of damage to buildings, property, animals, plants, forests, and agricultural crops;(3) Optimizationofvisibility; and (4) Minimization ofthe corrosionofor damage to metals or othermaterials.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §34:10:02:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:02:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:01, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.
74:36:02:02. Ambient airquality standards. The ambient air quality standards listed in 40 C.P.R. §§ 50.1 to 50.5, inclusive, (July 1, 2009); 40 C.P.R. §50.6 (July 1, 2009); 40 C.P.R. §50.7(a)(1), (b), and (c) (July 1, 2009); 40 C.P.R. §50.8 and 40 C.P.R. §§ 50.10 to 50.12, inclusive, (July 1, 2009), define the types and levels ofair pollution above which the ambient air would limit the attainment ofthe goals specified in §74:36:02:01. These standards apply to the entire state of South Dakota, and no person may cause these standards to be exceeded. The standards include normal background levels ofairpollutants.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §34:10:02:02, 7 SDR 4, effective July 27, 1980; transferred from §44:10:02:02, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.
74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter, sulfur dioxide, carbon monoxide, ozone, nitrogen dioxide, and lead listed in 40 C.P.R. Part 50 (July 1, 2009) shall be measured by the reference method or methods stated in 40 C.P.R. Part 50,Appendix A to Appendix N, inclusive, (July 1, 2009) or an equivalent method designated in accordance with40 C.P.R. Part 53 (July 1, 2009).
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §34:10:02:11, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:02:09, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:09, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-l-6, 34A-1-15. Law Implemented: SDCL 34A-l-15.
74:36:02:04. Air quality monitoring network. The department shall outline ambient air monitoring goals, changes, and network design in the air quality monitoring network. The department shall revise the air quality monitoring network as required by 40 C.P.R. §58.20 (July 1, 2009).
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR209, effective June 13, 2006; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.
74:36:02:05. Ambient air monitoring requirements. The operation of ambient air monitoring required by the department shall be consistent with 40 C.P.R. Part 58 (July 1, 2009). Records ofmonitoring activities and results shall be retained for aminimum ofthree years. Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR209, effective June 13, 2006; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-l-15.

Section 74:36:03:01 74:36:03:02 CHAPTER74:36:03
AIR QUALITYEPISODES

Airpollutionemergencyepisode. Episode emergency contingencyplan.

74:36:03:01. Air pollution emergency episode. The proclamation of an air pollution emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.P.R. §51.151 and Appendix L to Part 51 (July 1, 2009), ifthe accumulation of air pollutants in any place is attaining orhas attained levels which could, ifsuch levels are sustained or exceeded, lead to a substantialthreatto the health ofthe public.Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §34:10:02:22, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:02:17, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:17, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR209, effective June 13, 2006; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.
74:36:03:02. Episode emergency contingency plan. The department shall develop an episode emergency contingency plan and maintain it following the requirements in 40 C.F.R. §51.152 (July 1, 2009). The department shall reevaluate the contingency plan in accordance with the requirements in 40 C.F.R. §51.153 (July 1, 2009).
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.

Section 74:36:04:01 74:36:04:02 74:36:04:02.01 74:36:04:03 74:36:04:03.01 74:36:04:04 74:36:04:05 74:36:04:06 74:36:04:07 74:36:04:08 74:36:04:09 74:36:04:10 74:36:04:11 74:36:04:12 74:36:04:12.01 74:36:04:13 74:36:04:14 74:36:04:15 74:36:04:16 74:36:04:17 74:36:04:18 74:36:04:19 CHAPTER74:36:04
OPERATING PERMITS FORMINORSOURCES

Applicability. Minor source operatingpermitrequired. Minor source operatingpermit exemption. Emission unit exemptions. Minor source operatingpermitvariance. Standard for issuance o aminor source operatingpermit. Timeperiod for operatingpermits andrenewals. Timely and complete application for operatingpermitrequired. Required contents ofcomplete applicationfor operatingpermit. Applicantrequired to supplementorcorrect application. Permit application

-- Completenessreview. Timeperiod for department's recommendation. Repealed. Publicparticipationin permittingprocess. Publicreview ofdepartment's draftpermit. Final permit decision-- Notice to interestedpersons. Right to petition for contested case hearing. Contents ofoperating permit. Operatingpermit expiration. Renewal ofoperatingpermit. Operatingpermitrevision. Administrativepermitamendment.74:36:04:20 74:36:04:20.01 74:36:04:20.02 74:36:04:20.03 74:36:04:20.04 74:36:04:21 74:36:04:22 74:36:04:23 74:36:04:24 74:36:04:25 and 74:36:04:26 74:36:04:27 74:36:04:28 74:36:04:29 74:36:04:30 74:36:04:31 74:36:04:32 74:36:04:33 Procedures for administrative permit amendments. Minorpermitamendmentrequired. Requirements for minorpermit amendment. Applicationfor minorpermit amendment. Department deadline to approve minorpermit amendment. Permitmodifications. Source status change-- Newpermitrequired. Reopening operatingpermit for cause. Proceduresto reopen operatingpermit. Repealed. Operatingpermittermination, revision, and revocation. Notice ofoperating noncompliance

-- Contents. Petitionfor contestedcase on alleged violation. Repealed. Circumventionofemissions not allowed. General permits. Secretarymay require anindividual permit.

74:36:04:01. Applicability. Therequirements ofthis chapter applyto all minor sources. Source: 19 SDR 157, effectiveApril22, 1993. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.
74:36:04:02. Minor source operating permit required. A person may not operate any source or unit likely to cause the emission ofair pollutants into the ambient air or any equipment that prevents or controls the emission of air pollutants into the ambient air until a construction permitor minor source operatingpermithasbeenissuedbythe boardorthe secretary. Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:03.01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:08, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:08, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:02.01. Minor source operating permit exemption. The following sources are exemptfrom obtaining aminor source operatingpermit: (1) A source that has the potential to emit 25 tons or less per year ofany criteria pollutant, exceptlead, before the application ofcontrol equipment; and (2) Any other source constructed for domestic purposes and not intended for use by an industry, manufacturer, orbusiness.
Source: 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21.Law Implemented: SDCL 34A-l-21.
74:36:04:03. Emission unit exemptions. The following emission units are exempt from inclusion in a minor source operating permit unless the source has requested federally enforceable permit conditions related to the emission unit to avoid needing a Part 70 operating permit, PSD preconstructionpermit, orNSRpreconstructionpermit: (1) One or more incinerators ofless than 100 pounds per hour combined burning capacity that combustmunicipal orhousehold waste; (2) A mobile internal combustion engine, including those in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipmentused exclusively for chemical orphysical analysis; (4) A unit that has a heat input capability ofnot more than 3,500,000 Btus per hour, except for units fueled with wood orcoal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, orpavingparking lots; and (7) A unit that has the potential to emit two tons or less per year ofany criteria pollutant

·before the application of control equipment. However, the criteria pollutant emissions from the

unit must be included in determining whetherthe source is a minor source. An emission unit that is exempt from permitting must still meet the visible em1sswn restriction in§ 74:36:12:01.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §34:10:01:16,7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:25, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:01:25, 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 April4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-1-21.
Cross-References: Operating permits for Part 70 sources, ch 74:36:05; Prevention of significantdeterioration, ch 74:36:09.
74:36:04:03.01. Minor source operating permit variance. The owner or operator of a minor source may request a variance from applicable emission standards. The variance allows the minor source to operate in noncompliance with applicable emission standards. A minor source is eligible for a variance if it is located within an area that is in attainment for all regulated air pollutants for which the source is requesting a variance. The minor source may not receive a variance ifthe source obtained a minor source operating permit by accepting federally enforceable permitconditions to preventthe source from needing aPart 70 operatingpermit.
The owner or operator desiring to obtain a variance must submit an application. The application must include the same provisions required by §74:36:04:07, the requirements and a compliance plan for which a variance is requested, and the facts relevantto establishingthe burdenofproofrequired under SDCL 34A-1-27. The compliance plan must outline the steps that will be takento come into compliance and the completion date for each step.
The board shall hold a hearing on the department's recommendation on a request for a variance. Any person affected by the recommendation or any person interested in testifying either for or againstthe department'srecommendationmay submitwrittencomments to the department or present oral testimony before the board at the hearing. After the hearing is closed, the board may amend and approve, deny, oradoptthe department's recommendation.
Source: 23 SDR 106, effective December 29, 1996; 31 SDR 101, effective January 2, 2005; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-19, 34A-1-24. Law Implemented: SDCL 34A-1-12, 34A-1-19, 34A-1-24.
Cross-Reference: Operatingpermits for Part70 sources, ch74:36:05.
Note: The procedural requirements for obtaining a variance are similar to the procedural requirements for obtaining a minor source operating permit, such as a timely and complete application, completeness review, statement of basis, public participation, and department recommendation, as outlinedin§§ 74:36:04:06 to 74:36:04:12, inclusive.
74:36:04:04. Standard for issuance of a minor source operating permit. An operating permit for a source orpermitrevision may be issued only ifithas been shownthat the operation of the source or permit revision will not prevent orinterfere withthe attainment or maintenance ofan applicable national ambient air quality standard. Compliance with this requirement as determined by air pollution dispersion modeling is not affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.F.R. §51.100 (July 1, 2009). Each source must comply with emission limits and other requirements ofthe act and the Clean Air Act. The minor source operating permit must include reasonable conditions, including adherence to plans and specifications, to assure compliance with the act, the Clean Air Act, and any other conditionsjustifiedunder SDCL 34A-1-19.
Source: 2 SDR 40, effective December 7, 1975; transferred from §34:10:01:08.02; transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May 21, 1986; 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; transferredfrom§ 74:26:01:12, 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-1-21.
74:36:04:05. Time period for operating permits and renewals. An operating permit for a minor source shall be issued for aperiodup to five years and all subsequentoperatingpermits shall be for aperiod offive years. Source: 2 SDR 40, effective December 7, 1975; transferred from §34:10:01:21.04; transferred from§ 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1,1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:32, 19 SDR 157, effective April 22, 1993. GeneralAuthority: SDCL 34A-1-6, 34A-1-21, 34A-1-24. Law Implemented: SDCL 34A-1-21, 34A-1-24.
74:36:04:06. Timely and complete application for operating permit required. A person who owns or operates a source required to have a minor source operating permit shall submit a timely and complete application. An application is timely ifit meets the time limits specified in this section. An application is complete ifit meetstherequirements in§ 74:36:04:07.
A minor source applying for an initial operating permit shall submit a complete application to the department within 12 months after commencing operation. A minor source applying for a permit modification shall submit a complete application to the department within 12 months after commencing operation ofthe emissionunit(s) involved with the modification.
A minor source applying for renewal of an operating permit shall submit a complete application 90 days before the date ofpermit expiration. Ifan existing source submits a timely and complete application for renewal ofan operatingpermit withinthis time limit, the source's existing permit does not expire until the renewal permit has been issued or denied. The terms and conditions of the existing permit remain in effect until the renewal permit has been issued or denied.
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; 36 SDR 207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.
Note: A minor source applying for an initial operating permit or apermit modification must obtain a construction permit in accordance with chapter 74:36:20 before commencing construction ofthe source orpermit modification.
74:36:04:07. Required contents of complete application for operating permit. An application for an operating permit for a minor source or permit modification must include the following informationto be considered acomplete application: (1) General company information, including the company name and address or the plant name and address ifdifferent from the company name, the owner's name and agent, and the plant site manager orcontact; (2) A description ofthe plant and its processes and products; (3) The following information on emissions: (a) Identification and description ofall emissionunits; (b) Fuels, fuel use, rawmaterials, andproductionrates; (c) Identification and description ofairpollutioncontrol equipment; (d) Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated airpollutants;(e) Other information required by any applicable requirements, including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height, diameter, and plume temperature, for all pollutantsregulated atthe source; (4) A copy ofany prepared plans and the specifications ofany equipment or other facilities which may affectthe source, includingpollutioncontrol devices; (5) An abatement strategiesplan, ifrequiredbychapter74:36:03; (6) A signed and notarized certificationofapplicant form; (7) The results ofany air dispersionmodelingrequiredbythe department; (8) The results ofany stackperformancetestingrequiredbythe department; (9) Any other information requested by the department which is relevant to determining compliance withthe act orthe CleanAirAct.
The application must be signed by the responsible official or designated representative. An application for the renewal ofan operating permit may refer to a previously submitted application ifthere are no operational changes.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:04.01,34:10:01:06,7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:09, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:09, 19 SDR 157, effective April22, 1993; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.
74:36:04:08. Applicant required to supplement orcorrect application. Ifthe applicant is aware that the application is incomplete or that any relevant facts or information contained in an application are incorrect, the applicant shall submit the supplementary facts or corrected information. The applicant shall provide additional information as necessary to address requirements that become applicable after the application is filed but prior to the release ofthe draftpermit.
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.
74:36:04:09. Permit application
-- Completeness review. The department shall conduct a completeness review ofeachpermitapplicationreceived, as follows: (1) Within 30 days after submission of an application for an initial operating permit, a permit modification, or a renewal ofan operating permit for a minor source, the department shall notify the applicant in writing whether or not the application is complete or incomplete. Ifthe department does not notify the applicant that the application is incomplete within 30 days after receipt ofthe application, the application is considered complete. The department may at any time during the processing ofthe application request, in writing, additional information necessary to evaluate ortake final action onthe application;(2) If the application is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to complete the application. The applicant has 20 working days after receipt ofan incomplete notification or request for additional information to submit the information, unless an extension beyond the 20 working days is approved by the department; and (3) The department shall determine the adequacy of the applicant's response to each incomplete item within 15 days after receipt of the response and shall notify the applicant in writing ifthe application is or is notcomplete.
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21.
74:36:04:10. Time period for department's recommendation. The department shall recommend issuance or denial ofan operating permit, a permit modification, or a renewal for an operating permit for a minor source within 90 days after the submission ofa complete application and all other additional information necessary for the department to make an informed decision. A recommendationto issue apermit shall include adraftpermitwith appropriate conditionsto ensure compliance with the act and Clean Air Act. Failure ofthe department to act on an application entitles the applicant to petition for and obtain a contested case review ofthe application without waiting for a department recommendation. The petition must conform to the requirements of article 74:09.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:08.01, 34:10:01:11, 7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:11, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from §74:26:01:11, 19 SDR 157, effective April22, 1993; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:11. Department's recommendation on operatingpermit. Repealed.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.02,7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:36, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:36, 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April 4, 1999; repealed, 36 SDR207, effective June 28, 2010.
74:36:04:12. Public participation in permitting process. The department shall mail a copy ofthe draft permit for a minor source to the applicant. The department shall publish a public notice ofthe draft permit once in a legal newspaper in the county where the source is located. The notice must include a brief statement describing the source and where it is located; the department's recommendation and the reasons for it; the activity or activities involved in thepermit action; the emissions change involved in any permit modification; a statement that a person may submit comments or contest the draft permit within 30 days after the publication ofthe notice; describe the procedures a person must follow to contest the draft permit and request a hearing inaccordance with article 74:09; and a statement describing where copies ofthe draft permit or other informationmay be obtained. The department shall provide to the interestedparties a 30-daynotice ofany hearing to contest a draftpermit.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02,34:10:01:22.03,7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:37, 19 SDR 157, effective April22, 1993; 25 SDR 123, effectiveApril4, 1999; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 1-26-27, 34A-1-21, 34A-1-30.
74:36:04:12.01. Public review ofdepartment's draft permit. During the public comment period, any interested person may submit written comments on the draft permit or request a contested case hearing. All comments will be considered in making a final permit decision on the draftpermit as providedin§ 74:36:04:13. Arequest for acontestedcase hearing mustbe inwriting and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are not based on applicable requirements ofthis article or the requirements ofthe CleanAirAct.
Source: 25 SDR 123, effectiveApril4, 1999; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21
74:36:04:13. Final permit decision-- Notice to interested persons. The department shall make its final permit decision within 30 days ofthe end ofthe public comment period on a draft permit. The department shall notify, in writing, the applicant and each person that submitted written comments or requested notice of the final permit decision. The notice shall include reference to the procedures for contesting the final permit decision and requesting a hearing in accordance with article 74:09. For the purpose ofthis section, the final permit decision means proposing apermit, denying apermit, orterminating apermit.
The final permit will be issued within 30 days ofnotifying the applicant and eachpersonthat submitted written comments or requested notification ofthe final permit decision except under the following conditions: (1) A latereffective date is specified inthe final permitdecision; (2) A contested casehearing is requested; or (3) No comments or request for changes in the draft permit were received during the public notice period on the draft permit. In this case, the draft permit automatically becomes the final permit decision and the final permitis issued atthe end ofthe public noticeperiod.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.04, 7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:38, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:38, 19 SDR157, effective April22, 1993; 25 SDR 123,effectiveApril4, 1999; 36 SDR207, effective June 28, 2010.

### GeneralAuthority: SDCL 34A-1-6, 34A-1-21. 

### Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.


### 74:36:04:14. Right to petition for contested case hearing. The applicant or interested person may petitionthe board and obtain a contested case hearing to dispute the department's draft permit. Any other person may petition to intervene and request a hearing ifthe person has an interest affected by the department's draft permit. Such petitions must comply with the provisions ofarticle 74:09 and be received by the department within 30 days after publication ofthe notice requiredby §74:36:04:12.
The applicant or an interested person that comments on the draft permit may petition the board for and obtain a contested case hearing to dispute the department's final permit decision. Such petitions must comply with the provisions ofarticle 74:09 andbe received bythe department within 30 days afterreceivingthe department's final permitdecision.
Ifthe draft permit or the final permit decision is contested, the department shall present the draftpermit orfinal permitdecisiontothe boardfor actionin accordancewitharticle 74:09.


### Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.05,7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from§ 74:26:01:39, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April4, 1999. 

### GeneralAuthority: SDCL 34A-1-6, 34A-1-21. 

### LawImplemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.


### 74:36:04:15. Contents ofoperating permit. An operating permit for a minor source shall include the following: (1) The signature ofeitherthe secretaryorthe chairman; (2) The name ofthe person, company, political subdivision, agency, or institution granted a permit; (3) The type ofoperation; (4) The facility andmailing address; (5) The date the operatingpermitwas granted and onwhichit will expire; (6) A number for administrative reference; (7) The name ofa designatedpersonorofficerresponsible for the source's operation; (8) A statement granting an operating permit by the board or secretary and any conditions thatthe board orsecretarymay imposeto ensure compliance withthe act andthe CleanAirAct; (9) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements ofthe act and the CleanAirAct; (10) Monitoring andrelated recordkeeping andreportingrequirements; (11) A severability clause to ensure the continued validity of the various permit requirements ifanyportions ofthepermitare challenged; and (12) Provisions statingthe following:(a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, permit termination, revocation and reissuance, permitrevision, ordenial ofapermitrenewal application; (b) The operating permit may be revised, revoked and reissued, reopened, or terminated for cause; (c) The operating permit does not convey any property rights ofany sort or any exclusive privilege; and (d) The permittee shall provide any information, including records, requested in writing by the department to determine whether cause exists for revising, revoking and reissuing, reopening, orterminatingthe permitorto determine compliance.
Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:22.10, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:44, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:01:44, 19 SDR 157, effective April22, 1993; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21, 34A-1-30.
74:36:04:16. Operating permit expiration. Operating permit expiration terminates the source's right to operate under the minor source operating permit unless a timely and complete renewal applicationhas been submittedto the department.
Source: 19 SDR 157, effectiveApril22, 1993; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:17. Renewal ofoperating permit. Permits being renewed are subject to the same procedural requirements in§§ 74:36:04:06 to 74:36:04:14, inclusive, as the original minor source operatingpermitissuance.
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:18. Operating permit revision. An operating permit for a minor source may be revised at any time by the submittal ofan application. The application must specify whether the requested revision is an administrative permit amendment, minor permit amendment, or a permit modification with supporting documentation. The application must contain the necessary information required for an administrative permit amendment, minor permit amendment, orpermit modification.
Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 SDR207, effective June 28,2010.General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:19. Administrative permit amendment. An administrative permit amendment may be issued for a revision to an operatingpermit meeting the requirements of§ 74:36:01:03. An application for an administrative permit amendment shall contain a description ofthe change and documentation supporting the applicant's claim the revision qualifies as an administrative permit amendment.
Source: 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:20. Procedures for administrative permit amendments. The source may implement a proposed revision that is considered an administrative permit amendment immediately upon notifying the department. The department shall determine whether an administrative permit amendment is applicable to the proposed revision within 15 days of receiving a request for a permit revision. The department shall issue administrative permit amendments withoutthe procedural requirements applicable to obtaining apermitmodification.
Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effectiveJune 28,2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:20.01. Minor permit amendment required. A minor permit amendment is an amendment to an existing minor source operating permit and is issued by the secretary. A source may request a minor permit amendment under §§ 74:36:04:20.02 to 74:36:04:20.04, inclusive, for a change that does not constitute a modification and is not prohibited under any applicable requirementunder Title Iofthe CleanAirAct.
Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 36 SDR 207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.
74:36:04:20.02. Requirements for minor permit amendment. A minor permit amendment may be issued by the secretary if the proposed revision meets the following requirements: (1) Itdoes not violate any applicable requirement; (2) It does not involve significant changes to existing monitoring, reporting, or record keeping requirements in the permit; (3) It does not require or change a case-by-case determination ofan emission limit or other standard, a source-specific determination for temporary sources ofambient impacts, or a visibility orincrement analysis;(4) It does not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a modification under any provision ofTitle I, or an alternative emissions limit approved pursuant to regulations promulgatedunder§ 112(i)(5) ofthe CleanAirAct; and (5) Itdoes not constitute amodificationunderTitle Iofthe CleanAir Act.
Source: 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:20.03. Application for minor permit amendment. An application for a minor permit amendment shall include the following: (1) A description ofthe proposed change, the resulting change in emissions, and any new applicable requirements; (2) The source's suggested draftpermit; and (3) Certification by a responsible official that the proposed revision meets the applicable requirements ofaminorpermitamendment.
Source: 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:20.04. Department deadline to approve minor permit amendment. The department shall take the following final action on a proposed minor permit amendment within 90 days afterreceipt ofa complete applicationfor the amendment: (1) Issue the minorpermit amendment as proposed; (2) Deny the minorpermit amendment application; or (3) Determine that the requested minor permit amendment should be processed as a permit modification.
The source may implement aproposedrevision that is considered aminorpermit amendment seven days after submitting a complete application. The secretary shall issue minor permit amendments withouttheproceduralrequirements applicableto obtaining apermitmodification.
Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-l-21. Law Implemented: SDCL 34A-l-21.
74:36:04:21. Permit modifications. Permit modifications are subject to the same procedural requirements in §§ 74:36:04:06 to 74:36:04:14, inclusive, as the original operating permit issuance as long as the source remains a minor source. However, the required review shall coveronlythe proposedchangesratherthanthe unchanged activities ofthepermittee.Source: 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:22. Source status change-- New permit required. Ifa minor source becomes a Part 70 source because ofarelaxation in a federally enforceable limit on the capacity ofthe source or modification as defined in §74:36:01:10, the requirements ofchapter 74:36:05 apply to that source as though it were a single new source and the owner or operator shall obtain the applicable permit.
Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from §74:26:01:02.02, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.
74:36:04:23. Reopening operating permit for cause. The department may reopen an operating permit for further review ifthe department determines thatthe permit contains amaterial mistake in establishing the emissions standards or limits or other requirements ofthe operating permit or the department determines that the operating permit must be revised to ensure compliance withthe applicable requirements ofthis article and the CleanAirAct.
Source: 19 SDR 157, effective April22, 1993; 36 SDR207, effective June 28,2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:24. Procedures to reopen operating permit. The department shall notify the source at least 30 days before reopening an operating permit issued to the source. The department may reopen a permit in a shorter time in an emergency. The procedures to reopen an operating permit shall follow the procedural requirementsto issue an initial permit and shall affect onlythose parts ofthe permit for which causeto reopen exists.
Source: 19 SDR 157, effectiveApril22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:25. General permit. Repealed.
Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 29, 1996.
74:36:04:26. General permit-- Notice ofintent. Repealed.
Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 29, 1996.74:36:04:27. Operating permit termination, revision, and revocation. The board, upon recommendation by the secretary, may terminate, revise, or revoke an operating permit for a violation ofthis article ornonpayment ofany outstanding enforcementpenalty.
Source: 19 SDR 157, effective April22, 1993; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:04:28. Notice of operating noncompliance

-- Contents. If the department determines that the operation ofa source is not in compliance with this article, the Clean Air Act, or permit conditions, the department may issue a notice ofsuch a finding to the permit holder or operator ofthe source. The notice must contain citations to the rules, statutes, orpermit conditions violated and the alleged facts upon which the determination is based. The secretary, with the concurrence of the alleged violator, may settle an issue of noncompliance by entering into a compliance agreement withthe source that specifiesthe date for final compliance ofthe source and any penalties under SDCL 34A-1-39. If a compliance agreement can not be negotiated, the department may petition the chairman ofthe board for a contested case hearing or may file a civil penalty orinjunctive action in circuitcourt.
Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:39, 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:47, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from §74:26:01:47, 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 1-26-20, 34A-1-53.
74:36:04:29. Petition for contested case on alleged violation. In accordance with §74:36:04:28, the department may file a petition containing the information required in article 74:09 with the chairman to request an order directing corrective action, that an enforcement hearing be scheduled pursuant to the provisions of chapter 74:09:01, or that the permit be suspended orrevoked for noncompliance.
Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:40,7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from §74:26:01:48, 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-47, 34A-1-49.
74:36:04:30. Stackperformancetests required. Repealed.
Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 29, 1996.
74:36:04:31. Circumvention ofemissions not allowed. A person may not install or cause the installationoruse ofadevice or ameans whichconceals or dilutes an emissionofair pollutants that would otherwise violate this article or the Clean Air Act. This includes operating a source,unit, or control device which emits pollutants into the ambient air from an opening other than the stack, vent, orequivalentopening from whichthey were designedto be emitted.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:03, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:07, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:07, 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:04:32. General permits. The secretary may issue a general permitto a category ofair pollution sources thatmeetsthe following: (1) Involvethe same or substantially similartypes ofoperations; (2) Require the same or similartype ofair emission limits; and (3) Require the same or similarrecordkeeping and monitoring.
Ifa general permit has been issuedby the secretary, all sources coveredby the generalpermit shall apply for permission to operate under the general permit. Such sources may not be constructed or operate until they are granted coverage underthe general permit, oruntil they obtain an individual permit ifrequiredbythe secretary. Source: 30 SDR 26, effective September 1, 2003; 36 SDR207, effective June 28, 2010. General Authority: SDCL 34A-1-21. Law Implemented: SDCL 34A-1-56.
Note: The procedural requirements for obtaining a general permit under this chapter are similar to the procedural requirements for a minor source, such as a timely and complete application, completeness review, public participation, and departmental recommendation, as outlined in§§ 74:36:04:06 to 74:36:04:14, inclusive.
74:36:04:33. Secretary may require an individual permit. The secretary may require any source applying for a general permit or operating under a general permitto apply for and obtain an individual air quality permit. Individual air quality permits may be required at the discretion ofthe secretary, includingunderthe following circumstances; (1) The owner or operator is not in compliance with the conditions ofits existing individual airpermitpriorto applying for the general permit; or (2) The owneror operator is notin compliance withthe conditions ofthe general permit.
Source: 30 SDR26, effective September 1, 2003. General Authority: SDCL 34A-1-21. Law Implemented: SDCL 34A-l-56.
CHAPTER74:36:05
OPERATING PERMITS FORPART 70 SOURCESSection 74:36:05:01 74:36:05:02 74:36:05:03 74:36:05:03.01 74:36:05:04 74:36:05:04.01 74:36:05:05 74:36:05:06 74:36:05:06.01 74:36:05:07 74:36:05:08 74:36:05:09 74:36:05:10 and 74:36:05:11 74:36:05:12 74:36:05:13 74:36:05:14 74:36:05:15 74:36:05:16 74:36:05:16.01 74:36:05:17 74:36:05:18 74:36:05:19 74:36:05:20 74:36:05:20.01 74:36:05:20.02 74:36:05:20.03 74:36:05:21 74:36:05:21.01 74:36:05:22 74:36:05:23 74:36:05:24 74:36:05:25 to 74:36:05:27 74:36:05:28 74:36:05:29 74:36:05:30 74:36:05:31 74:36:05:32 74:36:05:33 74:36:05:34 74:36:05:35 74:36:05:36 74:36:05:37 74:36:05:38 74:36:05:39 74:36:05:40 Applicability. Part 70 operatingpermitrequired. Sourcesrequired to obtainaPart 70 operatingpermit. Repealed. Sources exemptfrom obtaining a Part 70 operatingpermit. Insignificant activities. Transferred. Standard for issuance ofa Part 70 permit. Fees required for operatingpermit. Timeperiodfor operatingpermits andrenewals. Timely and complete applicationfor operatingpermitrequired. Complete application. Transferred. Required contents ofcomplete application. Applicantrequiredto supplementorcorrect application. Repealed. Deadline for final action onpermitapplication. Statementofbasis for recommendedpermit conditions. Operatingpermitrequirements. Publicparticipationinpermittingprocess. Public and affected state reviewofdraftpermit. Transferred. Repealed. Finalpermitdecision-- Noticeto interestedpersons. Petitions for contested case hearing. EPAreview ofPart 70 operatingpermit. EPA objectionto issuance ofoperatingpermit. Departmentresponse to EPA objection. Departmentfailure to meet EPAobjectiondeadline. Publicpetitionto EPA onthe final permit. Repealed. Transferred. Permitexpiration. Permitrenewal. Permitflexibility. Permitamendment

-- Applicationrequired. Administrativepermitamendmentrequired. Procedure for administrativepermitamendments. Minorpermitamendmentrequired. Requirements for minorpermitamendments. Applicationfor minorpermitamendment. Notification ofEPA and affected states required. Departmentdeadline to approve minorpermit amendment. Permitmodifications. Reopening operatingpermit for cause.74:36:05:41 74:36:05:42 74:36:05:43 74:36:05:44 74:36:05:45 74:36:05:46
74:36:05:47 74:36:05:47.01 74:36:05:48 74:36:05:49 74:36:05:50 74:36:05:51 74:36:05:52 Proceduresto reopenpermit. Reopeningpermitfor causebyEPA. EPA reviewofproposed determination. Departmentfailure to submitproposed determination. Repealed. Permit termination, modification, revocation, and reissuance by department. Notice ofoperating noncompliance-- Contents. Circumventionofemissions not allowed. Petition for contestedcase onalleged violation. Repealed. Federal enforceabilityofpermit conditions. General permits. Secretarymayrequire anindividual permit.

74:36:05:01. Applicability. The requirements ofthis chapter applyto all Part 70 sources. Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-l-21.
74:36:05:02. Part 70 operating permit required. A person may not operate any source or unit likely to cause the emission of air pollutants into the ambient air or any equipment which prevents or controls the emission ofair pollutants into the ambient air until a construction permit, PSD preconstruction permit, NSR preconstruction permit, or Part 70 operating permit has been issued bythe board orthe secretary. Source: 19 SDR 157, effective April 22, 1993; second paragraph transferred from §74:36:05:05,20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-l-21. Law Implemented: SDCL 34A-l-12, 34A-1-21.
Cross-References: Sources exempt from obtaining a Part 70 operating permit, §74:36:05:04; Timely and complete application for operatingpermitrequired, §74:36:05:08.
74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required to obtain aPart 70 operatingpermitinclude the following: (1) Any major source; (2) Any source, including an area source, subject to a standard or regulation promulgated under§ Ill ofthe CleanAirAct unless otherwise specified in chapter74:36:07;(3) Any source, including an area source, subject to a standard or regulation promulgated under § 112 ofthe Clean Air Act, except for a source that is solely subject to the regulations or requirements of§ 112(r) orunless otherwise specified in chapter 74:36:08; (4) Any affected source subjectto Title IV oftheCleanAirAct; and (5) Any source in a source category designated by the administrator ofthe EPA through the CleanAirActpursuantto Title V ofthe CleanAir Act.
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.
74:36:05:03.01. PSD orNSRpreconstruction permit required. Repealed.
Source: 19 SDR 157, effective April22, 1993; transferred from§ 74:36:05:10, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; repealed, 36 SDR 207, effective June 28, 2010.
74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The following sources are exemptfrom obtaining aPart 70 operatingpermit: (1) All sourcesthat are not included in§ 74:36:05:03; (2) Sources that operate a unit subject to 40 C.P.R. 60, Subpart AAA-Standards of Performance for New Residential Wood Heaters (July 1, 2009) are exempt from the obligation to obtain a Part 70 operating permit ifthe source is not required to obtain a Part 70 operating permit for areason otherthanthe source is subjectto SubpartAAA. Exempted sources must still meetthe applicablerequirements in SubpartAAA; or (3) Sources that operate a unit subject to 40 C.P.R. § 61.145, Standard for Demolition and Renovation (July 1, 2009) are exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §61.145 (July 1, 2009). Exempted sources must still meet the applicable requirements in 40 C.P.R. § 61.145 (July 1, 2009).
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.
74:36:05:04.01. Insignificant activities. The following emission units are considered insignificant activities and are exempt from inclusion in a Part 70 operating permit unless the source has requested federally-enforceable permit conditions related to the insignificant activity to avoidneeding a PSDpreconstructionpermitorNSRpreconstructionpermit:(1) One or more incinerators ofless than 1 00 pounds per hour combined burning capacity that combustmunicipal orhousehold waste; (2) A mobile internal combustion engine, including engines in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratoryequipment used exclusively for chemical orphysical analysis; (4) A unit that has a heat input capability ofnot more than 3,500,000 Btus per hour, except for units fueled with wood or coal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, orpavingparking lots; (7) A unit that has the potential to emit two tons or less per year ofany criteria pollutant before the application of control equipment. However, the criteria pollutant emissions from the unit mustbe included in determining whetherthe source is a major source; and (8) A unit that has the potential to emit two tons or less per year of any hazardous air pollutant. However, the hazardous air pollutant emissions from the unit must be included in determining whether the source is a major source. A unit may not be considered insignificant ifa state orfederal limitis applicableto the unit. However, insignificant activities exempted because of size or production rate must be identified in the Part 70 operating permit application. An application may not omit information needed to determine the applicability oforto impose an applicablerequirement.
Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR207, effective June 28,2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.
74:36:05:05. Transferred to §74:36:05:02.
74:36:05:06. Standard for issuance ofa Part 70 operating permit. A Part 70 operating permit for a source orpermitrevision may be issued only ifithas been shownthatthe operation of the source orpermitrevision will notprevent orinterfere with the attainment ormaintenance ofan applicable ambient air quality standard. Compliance with this requirement as determined by air pollution dispersion modeling is not affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.P.R.§ 51.100 (July 1, 2009). Each source must complywith emission limits and other requirements ofthe act and the Clean Air Act. A Part 70 operating permit must include reasonable conditions, including adherence to plans and specifications, to assure compliance with the act, the Clean Air Act, and any other conditions justifiedunder SDCL 34A-1-19.
Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May 21, 1986; 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§ 74:26:01:12, 19 SDR 157, effectiveApril22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR209, effective June 13, 2006; 36 SDR207, effective June 28,2010.

### GeneralAuthority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-1-21.
74:36:05:06.01. Fees required for operatingpermit. The applicant for aPart 70 operating permit and the owner or operator ofa source with a Part 70 operating permit shall submit a fee in accordance with article 74:37.
Source: 19 SDR 157, effective April22, 1993; transferred from§ 74:36:05:11, 20 SDR 125, effective February 9, 1994; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-57, 34A-1-58. LawImplemented: SDCL 34A-1-58.
74:36:05:07. Time period for operating permits and renewals. A permit for an affected source under Title IV ofthe CleanAir Act shall be for afixed term offive years. Operatingpermits for all Part 70 sources shall be issued for a period up to five years, and all subsequent operating permits shall be for a period offive years. A permit issued for a solid waste incinerator subject to the requirements of§ 129(e) ofthe Clean Air Act shall be for a period notto exceed 12 years and shall be reviewedbythe department every five years. Source: 2 SDR 40, effective December 7, 1975; transferred from §34:10:01:21.04; transferred from§ 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:32, 19 SDR 157, effective April22, 1993; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21, 34A-1-24. Law Implemented: SDCL 34A-1-21, 34A-1-24.
74:36:05:08. Timely and complete application for operating permit required. A person who owns or operates a Part 70 source required to have an operating permit must submit a timely and complete application. An application is timely if it meets the time limits specified in this section. An

### application is complete ifitmeets the requirements in§§ 74:36:05:12 and 74:36:05:13. The time limits are set as follows: (1) 

### A source applying for its initial Part 70 operating permit must submit a complete applicationto the department within 12 months after commencing operation; (2) A Part 70 source applying for apermit modification shall submit a complete application to the department within 12 months after commencing operation ofthe emission units involved withthe modification; (3) A Part 70 source applying for renewal ofan operating permit must submit a complete application six months before the date of permit expiration. If a source submits a timely and complete application for renewal of a permit, the terms and conditions of the existing permit remain in effect until the renewal permit has been issued or denied. This right to operate pending action on an application is extinguished ifthe applicant fails to submit on time the information identified in§ 74:36:05:12; (4) Part 70 sources required to obtain approval under § 112(g) ofthe CleanAir Act orhave a PSD preconstruction permit or NSR preconstruction permit must file a complete application toobtain a Part 70 operatingpermit or a permitmodification, whicheveris applicable, for the Part 70 source within 12 months after commencing operation. Ifan existing operatingpermit for a Part70 source would prohibit such construction or the change in operation, the source must obtain the applicable constructionpermit, PSDpreconstructionpermit, orNSRpreconstructionpermitbefore commencing operation; (5) Applications for initial phaseII acid rainpermits mustbe submittedto the departmentby January 1, 1996, for sulfurdioxide andbyJanuary 1, 1998, for nitrogen oxides; and (6) An existing municipal solid waste landfill that meets the requirements of subdivisions 74:36:07:34(1) and (2) is required to submit a Part 70 operating permit application within 15 months ofthe effective date ofEPA's approval ofthe state's § Ill(d) planrequired in the CleanAir Act.
Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.
Note: A Part 70 source applying for an initial operatingpermitorapermitmodificationmust obtain a construction permit in accordance with chapter 74:36:09, 74:36:10, or 74:36:20 before commencing construction ofthe source orpermitmodification.
74:36:05:09. Complete application. The department shall determine completeness of an application for an initial Part 70 operating permit, permit modification, or renewal of a Part 70 operating permit within 60 days after its receipt and shall notify the applicant in writing of its determination. Ifthe department does not notify the applicant that the application is incomplete within 60 days afterreceipt ofthe application, the applicantmayconsidertheapplicationcomplete. At any time during the processing of the application, the department may request, in writing, additional informationnecessaryto evaluate ortake final action onthe application.
If the application is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to complete the application. The applicant has 20 working days after receipt ofan incomplete notification or request for additional information to submit the information, unless an extension beyond the 20 working days is approved by the department. The department shall determine the adequacy of the applicant's response to each incomplete item within 20 days after receipt ofthe response and shall notify the applicant inwriting ifthe application is oris not complete.
Once a designated representative submits a timely and complete acid rain permit application, the owners or operators of the affected source and the affected units covered by the permit application are considered in compliance with the requirementto have an acid rainpermituntil the final permit is issued, ifany requested additional information is submitted during the permitting process. Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effectiveApril4, 1999; 36 SDR207, effectiveJune 28, 2010.GeneralAuthority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:10. Transferred to§74:36:05:03.01.
74:36:05:11. Transferred to§74:36:05:06.01.
74:36:05:12. Required contents of complete application. An applicant for an operating permit for a Part 70 source or permit modification must submit the following information for the applicationto be considered complete: (1) General company information, including the company name and address or the plant name and address ifdifferent from the company name, the owner's name and agent, and the plant site manager or contact; (2) A plant description in terms ofthe processes and products identified by the Standard Industrial Classification Code, 1987, including any associated with each alternate scenario identifiedbythe source; (3) The following information onemissions: (a) All emissions of pollutants for which the source is major and all em1sswns of regulated air pollutants. The applicant must describe all emissions of regulated air pollutants emitted from any emissions unit, exceptwhen suchunits are exempt; (b) Identification and description ofall emission units described in subsection (a) ofthis subdivision in sufficient detail to establish the basis for fees and the applicability ofrequirements ofthe CleanAirAct; (c) Emissions rates in total tons per year and in any other terms necessary to establish compliance consistentwiththe applicable standardreference testmethod; (d) Fuels, fuel use, rawmaterials, productionrates, andoperating schedules; (e) Identification and description of air pollution control equipment and compliance monitoring devices or activities; (f) Limits on source operation affecting emissions or any work practice standards, as applicable for all regulated airpollutants; (g) For all pollutantsregulated atthe source, other informationrequiredby any applicable requirements including information related to stack height limits, such as the location ofemissions units, flow rates, building dimensions, and stackparameters, including height diameter, and plume temperature; and (h) Calculations onwhichthe items inthis subdivision are based;(4) One copy of any prepared plans and the specifications of any equipment or other facilities thatmayaffectthe source, includingpollutioncontrol devices; (5) An abatement strategiesplan, ifrequiredbychapter74:36:03; (6) A signedandnotarized certification ofapplicant form, as providedbythe department; (7) The results ofany air dispersion modeling or stack performance testing required by the department; (8) Citation and description of all applicable air pollution control emission limit requirements; (9) A review offugitive emissions included in the same manner as stack emissions, whether ornotthe source is includedinthe list ofsources containedinthe definition ofmajor source; (10) A description oforreference to any applicable test method for determining compliance with each applicable requirement; (11) Any additional information that may be necessary to implement and enforce other requirements ofthe Clean AirActorto determinethe applicabilityofsuchrequirements; (12) Anexplanationofanyproposedexemptions from otherwise applicable requirements; (13) The use of standardized forms for acid rain portions of permit applications and complianceplans; (14) Information necessary to define reasonably anticipated alternative operating scenarios, to define permit terms and conditions pursuant to § 74:36:05:30, or to implement a federally enforceable emissioncap; (15) A compliance plan that contains all ofthe following and is at least as stringent as that contained in anyjudicial consent decree oradministrative orderto whichthe source is subject: (a) A description ofthe compliance status ofthe source for all applicable requirements, including applicable requirements that will become effective duringthe term ofthepermit; (b) A description ofthe requirements for which the source is not in compliance at the time ofpermit issuance and a narrative description and a compliance schedule ofhowthe source will achieve compliance with such requirements. The compliance schedule must include a statementthatprogressreports will be submitted at least once every six months; and (c) A statement that the source will continue to demonstrate compliance with applicable requirements; (16) A certification ofcompliance by a responsible official that addresses all air pollution control requirements applicable to the source. A certification ofcompliance for an affected source subject to Title IV and chapter 74:36:16 must be submitted by the designated representative. Thiscertification must be consistent with any applicable enhanced monitoring and compliance certificationrequirement ofthe CleanAirAct and must include: (a) A statement indicating methods used to determine compliance, including monitoring, record keeping and reporting requirements, andtest methods; (b) A statement that compliance certifications will be submitted at least annually or at other designatedtimes for the duration ofthe permitto the department; (c) A statementthatthe source is in compliancewith all applicable requirements; (d) A statement identifying the condition of the permit that is the basis of the certification, indicatingthe compliance status, andidentifying whethercompliance is continuous or intermittent; and (e) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certificationrequirements ofthe CleanAirAct; (17) A certificationby a responsible official ofthe truth, accuracy, and completeness ofany application form, report, or compliance certification submitted to the department. This certification and any other required certification must state that, based on information and beliefformed after reasonable inquiry, the statements and information in the documents are true, accurate, and complete; and (18) Any other information requested by the department after submission ofan application for a permit to operate a Part 70 source which is relevant to determine compliance ofthe source withthe CleanAirAct.
An application for a renewal of an operating permit for a Part 70 source may refer to previously submittedmaterial.
Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.
Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no PB 87-100012. Cost: $31.
74:36:05:13. Applicant required to supplement or correct application. Ifthe applicant is aware that the application is incomplete or that any relevant facts or information contained in an application are incorrect, the applicant shall submit the supplementary facts or corrected information. The applicant shall provide additional information as necessary to address requirements that become applicable after the application is filed butbefore the release ofthe draft permit.Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.
74:36:05:14. Permitapplication-- Completeness review. Repealed.
Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; repealed, 21 SDR 119, effective January 5, 1995.
74:36:05:15. Deadline for final action on permit application. Exceptfor the permittingof affected sources under the Title IV acidrainprogram, final action oneachpermitapplication for an operating permit for a Part 70 source, including requests for permit modification or renewal, must be completedwithin 18 months afterreceipt ofa complete application.
Source: 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:16. Statement of basis for recommended permit conditions. The department shall review the complete application for a Part 70 operating permit and develop a statement that sets forth the legal and factual basis for the recommended permit conditions, including references to the applicable statutory orregulatory provisions. The department shall provide this statementto EPA, the applicant, and, upon request, to thepublic and affected states withthe draftpermit.
Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:16.01. Operating permit requirements. Eachpermitissued for the operationofa Part 70 source must contain: (1) The name ofthe person, company, political subdivision, agency, or institution granted a permit; (2) The type ofoperation; (3) The facility and mailing address; (4) The date the operatingpermitwas granted and onwhich it will expire; (5) A numberfor administrative reference; (6) The name ofa designated person or officerresponsible forthe source's operation; (7) A statement granting an operating permit by the board or secretary and any conditions thatthe board or secretarymay imposeto ensure compliance withthe act and the CleanAirAct;(8) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements ofthe act andthe CleanAirActand includingthe following: (a) Thereference ofauthorityfor eachterm orcondition; (b) The applicable requirements from the Clean Air Act and from Title IV requirements ofthe Clean Air Act, reviewing bothrequirements and distinguishing which is more stringent and incorporatingbothinto the permit; and (c) If an alternative emission limit is approved in the state implementation plan (SIP), provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit modificationprocess has beendemonstratedto beequivalentto the applicable emission limitinthe state implementation plan and is quantifiable, accountable, enforceable, and based on replicable procedures; (9) Monitoring and related record keeping and reporting requirements, consisting ofat least the following: (a) All emissions monitoring and analysis procedures, alternative approved methods or test methods required under the applicable requirements, including procedures and methods in § 504(b) or 114(a)(3) ofthe CleanAirAct; (b) If the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the relevant time period that are representative ofthe source's compliance with the permit. Such monitoring requirements must assure use ofterms, test methods, units, averaging periods, and other statistical conventions consistentwiththe applicable requirement; (c) As necessary, documentation ofthe use, maintenance, and ifappropriate, installation ofmonitoringequipmentormethods; (d) Documentationofthe following: (i) measurements; (ii) (iii) (iv) (v) (vi) The date, place as defined m the permit, and time of sampling or The date or dates analyses were performed; Thecompanyorentitythatperformedthe analyses; The analyticaltechniques ormethods used; Theresults ofsuchanalyses; and The operatingconditions as existing atthetime ofsampling ormeasurement; (e) Recordkeeping andreportingrequirementsthat complywiththe following: (i) Submission ofreports of any required monitoring must occur at least every six months. Reports must clearly identify all deviations from permit requirements and conditions. All required reports mustbe certifiedby a responsible official; and(ii) Deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations and any corrective actions or preventive measures taken must be promptly reported and certified by a responsible official; and (f) Requirements for retention ofmonitoring records and all supporting documentation for at least five years from the date ofthe monitoring sample, measurement, report, or application; and (10) If applicable, a condition prohibiting em1sswns exceeding any allowances that the source lawfullyholds, exceedances ofapplicable emissionrates, and the use ofanyallowanceprior to the year for which it was allocated underthe TitleIV program ofthe CleanAirAct; (11) A severability clause asserting the continued validity of permit requirements if any portions ofthepermitare challenged; (12) Provisions statingthe following: (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, permit termination, revocation and reissuance, permitrevision, ordenial ofapermitrenewal application; (b) A permittee in an enforcement action may not use the defense that it wouldhave been necessaryto cease orreducethepermitted activityinorderto maintain compliance; (c) The permit may be revised, revoked and reissued, reopened, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination or ofa notification ofplanned changes or anticipated noncompliance does not stay any permitcondition; (d) Thepermit does not conveypropertyrights ofany sort or any exclusiveprivilege; and (e) The permittee must provide any information, including records, requested in writing by the department to determine whether cause exists for revising, revoking and reissuing, reopening, orterminatingthepermitorto determine compliance; (13) Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application and approved by the department. The terms and conditions must require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record ofthe scenario under which it is operating and must ensure that the terms and conditions ofeach such alternative scenario meet all requirements ofthe CleanAirAct; (14) Compliancerequirementsthatcontainthe following: (a) A compliance certification and testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. All documents, including reports, required by the permit must be certified by a responsible officialconsistent with subdivision 74:36:05:12(17). The compliance certification must be submitted annually from the date ofpermit issuanceto the department and EPA; (b) Inspection and entry requirements that require the permittee to allow the department or an authorizedrepresentativeto performthe following: (1) Enter upon the permittee's premises where a Part 70 source is located or emissions-related activity is conducted or where records must be kept under the conditions ofthe permit; (2) Have access to and copy, atreasonable times, any records that mustbe keptunder the conditions ofthepermit; (3) Inspect at reasonable times any facilities, equipment, practices, or operations regulated or required underthe permit; and (4) As authorized by the Clean Air Act, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements; (c) A compliance plan in accordance with subdivision 74:36:05:12(15), including progress reports on noncompliance indicating the dates that compliance will be achieved or the dates that compliance was achieved as referred to in a schedule ofcompliance. The report must state an explanation for not attaining dates ofcompliance and must be submittedto the department semiannually ormore frequently as requiredby the department; and (d) Acompliance certificationin accordance with subdivision 74:36:05: 12(16); (15) A conditionrequiring aPart 70 sourceto pay any required fees; (16) A condition stating that no permit revisions are required for increases in emissions allowed through emissions trading to the extent that such trades are authorized by the applicable requirements ofthe CleanAirAct; (17) Any provisions the department uses to issue general permits that are in accordance with 40 C.P.R. Part70.6(d) (July 1, 2009); (18) Provisions for permit emission exceedances due to emergencies that are in accordance withthe requirements in 40 C.P.R. Part 70.6(g) (July 1, 2009); and (19) All applicable requirements ofthe CleanAirAct.
Source: 19 SDR 157, effective April 22, 1993; transferred from§ 74:36:05:27, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR209, effective June 13, 2006; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-l-12, 34A-1-21.74:36:05:17. Public participation in permitting process. All operating permit issuance proceedings, includingrenewals, permitmodifications, and reopenings, for aPart 70 source, except as provided in this chapter, must provide an opportunity for public and affected states to comment on the draft permit.
The department shall publish the public notice on the draft permit once in a legal newspaper in the county where the source is located. Thepublic notice must include the following: (1) Abriefstatementdescribingthe source, includingthe name and address ofthe permittee; (2) The activity or activities involved inthe permit action; (3) The emissions change involved in anypermitmodification; (4) The department's recommendation and thereasons for it; (5) A statement that a person may submit comments or contest the draft permit within 30 days afterpublication ofthe notice. The statement shall also describethe procedures apersonmust follow to contestthe draftpermit and request ahearing in accordance with article 74:09; and (6) A statement describing where copies ofthe draft permit or other information may be obtained.
The department shall provide to the interested parties a 30-day notice of any hearing to contest adraft permit.
Source: 19 SDR 157, effective April22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21.
74:36:05:18. Public and affected state review of draft permit. During the public comment period, any interested person or affected state may submit written comments on the draft permit or request a contested case hearing. All comments will be considered in making a final permit decision on the draft permit as provided in §§ 74:36:05:20 and 74:36:05:20.01. A request for a contested case hearing must be in writing and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are not based on applicable requirements ofthis article orthe requirements ofthe CleanAirAct.
Source: 19 SDR 157, adopted April 22, 1993, effective November 15, 1994; 20 SDR 125, amended February 9, 1994, effectiveNovember 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21.
74:36:05:19. Transferredto§ 74:36:05:20.03.
74:36:05:20. Department review of affected states' comments on draft permit. Repealed.

### Source: 19 SDR 157, effective April22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changedto March 15, 1995; repealed, 25 SDR 123, effective April4, 1999.


### 74:36:05:20.01. Final permit decision

-- Notice to interested persons. The department shall make its final permit decision within 30 days ofthe end ofthe public comment period on a draftpermit. The department shall notify, inwriting, the applicant and eachpersonor affected state that submitted written comments or requested notice ofthe final permit decision. The notice shall include reference to the procedures for contesting the final permit decision and requesting a hearing in accordance with article 74:09. For the purpose ofthis section, the final permit decision means proposing apermit, denying apermit, orterminating apermit.
The proposed Part 70 operating permitmustbe submittedto EPA within 30 days ofnotifying the applicant and each person or affected state that submitted written comments or requested notificationofthe final permitdecision exceptunderthe following conditions: (1) A latereffective date is specified inthe final permitdecision; (2) A contestedcase hearing is requested; or (3) No comments or request for changes in the draft permit were received during the public notice period on the draft permit. In this case, the draft permit automatically becomes the final permit decision andthe proposedPart 70 operatingpermitis submittedto EPA.


### Source: 19 SDR 157, effective April22, 1993; transferred from§ 74:36:05:25,20 SDR 125, effective February 9, 1994; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. 

### GeneralAuthority: SDCL 34A-1-6, 34A-1-21. 

### LawImplemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.


### 74:36:05:20.02. Petitions for contested case hearing. The applicant, interested person, or affected state may petition the board and obtain a contested case hearing to dispute the department's draft permit. Any other person may petition to intervene and request a hearing ifthe person has an interest affected by the department's draft permit. Such petitions must comply with the provisions ofarticle 74:09 and be received by the department within 30 days after the notice requiredby§ 74:36:05:17.
The applicant or an interested personoraffected state that comments onthe draft permit may petition the board for and obtain a contested case hearing to dispute the department's final permit decision. Such petitions must comply with the provisions ofarticle 74:09 and be received by the department within 30 days after the applicant, interested person, or affected state receives the department's final permitdecision.
Ifthe draft permit or the final permit decision is contested, the department shall present the draftpermitor final permit decision to the boardfor actionin accordance with article 74:09.


### Source: SL 1975, ch 16, §1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02,34:10:01:22.05,7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October4, 1987; transferredfrom§ 74:26:01:39, 19 SDR 157, effective April22, 1993; transferredfrom §74:36:05:26, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effectiveApril4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.
74:36:05:20.03. EPA review ofPart 70 operating permit. The department shall submit to EPA a copy ofeachpermit applicationfor a Part 70 operatingpermit, including any application for a permit modification at the time the application is received by the department, minutes ofthe proceedings ofa contested case hearing, the draft permit, comments from the public or affected states on the draft permit and the department's response, the proposedPart 70 operatingpermit, and the final permit after EPA review. The department may, in agreement with EPA, submit a permit application summary form and any relevantportionofthe permitapplication or complianceplan.
Source: 19 SDR 157, adopted April22, 1993, effective November 15, 1994; 20 SDR 125, transferred from§ 74:36:05:19 and amended February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, effective April4, 1999; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:21. EPA objection to issuance of operating permit. The department may not issue aproposed Part 70 operatingpermitas a final permitfor a Part 70 source ifEPA objectsto its issuance within 45 days after receipt of the proposed Part 70 operating permit pursuant to §74:36:05:20.03. Ifthere is no EPA objection, the department shall issue the proposed Part 70 operatingpermit as a final**permit~** Source: 19 SDR 157, effective April22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changedto March 15, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
Cross-Reference: EPA objectionprocedure, 40 C.F.R. §70.8(c).
74:36:05:21.01. Department response to EPA objection. The department shall respond within 90 days to the EPA objection. The department may either revise the proposed Part 70 operating permit orjustify its position on the proposed Part 70 operating permit to EPA. Ifthe department decides to revise the proposed Part 70 operating permit, it shall follow the procedural requirements for an initial Part 70 operating permit, administrative permit amendment, minor permit amendment, orpermitmodification, as applicable.
Ifthe EPA concurs with the revised proposed Part 70 operating permit or the department's justification, the department shall issue a final permit and submit it to the EPA. Ifthe EPA does not concur, the EPA is responsible for issuingthe final permit.
Source: 20 SDR 125, adopted February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 36 SDR 207, effective June 28, 20I0.GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:22. Department failure to meet EPA objection deadline. Ifthe department fails to submit a revised proposed Part 70 operating permit or justification in accordance with §74:36:05:21.01 to EPA to meet the objection within 90 days after its receipt, responsibility for issuing ordenying the final permitrests withEPA.
Source: 19 SDR 157, effective April22, 1993; 20 SDR 125, amended February9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changedto March 15, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:23. Public petition to EPA on the final permit. When a proposed Part 70 operatingpermit is issued as a final permitbythe EPAorthe department, apersonmaypetitionthe EPA in writing within 60 days after expiration of EPA's review period specified in §§ 74:36:05:20.03 to 74:36:05:22, inclusive, to object to the issuance of a final permit. The petition may be based only on objections to the permitthatwere raised with reasonable specificity during the public comment period, unless the petitioner demonstrates that it was impracticable to raise such objections within the public comment period or unless the grounds for the objection arose afterthe public commentperiod. IfEPAobjects to the issuance ofthe final permit as aresult ofapetition, the department shall respondto EPA's objection. Upon resolution ofEPA's objection, the permit shall remain the same or may be modified, terminated, orrevoked by the department or EPA.
Source: 19 SDR 157, effective April22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changedto March 15, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:24. Affected state and EPA review required. Repealed.
Source: 19 SDR 157, effective April22, 1993; repealed, 20 SDR 125, effective February 9, 1994.
74:36:05:25. Transferred to §74:36:05:20.01.
74:36:05:26. Transferred to §74:36:05:20.02.
74:36:05:27. Transferred to§ 74:36:05:16.01.
74:36:05:28. Permit expiration. Permit expiration terminates the source's right to operate under the Part 70 operating permit unless a timely and complete renewal application has been submittedto the department.
Source: 19 SDR 157, effectiveApril22, 1993; 36 SDR207, effective June 28,2010.General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
Cross-Reference: Timely and complete application for operating permit required, §74:36:05:08.
74:36:05:29. Permit renewal. Permits to be renewed are subject to the same procedural requirements in §§ 74:36:05:08 to 74:36:05:23, inclusive, as the original Part 70 operating permit Issuance.
Source: 19 SDR 157, effective April22, 1993; 20 SDR 125, effective February 9, 1994; 31 SDR 101, effectiveJanuary 2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:30. Permit flexibility. An operating permit issued to a Part 70 source must allow the source to make the changes listed below without requiring a permit revision before the source makes those changes ifthe change is not a modification under any provision ofTitle I ofthe Clean Air Act and the change does not exceedthe emissions allowable underthepermit. The source must provide the department written notification as required in this section at least seven days in advance ofthe proposed changes. The source and the department shall attach each such notice to its copy ofthe relevantpermit.
Permitted sources may make changes that do not violate any applicable requirements or contravene federally enforceable permit terms and conditions, such as monitoring, including test methods, recordkeeping, reporting; or compliance certification requirements. For each such change, the written notice must include a brief description of the change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or conditionthat is no longer applicable as aresult ofthe change
Ifa permit applicant requests it, the department must issue permits that contain terms and conditions, including all requirements under §74:36:05:16.01, allowing for the trading ofincreases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. The permit applicant must include in its permit application the proposed replicable procedures and permit terms that ensure that the emission trades are quantifiable and enforceable. Any emission units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emission trades shall not be permitted for trading of emissions. The written notice must include, at a minimum, when the proposed change will occur, a description of each such change, any change in emissions, and how these increases and decreases in emissions will complywiththe terms and conditions ofthe permit.
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.74:36:05:31. Permit amendment
-- Application required. An amendment to a permit can be applied for at any time by the submittal ofan application. The application must specify whether the requested permit revision is an administrative permit amendment, a minor permit amendment, or a permit modification. The application shall contain the necessary information required for an administrativepermit amendment, minorpermit amendment, orpermitmodification.
Source: 19 SDR 157, effective April22, 1993; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:32. Administrative permit amendment required. An administrative permit amendmentmaybe issued for arevision to apermitmeetingthe requirements of§ 74:36:01:03. An application for an administrative permit amendment shall contain a description ofthe change and documentation supporting the applicant's claim the revision qualifies as an administrative permit amendment.
Source: 19 SDR 157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:33. Procedure for administrative permit amendments. An administrative permit amendment shall be made by the department without being subjectto advance notice orthe procedural requirements applicable to a permit modification. The department shall take no more than 60 days from receipt ofan application for an administrative permit amendment to take final action on the application. The department may make such changes without providing notice to the public or affected states ifit designates any such permit revisions as being made pursuant to this section. The department shall submit a copy of the revised permit to EPA. The source may implement the changes addressed in the application for an administrative amendment immediately upon submittingthe application.
Source: 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:34. Minor permit amendment required. A Part 70 source may request a minor permit amendment under §§ 74:36:05:35 to 74:36:05:38, inclusive, for a change that does not constitute a modification and is not prohibited under any applicable requirement under Title I of the CleanAirAct.
Source: 19 SDR 157, effectiveApril22, 1993; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.
74:36:05:35. Requirements for minor permit amendments. A minor permit amendment is an amendment to an existing permit and is issued by the secretary. A minor permit amendment may be issuedbythe secretaryifthe proposedrevision meets the following requirements:(1) Itdoes not violate any applicable requirement; (2) It does not involve significant changes to existing monitoring, reporting, or record keepingrequirements in thepermit; (3) It does not require or change a case-by-case determination ofan emission limit or other standard, a source-specific determination for temporary sources ofambient impacts, or a visibility or increment analysis; (4) It does not seek to establish or change a permit term or condition for which there is no 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 provisionofTitle I, and an alternative emissions limit approvedpursuantto regulations promulgated under§ 112(i)(5) ofthe CleanAirAct; and (5) Itdoes not constitute a modificationunderTitle Iofthe CleanAirAct.
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:36. Application for minor permit amendment. An application for a minor permit amendment shall includethe following: (1) A description ofthe proposed change, the resulting change in emissions, and any new applicable requirements; (2) The source's suggesteddraft permit; (3) Certification by a responsible official that the proposed revision meets the applicable requirements ofa minorpermitamendment; and (4) Completed forms for notifying EPA and any affected states. Source: 19 SDR 157, effective April 22, 1993. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:37. Notification of EPA and affected states required. The department shall notify EPA and any affected states within five working days after receipt of a complete minor permit amendment application.
Source: 19 SDR 157, effective April 22, 1993. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:38. Department deadline to approve minor permit amendment. The department shall take the following final action on a proposed minorpermit amendment within 90 days after receipt ofa complete application for a minorpermit amendment or 15 days after the end ofEPA's 45-dayreviewperiod, whicheveris later:(1) Issue the minorpermit amendment as proposed; (2) Denythe minorpermit amendment application; (3) Determine that the requested minor permit amendment should be processed as a permit modification; or (4) Revise the proposed minor permit amendment and transmit the revised amendment to EPA.
The department is not required to public notice a minor permit amendment; but the final permit decision for aminorpermit amendment mustbe submittedto EPA for a45-dayreview. The department may not issue a final permit for a minor permit amendment until after EPA's 45-day review or until EPA has notified the department that EPA will not object to the issuance ofthe minor permit amendment. The source may implement a proposed revision that is considered a minorpermit amendment seven days after submitting acomplete application.
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:39. Permit modifications. Permit modifications are subject to the same procedural requirements in §§ 74:36:05:08 to 74:36:05:23, inclusive, as the original permit issuance, except that the required review covers only the proposed changes rather than the unchanged activities ofthe permittee.
Source: 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:40. Reopening operating permit for cause. The department may reopen and revise an operatingpermit for the following reasons: (1) Additional requirements of the Clean Air Act become applicable to a major source subject to a Part 70 operating permit and for which three years or more remain on the term ofthe permit. Such reopenings or revisions shall be made not more than 18 months after the promulgation ofthe relevant standard or regulations. Such reopenings orrevisions are not required ifthe effective date ofthe requirement is laterthanthe date onwhichthe permitis due to expire; (2) Additional requirements become applicable to an affected source under Title IV ofthe CleanAirAct; (3) There is a determination by the department or EPA that the permit contains inaccurate statements or material mistakes in establishing the emission standard limitations on other requirements ofthe permit; or (4) The department or EPA determines that the permit must be revised or revoked to assure compliance withthe applicable requirements ofthe CleanAirAct orthis article.Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effectiveJanuary 2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:41. Procedures to reopen permit. Reopening a permit shall followtheprocedural requirements to issue an initial permit and shall affect only those parts ofthe permit for which cause to reopen exists. The department shall follow the procedural requirements for initial permit issuance and shall notifythe source at least 30 days before reopening a permitissuedto the source. The department mayprovide a shorternotice in anemergency. Source: 19 SDR 157, effective April22, 1993; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:42. Reopening permit for cause by EPA. Within 90 days after EPA notifies the department and permittee that cause exists to terminate, revise, orrevoke and reissue a permit, the department shall submit to EPA a proposed determination oftermination, revision, or revocation andreissuance.
Source: 19 SDR 157, effective April 22, 1993; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:43. EPA review ofproposed determination. After EPA review ofthe proposed determination, the department has 90 days from receipt of an EPA objection to resolve the rejection.
Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:44. Department failure to submit proposed determination. Department failure to submit a proposed determination within the 90-dayperiod in § 74:36:05:42 or failure to resolve the objection in § 74:36:05:43 will result in termination, revision, or revocation and reissuance of the permit by EPA afterthe permittee receives 30 days written notice from the EPA ofthe reasons for the action and the permittee has an opportunity for comment and hearing by EPA on the proposed action.
Source: 19 SDR 157, effective April22, 1993; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:45. EPA's decision final action. Repealed.
Source: 19 SDR 157, effective April22, 1993; repealed, 21 SDR 119, effective January 5, 1995.

### 74:36:05:46. Permit termination, modification, revocation, and reissuance by 

### department. The department may terminate, revise, or revoke permits for violations ofthe Clean Air Act or this article or for nonpayment of a fee. Invalidation of the acid rain portion of an operatingpermitdoes not affectthe continuing validity oftherest ofthe operatingpermit, nor does invalidation ofany other portion ofthe operating permit affect the continuing validity ofthe acid rainportion ofthe permit.
Source: 19 SDR 157, effective April22, 1993; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21.
74:36:05:47. Notice of operating noncompliance

-- Contents. If the department determines that the operation of a source is not in compliance with the rules, statutory requirements, or permit conditions, the department may issue a notice of such findings to the permit holder or operator ofthe source. The notice must contain citations to the rules, statutes, or permit conditions violated, reference to this section, and the alleged facts upon which the determination is based. The secretary, with the concurrence ofthe alleged violator, may settle an issue ofnoncompliance by specifying a compliance agreement, which may include apenalty under SDCL 34A-1-39 andthe date for final compliance ofthe source. Ifacompliance agreement can not be negotiated, the department may petition the chairman ofthe board for a contested case hearing ormay file acivil penalty or injunctive actionin circuit court. Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:39, 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:47, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from §74:26:01:47, 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 1-26-20, 34A-1-39, 34A-1-53.
74:36:05:47.01. Circumvention of emissions not allowed. A person may not install or cause the installation or use ofa device or a means which conceals or dilutes an emission ofair pollutants that would otherwise violate this article or the Clean Air Act. This includes operating a source, unit, or control device which emits pollutants into the ambient air from an opening other thanthe stack, vent, orequivalentopening from whichthey were designed to be emitted.
Source: 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:05:48. Petition for contested case on alleged violation. In accordance with §74:36:05:47, the department may file a petition containing the information required in article 74:09 to request an order directing corrective action, that an enforcement hearing be scheduled pursuant to the provisions of article 74:09, or that the permit be suspended or revoked for noncompliance.
Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:40, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from §74:26:01:48, 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-47, 34A-1-49.
74:36:05:49. Stackperformance tests required. Repealed.
Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 29, 1996.
74:36:05:50. Federal enforceability of permit conditions. All terms and conditions ofa Part 70 operating permit issuedpursuantto this article, including anyprovisions designed to limit a source's potential to emit, are federally enforceable, except those conditions imposed by the department that are not required under the Clean Air Act. The conditions imposed by the department that are not required under the Clean Air Act must be specifically designated as not being federally enforceable.
Source: 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.
74:36:05:51. General permits. The secretarymay issue a general permitto a category ofair pollution sources that meetsthe following: (1) Involve the same or substantially similartypes ofoperations; (2) Require the same or similartype ofair emission limits; and (3) Require the same or similarrecordkeeping and monitoring.
Ifa general permithas been issued bythe secretary, all sources coveredbythe generalpermit shall apply for permission to operate under the general permit. Such sources may not be constructed or operate until they are granted coverage underthe general permit, oruntil they obtain an individual permit ifrequired by the secretary. Source: 30 SDR26, effective September 1, 2003; 36 SDR207, effectiveJune 28, 2010. General Authority: SDCL 34A-1-21. Law Implemented: SDCL 34A-1-56.
Note: The procedural requirements for obtaining a general permit under this chapter are similar to the procedural requirements for a Part 70 source, such as a timely and complete application, completeness review, public participation, and departmental recommendation, as outlined in§§ 74:36:05:08 to 74:36:05:23, inclusive.
74:36:05:52. Secretary may require an individual permit. The secretary may require any source applying for a general permit or operating under a general permit to apply for and obtain an individual air qualitypermit. Individual air quality permits may be required at the discretion ofthe secretary, including underthe following circumstances;(1) The owner or operator is not in compliance with the conditions ofits existing individual airpermitpriorto applying for the generalpermit; or (2) The owneror operator is not in compliancewiththe conditions ofthe general permit.
Source: 30 SDR26, effective September 1, 2003. General Authority: SDCL 34A-1-21. Law Implemented: SDCL 34A-1-56.

Section 74:36:06:01 74:36:06:02 74:36:06:03 74:36:06:04 74:36:06:05 74:36:06:06 74:36:06:07 CHAPTER74:36:06
REGULATED AIRPOLLUTANT EMISSIONS

Applicability. Allowable emissions for fuel-burning units. Allowable emissions for process industryunits. Particulate emissionrestrictions for incinerators andwaste woodburners. Most stringentinterpretationapplicable. Stackperformancetest. Openburningpracticesprohibited.

74:36:06:01. Applicability. Any unit required to be permitted under this article must comply withthe standards and requirements inthis chapterexceptas otherwise specifiedin chapter 74:36:07,74:36:08, 74:36:09, 74:36:10, or74:36:16.
Source: SL 1975, ch 16, § 1; transferred from§ 34:10:07:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:07:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:07:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.
74:36:06:02. Allowable emissions for fuel-burning units. An owner or operator ofa fuelburning unit may not cause or permit emissions ofthe following regulated air pollutants from the combustion ofsolid, gaseous, or liquid fuels that exceed the following allowable emissions limits that applyto the fuel-burning unit: (1) Particulate matter: (a) A fuel-burning unit withheat input values less than 10 million Btus per hour may not exceed .6 pounds ofparticulate matterpermillionBtus ofheatinput; and (b) A fuel-burning unit with aheat input equal to or greaterthan 10 millionBtusper hour may not exceedtheparticulate emissions rate determinedbythe following equation:E = 0.811K0

·131

, where
E = the allowable particulate emissions rate in pounds per million Btus ofheat input and
H

### =heat input in millions ofBtus perhour; (2) Sulfurdioxide: A fuel-burning unit may not emit sulfurdioxide emissionsto the ambient air in an amount greater than three pounds ofsulfur dioxide per million Btus ofheat input to the unitbased on athree-hourrolling average, which is the arithmetic average ofthree contiguous onehourperiods.
Source: SL 1975, ch 16, § 1; transferred from §34:10:07:03, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:07:03, effective July 1, 1981; 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:06:02.01 and 74:26:07:03, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.
74:36:06:03. Allowable emissions for process industry units. An owner or operator who operates a process industry unit may not cause or permit emissions ofthe following regulated air pollutants from any unit in excess ofthe amount expressed in the equation allocated to the unit listed in this section: (1) Particulate matter: (a) The allowable particulate emissiOns rate for process industry units with process weightrates up to 60,000 poundsperhour shall be determined by use ofthe following equation:
E = 4.10 x P0"67

, and (b) The allowable particulate emissiOns rate for process industry units with process weight rates in excess of 60,000 pounds per hour shall be determined by use ofthe following equation:
E

### = [55.0 x P0"11]

- 40, where
E =the rate ofemission in poundsperhour and
P = processweightrate intons perhour; (2) Sulfur dioxide: A process unit which uses combustible fuel may not emit sulfur dioxide emissions to the ambient air in an amount greater than three pounds ofsulfur dioxide per million Btus ofheat inputto the unitbased ona three-hourrolling average, which is the arithmetic average ofthree contiguous one-hourperiods.

### Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:06:08 and 34:10:07:03, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:06:05 and 44:10:07:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:06:05 and 74:26:07:03, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effectiveApril4, 1999. 

### GeneralAuthority: SDCL 34A-1-6. 

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


### 74:36:06:04. Particulateemission restrictions forincinerators andwastewood burners. An owner or operator may not cause or permit an incinerator or wood waste burner to emit a regulated air pollutant of a density greater than that designated as 20 percent opacity. No other emissionlimits apply to these sources exceptthose inchapters 74:36:07 and 74:36:08.


### Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §34:10:06:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:06:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effectiveNovember 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:06:01, 19 SDR 157, effective April 22, 1993; 31 SDR 101, effective January 2, 2005. 

### GeneralAuthority: SDCL 34A-1-6. 

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


### 74:36:06:05. Most stringent interpretation applicable. If the nature of any unit or the design of any equipment permits more than one interpretation ofthe limits ofthis chapter, the interpretationthatresults inthe most stringent value for the allowable emissions shall apply.


### Source: SL 1975, ch 16, §1; 2 SDR 40, effective December 7, 1975; transferred from §34:10:06:10, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:06:07, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:06:07, 19 SDR 157, effectiveApril22, 1993. 

### GeneralAuthority: SDCL 34A-1-6. 

### LawImplemented: SDCL 34A-1-6.


### 74:36:06:06. Stack performance test. A unit subject to this chapter must follow the requirements in chapter 74:36:11 for stack performance tests. A stack performance test is required underthe following conditions: (1) A new unit or modification ofan existing source with the potential to emit any ofthe regulated pollutants greater than 100 tons per year shall conduct a stack performance test to determine compliance withthe applicable standard; (2) A unit that emits any regulated pollutants may be required to conduct a stack performance testto determine compliance with all applicable emission standards uponrenewal ofa permitto operate or atthe discretion ofthe secretary. 

### Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §34:10:05:02, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:05:02, effective July 1,1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:05:02, 19 SDR 157, effective April22, 1993; 31 SDR 101, effective January 2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-1-12. LawImplemented: SDCL 34A-1-12.
74:36:06:07. Open burning practices prohibited. The following open burning practices are prohibited: (1) A person may not bum waste oils, rubber, waste tires, tarpaper, or asphalt shingles. For the purposes ofthis subdivision, waste oil means any oil thathas beenrefined from crude oil, used, or contaminated by physical or chemical impurities. An exception for crude oil is allowed as a remediation alternative for soils contaminated with crude oil ifa person submits the information requested in§ 74:10:05:11.04 and the secretary approves the alternativeremediationprocess; (2) A municipality or county governmental agency may not bum municipal solid waste unless exemptedbythe smalltown exemption in accordance with§ 74:27:12:25; (3) A person may not conduct or permit the operation of a salvage operation by open burning, except as allowed in article 74:27; and (4) A person may not bum railroad ties or wood treated with inorganic arsenicals, pentacholorophenol, or creosols. Open burning of any other material must be conducted in accordance with all applicable local ordinances and state laws and rules.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:04:02 and 34:10:04:08, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:04:02 and 44:10:04:08, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:04:02 and 74:26:04:08, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; transferred from §74:36:15:01,23 SDR 106, effectiveDecember29, 1996; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.
Cross-References: Promulgation of rules

-- Factors for consideration

-- Scope

-- Open burning, SDCL 34A-6-1.6; Openburningrestrictions,§ 74:27:13:11.

Section 74:36:07:01 74:36:07:02 74:36:07:03 CHAPTER74:36:07
NEWSOURCEPERFORMANCESTANDARDS

New sourceperformance standards. Standards ofperformance for fossil fuel-fired steam generators. Standards ofperformance for electric utility steam generators.74:36:07:04
74:36:07:05
74:36:07:06 74:36:07:06.01
74:36:07:06.02
74:36:07:07 74:36:07:07.01
74:36:07:08 74:36:07:09 74:36:07:10 74:36:07:11 74:36:07:12
74:36:07:13
74:36:07:14

74:36:07:15 74:36:07:16 74:36:07:17 74:36:07:18 74:36:07:19 74:36:07:20 74:36:07:21
74:36:07:22
74:36:07:22.01

74:36:07:23 74:36:07:24 74:36:07:25 74:36:07:26
74:36:07:27 74:36:07:28 74:36:07:29 74:36:07:30 74:36:07:31 Standards of performance for industrial, commercial, and institutional steam generating units. Standards ofperformance for small industrial, commercial, and institutional steam generating units. Standards ofperformance for incinerators. Standards of performance for hospital/medical/infectious waste incinerators constructed on orbefore June 20, 1996. Standards of performance for hospital/medical/infectious waste incinerators for which constructionis commencedafterJune 20, 1996. Standards ofperformance for municipal waste combustors. Standards ofperformance for municipal combustors constructed after September 20, 1994. Ashdisposal requirements. Standards ofperformance for portland cementplants. Standards ofperformance for asphaltconcreteplants. Repealed. Standards of performance for storage vessels of petroleum liquids constructed afterJune 11, 1973, and before May 19, 1978. Standards of performance for storage vessels of petroleum liquids constructed afterMay 18, 1978, and before July24, 1984. Standards of performance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modificationcommenced afterJuly 23, 1984. Standards ofperformance for sewage treatmentplants. Standards ofperformance for coal preparationplants. Standards ofperformance for grainelevators. Standards ofperformance for stationary gas turbines. Standards ofperformance for lime manufacturingplants. Standards ofperformance for metallic mineralprocessingplants. Standards of performance for pressure-sensitive tape and label surface coating operations. Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicalsmanufacturing industry. Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicals manufacturing industry for which construction, reconstruction, or modification commenced afterNovember 7, 2006. Standards ofperformance for bulkgasolineterminals. Standards ofperformance for newresidential woodheaters. Standards ofperformance for petroleum dry cleaners. Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations. Standards ofperformance for nonmetallic mineral processingplants. Standards ofperformance for magnetic tape coating facilities. Operatingrequirements for wire reclamationfurnaces. Monitoringrequirements for wirereclamationfurnaces. Standards of performance for graphic arts industry

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74:36:07:67 74:36:07:68 74:36:07:69 Standards ofperformance for volatile organic compound emissions from synthetic organic chemicalmanufacturing industry (SOCMI) reactorprocesses. Standards ofperformance for calciners and dryers inmineral industries. Existingmunicipal solid waste landfill. Plan submittal by existingmunicipal solid waste landfills. Collection system. Control system. Compliance schedule for existingmunicipal solidwaste landfills. Existing municipal solid waste landfill operational standards for collection and control systems. Existing municipal solid waste landfill complianceprovisions. Existingmunicipal solidwaste landfill monitoringprovisions. Existingmunicipal solid waste landfill reporting andrecordkeeping. Additional reporting for existingmunicipal solid waste landfills. Standards ofperformance for newmunicipal solid waste landfills. Standards ofperformance for nitric acid plants. Standards ofperformance for sulfuric acidplants. Standards ofperformance for petroleumrefineries. Standards of performance for petroleum refineries for which construction, reconstruction, ormodification commencedafterMay 14, 2007. Standards ofperformance for secondary lead smelters. Standards ofperformance for secondarybrass and bronzeproductionplants. Standards of performance for primary emissions from basic oxygen process furnaces for whichconstructioncommenced afterJune 11, 1973. Standards of performance for secondary emissions from basic oxygen process steelmaking facilities for which construction commenced after January 20, 1983. Standards ofperformance forprimary copper smelter. Standards ofperformanceforprimaryzinc smelter. Standards ofperformance for primary lead smelter. Standards ofperformance forprimaryaluminum reductionplant. Standards ofperformance for wet-processphosphoric acidplant. Standards ofperformance for superphosphoric acid plant. Standards ofperformance for diammonium phosphate plant. Standards ofperformance for triple superphosphateplant. Standards ofperformance for granulartriple superphosphate storage facility. Standards ofperformance for ferroalloy productionplant. Standards of performance for electric arc furnaces and argon-oxygen decarburizationvessels constructedafterAugust 17, 1983. Standards ofperformance for kraftpulp mills. Standards ofperformance for glass manufacturingplant. Standards ofperformance for surface coating ofmetal furniture. Standards ofperformance for lead-acid batterymanufacturingplant. Standards of performance for automobile and light duty truck surface coating operations. Standards ofperformance for phosphaterockplants. Standards ofperformance for ammonium sulfate manufacture. Standards ofperformance for industrial surface coating

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74:36:07:89 74:36:07:90 Standards ofperformance for metal coil surface coating. Standards ofperformance for asphaltprocessing and asphaltroofing manufacture. Standards ofperformance for beverage can surface coating industry. Standards ofperformance for rubbertire manufacturingindustry. Standards ofperformance for volatile organic compound emissions from polymer manufacturing industry. Standards ofperformance for flexible vinyl andurethane coating andprinting. Standards ofperformance for equipment leaks ofVOCinpetroleumrefineries. Standards ofperformance for equipment leaks ofVOCin petroleumrefineries. Standards ofperformance for synthetic fiber productionfacility. Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry air oxidationunitprocess. Standards ofperformance for equipment leaks ofVOC from onshore natural gas processingplant. Standards ofperformance for onshorenatural gas processing. Standards ofperformance for wool fiberglass insulationmanufacturingplant. Standards ofperformance for VOC emissions from petroleum refinery wastewater system. Standards of performance for industrial surface coating

-- Surface coating of plastic parts for business machines. Standards ofperformance for polymeric coatingofsupporting substrates facility. Standards ofperformance for small municipal waste combustion units for which construction commenced after August 30, 1999, or modification or reconstruction commencedafter June 6, 2001. Standards ofperformance for commercial and industrial solid waste incineration units for which construction commenced after November 30, 1999, or modification orreconstruction commencedonorafterJune 1, 2001. Standards of performance for other solid waste incineration units for which construction commenced after December 9, 2004, or modification or reconstructioncommenced onor afterJune 16, 2006. Standards ofperformance for stationary compression ignition internal combustion engmes. Standards ofperformance for stationarycombustionturbines. Standards of performance for stationary spark ignition internal combustion engmes.

74:36:07:01. New source performance standards. The general provisions for new source performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, (July 1, 2009). For the purposes of this chapter, "administrator" means the secretary, except for those authorities that cannot be delegated to the state, in which case "administrator" means both the administrator ofthe Environmental ProtectionAgency and the secretary. Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:08:43, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The standards ofperformance for fossil fuel-fired steam generators are those in 40 C.P.R. §§ 60.40 to 60.46, inclusive, (July 1, 2009).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:09:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:03. Standards of performance for electric utility steam generators. The standards ofperformance for electric utility steam generators are those in 40 C.P.R. §§ 60.40Dato 60.49Da, inclusive, (July 1, 2009).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:10:15, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:04. Standards of performance for industrial, commercial, and institutional steam generating units. The standards ofperformance for industrial, commercial, and institutional steam generating units are those in 40 C.P.R. §§ 60.40b to 60.49b, inclusive, (July 1, 2009).
Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:24:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:05. Standards of performance for small industrial, commercial, and institutional steam generating units. The standards of performance for small industrial, commercial, and institutional steam generating units are those in 40 C.P.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2009). A source that operates a unit subject to 40 C.P.R. §§ 60.40c to 60.48c,inclusive, (July 1, 2009) is exempt from the obligation to obtain a Part 70 operating permit, ifthe source burns solely natural gas orpropane and is not requiredto obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2009). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2009).
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:06. Standards of performance for incinerators. The standards ofperformance for incinerators are those in40 C.F.R. §§ 60.50 to 60.54, inclusive, (July 1, 2009).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:11:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28,2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:06.01. Standards of performance for hospital/medical/infectious waste incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce (July 1, 2009), is incorporated into this rule by reference. Designated facilities under Subpart Ce shall comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e to 60.38e, inclusive, (July 1, 2009).
The owner or operator of a hospital/medical/infectious waste incinerator constructed on or before June 20, 1996, that decides to cease operation shall notifythe department within six months ofEPA's approval ofthe state plan for hospital/medical/infectious waste incinerators. The written notification shall inform the department ofwhen the unit will be shutdown. The shutdown date may not exceed one year after EPA's approval ofthe state plan for hospital/medical/infectious waste incinerators.
The owner or operator ofa hospital/medical/infectious waste incinerator constructed on or before June 20, 1996, that decides to comply with the requirements ofthis section shall submit a compliance planwithin sixmonths ofstate plan approvalthatmeets the following deadlines: (1) Submit a Part 70 operating permit application and design drawings ofthe air pollution control device to the department withinone year ofstate plan approval; (2) Submit a copy ofthe purchase orderor other documentation indicating an orderhasbeen placed for the major components ofthe air pollution control device within 15 months ofstate plan approval;(3) Begin initiation of site preparation for installation of the air pollution control device within 2years after stateplan approval; (4) Complete installation ofthe air pollutioncontrol device within 30 months after stateplan approval; and (5) Conduct aperformancetest within 33 months after stateplan approval.
The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 2009) within one year after state plan approval. The owner or operator shall comply with the remaining requirements in this section within three years after state plan approval or by September 15, 2002, whichever is earlier.
Source: 25 SDR 123, effective April4, 1999; 26 SDR 168, effectiveJune 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:06.02. Standards of performance for hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. The standards of performance for hospital/medical/infectious waste incinerators constructed afterJune 20, 1996, are those in 40 C.F.R. §§ 60.50c to 60.58c (July 1, 2009).
Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effective June 28,2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:07. Standards ofperformance for municipal waste combustors. The standards of performance for municipal waste combustors are those in 40 C.F.R. §§ 60.50a to 60.59a, inclusive, (July 1, 2009).
Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 18 SDR 90, effective November 24, 1991; transferred from §74:26:26:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:07.01. Standards ofperformance for municipal combustors constructed after September 20, 1994. The standards ofperformance for municipal waste combustors constructed after September 20, 1994, or modified or reconstructed after June 19, 1996, are those in 40 C.F.R. §§ 60.50b to 60.59b, inclusive, (July 1, 2009).

### Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:08. Ash disposal requirements. All ash generated at a municipal waste combustormustbe disposed ofin accordance with article 74:27.
Source: 17 SDR 69, effective November 22, 1990; transferred from §74:26:26:02, 19 SDR 157, effective April22, 1993; 23 SDR 106, effective December 29, 1996. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:09. Standards of performance for portland cement plants. The standards of performance for portland cementplants are those in40 C.F.R. §§ 60.60to 60.66, inclusive, (July 1, 2009).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:12:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:10. Standards of performance for asphalt concrete plants. The standards of performance for asphalt concrete plants are those in 40 C.F.R. §§ 60.90 to 60.93, inclusive, (July 1, 2009).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:13:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:11. Additionalpermitrequirementsfor asphaltplants. Repealed.
Source: 7SDR 4, effective July 27, 1980; transferred from§ 44:10:01:29, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:29, 19 SDR 157, effective April22, 1993; repealed, 25 SDR 123, effective April4, 1999.
74:36:07:12. Standards of performance for storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978. The standards ofperformance forstorage vessels ofpetroleum liquids constructed after June 1I, I973, and before May I9, I978, are those in 40 C.F.R. §§ 60.1IO to 60.1I3, inclusive, (July I, 2009). A source that operates a unit subject to 40 C.F.R. §§ 60.1IO to 60.1I3, inclusive, (July I, 2009) is exempt from the obligationto obtain a Part 70 operating permit ifthe unit is not required to install controls and ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.IIO to 60.II3, inclusive, (July I, 2009). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.1IO to 60.II3, inclusive, (July I,2009).
Source: I4 SDR 72, effective November 24, I987; I7 SDR I70, effective May I3, 199I; transferred from§ 74:26:I4:05, I9 SDR I57, effective April 22, I993; 2I SDR 1I9, effective January 5, I995; 23 SDR I06, effective December 29, I996; 30 SDR 26, effective September I, 2003; 3I SDR IOI, effective January 2, 2005; 32 SDR 209, effective June I3, 2006; 33 SDR 2I7, effective June I3, 2007; 36 SDR207, effective June 28, 20IO. General Authority: SDCL 34A-I-6. Law Implemented: SDCL 34A-I-I8.
74:36:07:13. Standards of performance for storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984. The standards ofperformance for storage vessels ofpetroleum liquids constructed after May I8, I978, and before July 24, I984, are those in 40 C.F.R. §§ 60.IIOa to 60.1I5a, inclusive, (July I, 2009). A source that operates a unit subject to 40 C.F.R. §§ 60.II0ato 60.115a, inclusive, (July 1, 2009) is exempt from the obligation to obtain a Part 70 operating permit ifthe unit is not required to install controls and ifthe source is not required to obtain a Part 70 operating permit for a reason otherthan the source is subjectto 40 C.F.R. §§ 60.1IOa to 60.II5a, inclusive, (July I, 2009). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.11Oato 60.1I5a, inclusive, (July I,2009). Source: I4 SDR 72, effective November 24, I987; I6 SDR 88, effective November I4, I989; I7 SDR I70, effective May 13, I99I;transferred from§ 74:26:20:I9, 19 SDR 157, effective April 22, 1993; 2I SDR II9, effective January 5, I995; 23 SDR I06, effective December 29, I996; 30 SDR 26, effective September I, 2003; 3I SDR IOI, effective January 2, 2005; 32 SDR 209, effective June I3, 2006; 33 SDR2I7,effective June I3, 2007; 36 SDR207, effective June 28, 20IO. General Authority: SDCL 34A-I-6. Law Implemented: SDCL 34A-I-I8.
74:36:07:14. Standards of performance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984. The standards ofperformance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, I984, are those in 40 C.F.R. §§ 60.1 lOb to 60.II7b, inclusive, (July I, 2009). A source that operates a unit subject to 40 C.F.R. § §60.1IOb to 60.II7b, inclusive, (July I, 2009) is exempt from the obligation to obtain a Part 70 operating permit ifthe unit is not required to install controls and ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.IIOb to 60.II7b,inclusive, (July I, 2009). Exempted sources must still meetthe applicablerequirements in 40 C.F.R. §§ 60.IIOb to 60.1I7b, inclusive, (July I, 2009).Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §74:26:25:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:15. Standards of performance for sewage treatment plants. The standards of performance for sewage treatment plants are those in 40 C.F.R. §§ 60.150 to 60.156, inclusive, (July 1, 2009).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:15:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:16. Standards of performance for coal preparation plants. The standards of performance for coal preparationplants are those in40 C.F.R. §§ 60.250to 60.254, inclusive, (July 1, 2009).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:16:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:17. Standards of performance for grain elevators. The standards of performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009). A source subjectto 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009) is exempt from the obligation to obtain a Part 70 operating permit ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009). Exempted sources must still meet the applicable requirements in 40 C.F.R. §60.300to 60.304, inclusive, (July 1, 2009).
Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:17:06,19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010.GeneralAuthority: SDCL 34A-1-6.LawImplemented: SDCL 34A-1-18.
74:36:07:18. Standards of performance for stationary gas turbines. The standards of performance for stationary gas turbines are those in40 C.P.R. §§ 60.330 to 60.335, inclusive, (July 1, 2009).
Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:19:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:19. Standards ofperformanceforlimemanufacturingplants. The standards of performance for lime manufacturing plants are those in 40 C.P.R. §§ 60.340 to 60.344, inclusive, (July 1, 2009).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:20. Standards of performance for metallic mineral processing plants. The standards ofperformance for metallic mineral processing plants are those in 40 C.P.R. §§ 60.380 to 60.386, inclusive, (July 1, 2009).
Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:21:02, 19 SDR 157, effective April22, 1993; 21 SDR 119, effectiveJanuary 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:21. Standards of performance for pressure-sensitive tape and label surface coating operations. The standards ofperformance for pressure-sensitive tape and label surface coating operations are those in40 C.P.R. § §60.440 to 60.447, inclusive, (July 1, 2009).
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28, 2010.GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry. The standards ofperformance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. §§ 60.480 to 60.489, inclusive, (July 1, 2009).
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:22.01. Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicals manufacturing industry for which construction, reconstruction, or modification commenced after November 7, 2006. The standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicals manufacturing industry, for which construction, reconstruction, or modification commenced after November 7, 2006, are those in 40 C.F.R. §60, SubpartVVa (July 1, 2009).
Source: 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of performance for bulk gasoline terminals are those in 40 C.F.R. §§ 60.500 to 60.506, inclusive, (July 1, 2009).
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:24. Standards ofperformancefor new residential wood heaters. The standards of performance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 60.539b, inclusive, (July 1, 2009).
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620to 60.625, inclusive, (July 1, 2009). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2009) is exempt from the obligation to obtain a Part 70 operatingpermit ifthe source is notrequired to obtain aPart 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2009). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2009).
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effectiveJune 28,2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:26. Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations. The standards of performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, (July 1, 2009).
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:27. Standards ofperformance for nonmetallic mineral processing plants. The standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. §§ 60.670 to 60.676, inclusive, (July 1, 2009).
Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:23:02, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:28. Standards of performance for magnetic tape coating facilities. The standards ofperformance for magnetic tape coating facilities are those in 40 C.F.R. §§60.710 to 60.718, inclusive, (July 1, 2009).
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010.GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18.
74:36:07:29. Operating requirements for wire reclamation furnaces. New wire reclamation furnaces shall be equipped with a secondary chamber or afterburner which provides for turbulentmixing and atwo-secondresidence time at 2200 degrees Fahrenheit or greater.
Newwire reclamation furnaces shall meet applicable emission standards during all phases of operation, and the secondary combustion chamber or combustion zone temperature shall be maintained atrequired levels until waste is completely combusted.
Source: 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-18.
74:36:07:30. Monitoring requirements for wire reclamation furnaces. An owner or operator ofa new regulated wire reclamation furnace shall install, calibrate, operate, and maintain devices which continuously monitor and record the temperature ofgases leaving the secondary or final combustion chamber. Such devices must have an accuracy of plus or minus 25 degrees Fahrenheit. Flames from the burners maynotimpactthe temperature sensors. Source: 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-ll.
74:36:07:31. Standards of performance for graphic arts industry

-- Publication rotogravure printing. The standards ofperformance for publication rotogravure printing in the graphic arts industry are those in 40 C.F.R. §§ 60.430 to 60.435, inclusive, (July 1, 2009).
Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18.
74:36:07:32. Standards ofperformance for volatile organic compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The standards of performance for volatile organic compound emissions from synthetic organic chemical manufacturing industry reactor processes are those in 40 C.F.R. §§ 60.700 to 60.707, inclusive, (July 1, 2009).
Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18.74:36:07:33. Standards ofperformance for calciners and dryers in mineral industries. The standards ofperformance for calciners and dryers in mineral industries are those in 40 C.F.R. §§ 60.730 to 60.736, inclusive, (July 1, 2009).
Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:34. Existing municipal solid waste landfill. The owner oroperator ofan existing municipal solid waste landfill that meets the following conditions shall comply with §§ 74:36:07:35 to 74:36:07:42, inclusive: (1) The landfill has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition; (2) The landfill has a design capacity greaterthan or equal to 2.5 millionmegagrams and 2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or cubic meters. Densityconversions mustbe documented and submittedwiththe report; and (3) The landfill has a nonmethane organic compound emission rate of50 megagrams a year or more. The calculation ofthe landfill nonmethane organic compound emission rate must meet the requirements of 40 C.F.R. §60.754 (July 1, 2009), to determine the landfill nonmethane organic compound emissionrate. Source: 23 SDR 106, effective December29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR209, effective June 28,2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:35. Plan submittal by existing municipal solid waste landfills. The owner or operator ofan existing municipal solid waste landfill that meets the requirements of§ 74:36:07:34 shall submit a plan within one year ofthe first annual report showing the nonmethane organic compound emissions equal or exceed 50 megagrams a year. The plan must be prepared by a professional engineer and contain a collection and control system and a compliance schedule that meets § 74:36:07:38. The plan must be approved by the department in accordance with §§ 74:36:07:36 to 74:36:07:38, inclusive.
Source: 23 SDR 106, effective December29, 1996; 25 SDR 123, effectiveApril4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:36. Collection system. The department shall approve the collection and control system plan ifit is equivalent to or meets the conditions provided in 40 C.F.R. §60.752(b)(2)(ii) (July 1, 2009), andthe control requirements in§ 74:36:07:37.
Source: 23 SDR 106, effective December29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:37. Control system. The department shall approve the control system if it is equivalentto ormeets one ofthe following requirements: (1) An open flare designed and operated in accordance withthe parameters established in 40 C.F.R. §60.18 (July 1, 2009); (2) A control system designed and operatedto reduce nonmethane organic compoundsby 98 percentbyweight; or (3) An enclosed combustor designed and operated to either reduce nonmethane organic compounds by 98 percent by weight or the outlet nonmethane organic compound concentration to 20 partspermillion as hexane by volume, dry basis atthree percentoxygen, orless.
Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:38. Compliance schedule for existing municipal solid waste landfills. The owner or operator of an existing municipal solid waste landfill that meets the requirements of §74:36:07:34 must meetthe following compliance dates: (1) Award contracts within 15 months ofthe first annual report showing the nonmethane organic compoundemissions equal orexceed 50 megagrams ayear; (2) Begin construction within 18 months ofthe first annual report showing the nonmethane organic compound emissions equal orexceed 50 megagrams ayear; (3) Complete construction within 30 months of the first annual report showing the nonmethane organic compound emissions equal orexceed 50 megagrams ayear; and (4) Demonstrate compliance with all applicable requirements within 180 days ofcompleting construction.
Source: 23 SDR 106, effective December29, 1996; 25 SDR 123, effectiveApril 4, 1999.

### GeneralAuthority: SDCL 34A-I-6. LawImplemented: SDCL 34A-I-I8.
74:36:07:39. Existing municipal solid waste landfill operational standards for collection and control systems. The owner or operator of an existing municipal solid waste landfill that meets the requirements of §

### 74:36:07:34 shall meet the operational standards for collection and control systems in 40 C.P.R.§ 60.753 (July I, 2009).
Source: 23 SDR I06, effective December29, I996; 25 SDR I23, effective April4, I999; 26 SDR I68, effective June 27, 2000; 30 SDR26, effective September I, 2003; 3I SDR 10I,effective January 2, 2005; 32 SDR 209, effective June I3, 2006; 33 SDR 2I7, effective June I3, 2007; 36 SDR 207, effective June 28, 20IO. GeneralAuthority: SDCL 34A-I-6. LawImplemented: SDCL 34A-I-I8.
74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner or operator of an existing municipal solid waste landfill that meets the requirements of §

### 74:36:07:34 shall meetthe complianceprovisions in 40 C.P.R. §

### 60.755 (July I, 2009).
Source: 23 SDR I06, effective December 29, I996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June I3, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner or operator of an existing municipal solid waste landfill that meets the requirements of §

### 74:36:07:34 shall meetthe monitoringprovisions in 40 C.P.R. §

### 60.756 (July 1, 2009).
Source: 23 SDR 106, effective December29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June I3, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-I-18.
74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 

### 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.P.R. §§ 

### 60.757 and 60.758 (July 1, 2009).
Source: 23 SDR 106, effective December29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The owner or operator of an existing municipal solid waste landfill that meets the requirements of subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound emission rate report within 90 days ofthe effective date ofEPA's approval ofthe state's § 111(d) planrequiredinthe CleanAirActandannually oreveryfive yearsthereafter in accordance with40 C.P.R. § 60.757(b) (July 1, 2009).
Source: 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 28,2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18
74:36:07:43. Standards of performance for new municipal solid waste landfills. The standards of performance for municipal solid waste landfills that commenced construction, reconstruction, or modification on or after May 29, 1991, are those in 40 C.P.R. §§ 60.751 to 60.759, inclusive, (July 1, 2009). Physical or operational changes made to existingmunicipal solid waste landfills solely to comply with §§ 74:36:07:34 to 74:36:07:42, inclusive, or activities required by or conducted pursuant to a CERCLA, RCRA, or state remedial action are not consideredconstruction, reconstruction, ormodification for purposes ofthis section.
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:44. Standards of performance for nitric acid plants. The standards of performance for nitric acid plants are those in 40 C.P.R. §§ 60.70 to 60.74, inclusive, (July 1, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 28, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:45. Standards of performance for sulfuric acid plants. The standards of performance for sulfuric acid plants are those in 40 C.P.R. §§ 60.80 to 60.85, inclusive, (July 1, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:46. Standards of performance for petroleum refineries. The standards of performance for petroleumrefineries are those in40 C.P.R.§§ 60.100 to 60.108, inclusive, (July 1, 2009).Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:46.01. Standards of performance for petroleum refineries for which construction, reconstruction, or modification commenced after May 14, 2007. The standards ofperformance for petroleum refineries for which construction, reconstruction, or modification commenced after May 14,2007, are those in 40 C.F.R. § 60, SubpartJa, (July 1, 2009).
Source: 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:47. Standards of performance for secondary lead smelters. The standards of performance for secondary lead smelters are those in 40 C.F.R. §§ 60.120 to 60.123, inclusive, (July 1, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:48. Standards of performance for secondary brass and bronze production plants. The standards ofperformance for secondary brass and bronze production plants are those in 40 C.F.R. §§ 60.130to 60.133, inclusive, (July 1, 2009).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:49. Standards of performance for primary emissions from basic oxygen process furnaces for which construction commenced after June 11, 1973. The standards of performance for basic oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144, inclusive, (July 1, 2009).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:50. Standards of performance for secondary emissions from basic oxygen process steelmakingfacilities for which construction commenced afterJanuary20, 1983. The standards ofperformance for basic oxygen process steelmaking facilities are those in 40 C.F.R. § §60.140ato 60.145a, inclusive, (July I, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.74:36:07:51. Standards of performance for primary copper smelter. The standards of performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, (July 1, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:52. Standards of performance for primary zinc smelter. The standards of performance for primary zinc smelters are those in 40 C.F.R. §§ 60.170 to 60.176, inclusive, (July 1, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:53. Standards of performance for primary lead smelter. The standards of performance for primary lead smelters are those in40 C.F.R. §§ 60.180 to 60.186, inclusive, (July 1, 2009).
Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:54. Standards of performance for primary aluminum reduction plant. The standards ofperformance for primary aluminum reduction plants are those in 40 C.F.R. §§ 60.190 to 60.195, inclusive, (July 1, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The standards ofperformance for wet-process phosphoric acid plants are those in 40 C.F.R. §§ 60.200 to 60.204, inclusive, (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:56. Standards of performance for superphosphoric acid plant. The standards of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 60.210 to 60.214, inclusive, (July 1, 2009). Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:57. Standards of performance for diammonium phosphate plant. The standards ofperformance for diammonium phosphate plants are those in 40 C.P.R. §§ 60.220 to 60.224, inclusive, (July 1, 2009).
Source: 33 SDR 217, effectiveJune 13, 2007; 36 SDR 207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:58. Standards ofperformance for triple superphosphate plant. The standards of performance for triple superphosphate plants are those in 40 C.P.R. §§ 60.230 to 60.234, inclusive, (July 1, 2009).
Source: 33 SDR 217, effectiveJune 13, 2007; 36 SDR 207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:59. Standards of performance for granular triple superphosphate storage facility. The standards of performance for granular triple superphosphate storage facilities are those in40 C.P.R. §§ 60.240 to 60.244, inclusive, (July 1, 2009).
Source: 33 SDR 217, effectiveJune 13, 2007; 36 SDR 207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:60. Standards ofperformance for ferroalloy production plant. The standards of performance for ferroalloy production plants are those in 40 C.P.R. §§ 60.260 to 60.266, inclusive, (July 1, 2009).
Source: 33 SDR 217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen decarburization vessels constructed after August 17, 1983. The standards ofperformance for electric arc furnaces and argon-oxygendecarburizationvessels are those in 40 C.P.R. §§ 60.270ato 60.276a, inclusive, (July 1, 2009).
Source: 33 SDR 217, effectiveJune 13, 2007; 36 SDR 207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:62. Standards of performance for kraft pulp mills. The standards of performance for kraft pulp mills are those in 40 C.P.R. §§ 60.280 to 60.285, inclusive, (July 1, 2009).
Source: 33 SDR 217, effectiveJune 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.74:36:07:63. Standards ofperformance for glass manufacturing plant. The standards of performance for glass manufacturing plants are those in 40 C.F.R. §§ 60.290 to 60.296, inclusive, (July 1, 2009).
Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:64. Standards of performance for surface coating of metal furniture. The standards ofperformance for surface coating ofmetal furniture are those in 40 C.F.R. §§ 60.310 to 60.316, inclusive, (July 1, 2009).
Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:65. Standards ofperformance for lead-acid battery manufacturing plant. The standards of performance for lead-acid battery manufacturing plants are those in 40 C.F.R. §§ 60.370to 60.374, inclusive, (July 1, 2009).
Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:66. Standards of performance for automobile and light duty truck surface coating operations. The standards of performance for automobile and light duty truck surface coatingoperations are those in40 C.F.R. §§ 60.390 to 60.398, inclusive, (July 1, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR208, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:67. Standards of performance for phosphate rock plants. The standards of performance for phosphate rock plants are those in 40 C.F.R. §§ 60.400 to 60.404, inclusive, (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:68. Standards of performance for ammonium sulfate manufacture. The standards ofperformance for ammonium sulfate manufacture are those in 40 C.F.R. §§ 60.420 to 60.424, inclusive, (July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:69. Standards of performance for industrial surface coating

-- Large appliances. The standards ofperformance for industrial surface coating oflarge appliances are those in 40 C.P.R. §§ 60.450 to 60.456, inclusive, (July 1, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:70. Standards ofperformance for metal coil surface coating. The standards of performance for metal coil surface coating are those in 40 C.P.R. §§ 60.460 to 60.466, inclusive, (July 1, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:71. Standards of performance for asphalt processing and asphalt roofing manufacture. The standards of performance for asphalt processing and asphalt roofing manufacture are those in 40 C.P.R.§§ 60.470 to 60.474, inclusive, (July 1, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:72. Standards ofperformance for beverage can surface coatingindustry. The standards of performance for beverage can surface coating industry are those in 40 C.P.R. §§ 60.490 to 60.496, inclusive, (July 1, 2009).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:73. Standards of performance for rubber tire manufacturing industry. The standards ofperformance for rubber tire manufacturing industry are those in 40 C.P.R. §§ 60.540 to 60.548, inclusive, (July 1, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28, 1010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:74. Standards ofperformance for volatile organic compound emissions from polymer manufacturing industry. The standards of performance for polymer manufacturing industry are those in 40 C.P.R. §§ 60.560 to 60.566, inclusive, (July 1, 2009).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.74:36:07:75. Standards of performance for flexible vinyl and urethane coating and printing. The standards ofperformance for flexible vinyl and urethane coating and printing are those in40 C.F.R. §§ 60.580to 60.585, inclusive, (July 1, 2009).
Source: 33 SDR217, effective June 13, 2007; 36 SDR207, effective June 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum refineries. The standards ofperformance for equipment leaks in petroleum refineries are those in 40 C.F.R. §§ 60.590 to 60.593, inclusive, (July 1, 2009).
Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum refineries. The standards ofperformance for equipment leaks in petroleum refineries for which construction, reconstruction, or modification commenced after November 7, 2006, are those in 40 C.F.R. § 60, Subpart GGGa, (July 1, 2009).
Source: 36 SDR207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:77. Standards of performance for synthetic fiber production facility. The standards ofperformance for synthetic fiber production facilities are those in40 C.F.R. §§ 60.600 to 60.604, inclusive, (July 1, 2009).
Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28,2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:78. Standards of performance for VOC emtsstons from synthetic organic chemical manufacturing industry air oxidation unit process. The standards ofperformance for synthetic organic chemical manufacturing industry air oxidation unit processes are those in 40 C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 2009).
Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:79. Standards of performance for equipment leaks of VOC from onshore natural gas processing plant. The standards ofperformance for equipment leaks from onshore natural gasprocessingplants are those in40 C.F.R. §§ 60.630 to 60.636, inclusive, (July 1, 2009).
Source: 33 SDR217, effectiveJune 13, 2007; 36 SDR207, effectiveJune 28, 2010.