federal agency includes the chief executive officer having responsibility for the overall operations 

of a principal geographic unit of the agency; or 

( 4) For affected 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 other purposes under chapter 74:36:05. 

Source: 19 SDR 157, effective April22, 1993; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:17. Significant defined. Repealed. 

Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:06.04, 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effective April 22, 1993; 25 SDR 123, effective April 4, 1999; repealed, 31 SDR 101, effective 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 of the municipal solid waste landfill may be 

separated by access roads. A municipal solid waste landfill may be publicly or privately owned, a 

new landfill, an existing landfill, or a lateral expansion. 

Source: 23 SDR 106, effective December 29, 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 solid waste landfill solely to 

comply with applicable emission limits are not considered a modification or reconstruction. 

Source: 23 SDR 106, effective December 29, 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 in the method of operation does not include the following: 

(1) Routine maintenance, repair, and replacement; 
(2) Use of an alternative fuel or raw material because of an 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, or because of a natural gas curtailment plan pursuant to the Federal Power Act as 

in effect on January 1, 1993; 

(3) Use of an alternative fuel because of an order or rule under§ 125 of the Clean Air Act; 

(4) Use at a steam generating unit of an alternative fuel that is generated from municipal 

solid waste; 

(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, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2009); 

(6) Any change of ownership at a source; 

(7) The use of an alternative fuel or raw 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 of an 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 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:21. Commenced construction defined. Commenced construction means the 

owner or operator has all necessary construction approvals or permits and has: 

( 1) Begun, or caused to begin, a continuous program of actual on-site construction of the 

new source or modification to the existing source; or 

(2) Entered into a binding agreement or contractual obligation, which cannot be cancelled or 

modified without substantial loss to the owner or operator, to undertake a program of actual 

construction of the source. 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

CHAPTER 74:36:02 
AMBIENT AIR 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 of sampling and analysis. 

Air quality monitoring network. 

Ambient air monitoring requirements. 

74:36:02:01. Air quality goals. The air quality goals are as follows: 

( 1) Protection of the public health; 

(2) Prevention of damage to buildings, property, animals, plants, forests, and agricultural 

crops; 

(3) Optimization of visibility; and 

( 4) Minimization of the corrosion of or damage to metals or other materials. 

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 air quality 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 of air pollution above which the ambient air 

would limit the attainment of the 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 of air pollutants. 

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. 

General Authority: 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 with 40 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 SDR 207, effective June 28, 2010. 

General Authority: 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 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010. 

General Authority: 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 of monitoring activities and results shall be retained for a minimum of three 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 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6, 34A-1-15. 

Law Implemented: SDCL 34A-l-15. 

Section 

74:36:03:01 

74:36:03:02 

CHAPTER 74:36:03 

AIR QUALITY EPISODES 

Air pollution emergency episode. 

Episode emergency contingency plan. 

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), if the accumulation of air pollutants in any 

place is attaining or has attained levels which could, if such levels are sustained or exceeded, lead 

to a substantial threat to the health of the 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 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010. 

General Authority: 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. 

General Authority: 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 

CHAPTER 74:36:04 

OPERATING PERMITS FOR MINOR SOURCES 

Applicability. 

Minor source operating permit required. 

Minor source operating permit exemption. 

Emission unit exemptions. 

Minor source operating permit variance. 

Standard for issuance o a minor source operating permit. 

Time period for operating permits and renewals. 

Timely and complete application for operating permit required. 

Required contents of complete application for operating permit. 

Applicant required to supplement or correct application. 

Permit application -- Completeness review. 

Time period for department's recommendation. 

Repealed. 

Public participation in permitting process. 

Public review of department's draft permit. 

Final permit decision-- Notice to interested persons. 

Right to petition for contested case hearing. 

Contents of operating permit. 

Operating permit expiration. 

Renewal of operating permit. 

Operating permit revision. 

Administrative permit amendment. 
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. 

Minor permit amendment required. 

Requirements for minor permit amendment. 

Application for minor permit amendment. 

Department deadline to approve minor permit amendment. 

Permit modifications. 

Source status change-- New permit required. 

Reopening operating permit for cause. 

Procedures to reopen operating permit. 

Repealed. 

Operating permit termination, revision, and revocation. 

Notice of operating noncompliance -- Contents. 

Petition for contested case on alleged violation. 

Repealed. 

Circumvention of emissions not allowed. 

General permits. 

Secretary may require an individual permit. 

74:36:04:01. Applicability. The requirements of this chapter apply to all minor sources. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: 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 of air pollutants into the ambient air or any equipment 

that prevents or controls the emission of air pollutants into the ambient air until a construction 

permit or minor source operating permit has been issued by the board or the 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 SDR 207, effective June 28, 2010. 

General Authority: 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 

exempt from obtaining a minor source operating permit: 

(1) A source that has the potential to emit 25 tons or less per year of any criteria pollutant, 

except lead, before the application of control equipment; and 

(2) Any other source constructed for domestic purposes and not intended for use by an 

industry, manufacturer, or business. 

Source: 36 SDR 207, effective June 28, 2010. 

General Authority: 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 

preconstruction permit, or NSR preconstruction permit: 

( 1) One or more incinerators of less than 100 pounds per hour combined burning capacity 

that combust municipal or household waste; 

(2) A mobile internal combustion engine, including those in autos, trucks, tractors, 

airplanes, locomotives, and boats; 

(3) Laboratory equipment used exclusively for chemical or physical analysis; 

( 4) A unit that has a heat input capability of not 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, or paving parking lots; and 

(7) A unit that has the potential to emit two tons or less per year of any criteria pollutant 

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

unit must be included in determining whether the 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. 

General Authority: 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 

significant deterioration, 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 if the source obtained a minor source operating permit by accepting federally enforceable 

permit conditions to prevent the source from needing a Part 70 operating permit. 

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 relevant to establishing the burden 
of proof required under SDCL 34A-1-27. The compliance plan must outline the steps that will be 

taken to 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 against the department's recommendation may submit written comments 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, or adopt the department's recommendation. 

Source: 23 SDR 106, effective December 29, 1996; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-24. 

Law Implemented: SDCL 34A-1-12, 34A-1-19, 34A-1-24. 

Cross-Reference: Operating permits for Part 70 sources, ch 74:36:05. 

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 outlined in§§ 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 or permit revision may be issued only if it has been shown that the operation of 

the source or permit revision will not prevent or interfere with the attainment or maintenance of an 

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 of the 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 

conditions justified under 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, 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. 

General Authority: 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 a period up to five years and all subsequent operating permits shall 

be for a period of 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 

April 22, 1993. 

General Authority: 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 if it meets the time limits specified in 

this section. An application is complete if it meets the requirements 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 of the emission unit(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 of permit expiration. If an existing source submits a timely and 

complete application for renewal of an operating permit within this 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. 

General Authority: 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 a permit modification must 

obtain a construction permit in accordance with chapter 74:36:20 before commencing construction 

of the source or permit 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 information to be considered a complete application: 

(1) General company information, including the company name and address or the plant 

name and address if different from the company name, the owner's name and agent, and the plant 

site manager or contact; 

(2) A description of the plant and its processes and products; 

(3) The following information on emissions: 

(a) Identification and description of all emission units; 

(b) Fuels, fuel use, raw materials, and production rates; 

(c) Identification and description of air pollution control equipment; 

(d) Limitations on source operation affecting emissions or any work practice standards, 

where applicable, for all regulated air pollutants; 
(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 

pollutants regulated at the source; 

( 4) A copy of any prepared plans and the specifications of any equipment or other facilities 

which may affect the source, including pollution control devices; 

(5) An abatement strategies plan, if required by chapter 74:36:03; 

(6) A signed and notarized certification of applicant form; 

(7) The results of any air dispersion modeling required by the department; 

(8) The results of any stack performance testing required by the department; 

(9) Any other information requested by the department which is relevant to determining 

compliance with the act or the Clean Air Act. 

The application must be signed by the responsible official or designated representative. An 

application for the renewal of an operating permit may refer to a previously submitted application 

if there 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 SDR 4, 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. 

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

Law Implemented: SDCL 34A-1-12, 34A-1-21. 

74:36:04:08. Applicant required to supplement or correct application. If the 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 of the 

draft permit. 

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-1-12, 34A-1-21. 

74:36:04:09. Permit application -- Completeness review. The department shall conduct a 

completeness review of each permit application received, as follows: 

(1) Within 30 days after submission of an application for an initial operating permit, a 

permit modification, or a renewal of an operating permit for a minor source, the department shall 

notify the applicant in writing whether or not the application is complete or incomplete. If the 

department does not notify the applicant that the application is incomplete within 30 days after 

receipt of the application, the application is considered complete. The department may at any time 

during the processing of the application request, in writing, additional information necessary to 

evaluate or take final action on the 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 of an 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 if the application is or is not complete. 

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

SDR 123, effective April4, 1999; 36 SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:10. Time period for department's recommendation. The department shall 

recommend issuance or denial of an operating permit, a permit modification, or a renewal for an 

operating permit for a minor source within 90 days after the submission of a complete application 

and all other additional information necessary for the department to make an informed decision. A 

recommendation to issue a permit shall include a draft permit with appropriate conditions to ensure 

compliance with the act and Clean Air Act. Failure of the department to act on an application 

entitles the applicant to petition for and obtain a contested case review of the 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 SDR 4, 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 SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:11. Department's recommendation on operating permit. 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 SDR 4, 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 SDR 207, effective June 28, 2010. 

74:36:04:12. Public participation in permitting process. The department shall mail a 

copy of the draft permit for a minor source to the applicant. The department shall publish a public 

notice of the 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 the permit 

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 of the notice; 

describe the procedures a person must follow to contest the draft permit and request a hearing in 
accordance with article 74:09; and a statement describing where copies of the 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 a draft permit. 

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 SDR 4, 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, effective April4, 1999; 36 SDR 207, effective June 28, 

2010. 

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

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

74:36:04:12.01. Public review of department'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 

draft permit as provided in§ 74:36:04:13. 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 of this article or the 

requirements of the Clean Air Act. 

Source: 25 SDR 123, effective April4, 1999; 36 SDR 207, effective June 28,2010. 

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

Law Implemented: 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 of the end of the 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 of this section, the final permit decision means 

proposing a permit, denying a permit, or terminating a permit. 

The final permit will be issued within 30 days of notifying the applicant and each person that 

submitted written comments or requested notification of the final permit decision except under the 

following conditions: 

(1) A later effective date is specified in the final permit decision; 

(2) A contested case 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 and the final permit is issued at the end of the public notice period. 

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 SDR 4, 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 SDR 
157, effective April22, 1993; 25 SDR 123, effective April4, 1999; 36 SDR 207, effective June 28, 

2010. 

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. 

74:36:04:14. Right to petition for contested case hearing. The applicant or interested 

person 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 if the person has an 

interest affected by the department's draft permit. Such petitions must comply with the provisions 

of article 74:09 and be received by the department within 30 days after publication of the notice 

required by § 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 of article 74:09 and be received by the department 

within 30 days after receiving the department's final permit decision. 

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in 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 SDR 4, 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. 

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. 

74:36:04:15. Contents of operating permit. An operating permit for a minor source shall 

include the following: 

(1) The signature of either the secretary or the chairman; 

(2) The name of the person, company, political subdivision, agency, or institution granted a 

permit; 

(3) The type of operation; 

(4) The facility and mailing address; 

(5) The date the operating permit was granted and on which it will expire; 

(6) A number for administrative reference; 

(7) The name of a designated person or officer responsible for the source's operation; 

(8) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act; 

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act; 

(1 0) Monitoring and related record keeping and reporting requirements; 

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and 

(12) Provisions stating the 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, permit revision, or denial of a permit renewal 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 of any 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, or terminating the permit or to 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 SDR 207, effective June 28,2010. 

General Authority: 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 application has been submitted to the department. 

Source: 19 SDR 157, effective April22, 1993; 36 SDR 207, effective June 28,2010. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:17. Renewal of operating 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 

operating permit issuance. 

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 

SDR 207, effective June 28,2010. 

General Authority: 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 of an 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, or permit 

modification. 

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, 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 operating permit meeting the requirements of§ 74:36:01:03. An 

application for an administrative permit amendment shall contain a description of the 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 without the procedural requirements applicable to obtaining a permit modification. 

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 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 

requirement under Title I of the Clean Air Act. 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 36 

SDR 207, effective June 28, 2010. 

General Authority: 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) It does 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 of an emission limit or other 

standard, a source-specific determination for temporary sources of ambient 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 provision of Title I, or an alternative emissions limit approved pursuant to 

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

(5) It does not constitute a modification under Title I of the Clean Air Act. 

Source: 21 SDR 119, effective January 5, 1995. 

General Authority: 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 of the proposed change, the resulting change in emissions, and any new 

applicable requirements; 

(2) The source's suggested draft permit; and 

(3) Certification by a responsible official that the proposed revision meets the applicable 

requirements of a minor permit amendment. 

Source: 21 SDR 119, effective January 5, 1995. 

General Authority: 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 after receipt of a complete application for the amendment: 

( 1) Issue the minor permit amendment as proposed; 

(2) Deny the minor permit amendment application; or 

(3) Determine that the requested minor permit amendment should be processed as a permit 

modification. 

The source may implement a proposed revision that is considered a minor permit amendment 

seven days after submitting a complete application. The secretary shall issue minor permit 

amendments without the procedural requirements applicable to obtaining a permit modification. 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010. 

General Authority: 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 

cover only the proposed changes rather than the unchanged activities of the permittee. 
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. 

74:36:04:22. Source status change-- New permit required. If a minor source becomes a 

Part 70 source because of a relaxation in a federally enforceable limit on the capacity of the source 

or modification as defined in § 74:36:01:10, the requirements of chapter 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 if the department determines that the permit contains a material 

mistake in establishing the emissions standards or limits or other requirements of the operating 

permit or the department determines that the operating permit must be revised to ensure 

compliance with the applicable requirements of this article and the Clean Air Act. 

Source: 19 SDR 157, effective April22, 1993; 36 SDR 207, 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 requirements to issue an initial permit and shall affect only those 

parts of the permit for which cause to reopen exists. 

Source: 19 SDR 157, effective April22, 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 of intent. 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 of this article or nonpayment of any outstanding enforcement penalty. 

Source: 19 SDR 157, effective April22, 1993; 36 SDR 207, effective June 28,2010. 

General Authority: 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 of a source is not in compliance with this article, the Clean Air Act, 

or permit conditions, the department may issue a notice of such a finding to the permit holder or 

operator of the source. The notice must contain citations to the rules, statutes, or permit 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 with the source that specifies the date for final compliance of the source and 

any penalties under SDCL 34A-1-39. If a compliance agreement can not be negotiated, the 

department may petition the chairman of the board for a contested case hearing or may file a civil 

penalty or injunctive action in 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. 

General Authority: 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 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, 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-47, 34A-1-49. 

74:36:04:30. Stack performance tests required. Repealed. 

Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 

29, 1996. 

74:36:04:31. Circumvention of emissions not allowed. A person may not install or cause 

the installation or use of a device or a means which conceals or dilutes an emission of air 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, or equivalent opening from which they were designed to 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 permit to a category of air 

pollution sources that meets the following: 

( 1) Involve the same or substantially similar types of operations; 

(2) Require the same or similar type of air emission limits; and 

(3) Require the same or similar record keeping and monitoring. 

If a general permit has been issued by the secretary, all sources covered by the general permit 

shall apply for permission to operate under the general permit. Such sources may not be 

constructed or operate until they are granted coverage under the general permit, or until they obtain 

an individual permit if required by the secretary. 

Source: 30 SDR 26, effective September 1, 2003; 36 SDR 207, 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 permit to apply for and obtain an 

individual air quality permit. Individual air quality permits may be required at the discretion of the 

secretary, including under the following circumstances; 

( 1) The owner or operator is not in compliance with the conditions of its existing individual 

air permit prior to applying for the general permit; or 

(2) The owner or operator is not in compliance with the conditions of the general permit. 

Source: 30 SDR 26, effective September 1, 2003. 

General Authority: SDCL 34A-1-21. 

Law Implemented: SDCL 34A-l-56. 

CHAPTER 74:36:05 

OPERATING PERMITS FOR PART 70 SOURCES 
Section 

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 operating permit required. 

Sources required to obtain a Part 70 operating permit. 

Repealed. 

Sources exempt from obtaining a Part 70 operating permit. 

Insignificant activities. 

Transferred. 

Standard for issuance of a Part 70 permit. 

Fees required for operating permit. 

Time period for operating permits and renewals. 

Timely and complete application for operating permit required. 

Complete application. 

Transferred. 

Required contents of complete application. 

Applicant required to supplement or correct application. 

Repealed. 

Deadline for final action on permit application. 

Statement of basis for recommended permit conditions. 

Operating permit requirements. 

Public participation in permitting process. 

Public and affected state review of draft permit. 

Transferred. 

Repealed. 

Final permit decision-- Notice to interested persons. 

Petitions for contested case hearing. 

EPA review of Part 70 operating permit. 

EPA objection to issuance of operating permit. 

Department response to EPA objection. 

Department failure to meet EPA objection deadline. 

Public petition to EPA on the final permit. 

Repealed. 

Transferred. 

Permit expiration. 

Permit renewal. 

Permit flexibility. 

Permit amendment -- Application required. 

Administrative permit amendment required. 

Procedure for administrative permit amendments. 

Minor permit amendment required. 

Requirements for minor permit amendments. 

Application for minor permit amendment. 

Notification of EPA and affected states required. 

Department deadline to approve minor permit amendment. 

Permit modifications. 

Reopening operating permit 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 

Procedures to reopen permit. 

Reopening permit for cause by EPA. 

EPA review of proposed determination. 

Department failure to submit proposed determination. 

Repealed. 

Permit termination, modification, revocation, and reissuance by 

department. 

Notice of operating noncompliance-- Contents. 

Circumvention of emissions not allowed. 

Petition for contested case on alleged violation. 

Repealed. 

Federal enforceability of permit conditions. 

General permits. 

Secretary may require an individual permit. 

74:36:05:01. Applicability. The requirements of this chapter apply to 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 SDR 207, effective June 28,2010. 

General Authority: 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 of air pollutants into the ambient air until a construction permit, 

PSD preconstruction permit, NSR preconstruction permit, or Part 70 operating permit has been 

issued by the board or the 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 SDR 207, effective June 28, 2010. 

General Authority: 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 operating permit required, § 74:36:05:08. 

74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required to 

obtain a Part 70 operating permit include the following: 

(1) Any major source; 

(2) Any source, including an area source, subject to a standard or regulation promulgated 

under§ Ill of the Clean Air Act unless otherwise specified in chapter 74:36:07; 
(3) Any source, including an area source, subject to a standard or regulation promulgated 

under § 112 of the Clean Air Act, except for a source that is solely subject to the regulations or 

requirements of§ 112(r) or unless otherwise specified in chapter 74:36:08; 

(4) Any affected source subject to Title IV ofthe Clean Air Act; and 

(5) Any source in a source category designated by the administrator of the EPA through the 

Clean Air Act pursuant to Title V of the Clean Air Act. 

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

SDR 123, effective April4, 1999; 36 SDR 207, effective June 28,2010. 

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

Law Implemented: SDCL 34A-1-12, 34A-1-21. 

74:36:05:03.01. PSD or NSR preconstruction 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 exempt from obtaining a Part 70 operating permit: 

(1) All sources that 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 if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart AAA. Exempted sources must still meet the 

applicable requirements in Subpart AAA; 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. 

General Authority: 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 

avoid needing a PSD preconstruction permit or NSR preconstruction permit: 
( 1) One or more incinerators of less than 1 00 pounds per hour combined burning capacity 

that combust municipal or household waste; 

(2) A mobile internal combustion engine, including engines in autos, trucks, tractors, 

airplanes, locomotives, and boats; 

(3) Laboratory equipment used exclusively for chemical or physical analysis; 

( 4) A unit that has a heat input capability of not 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, or paving parking lots; 

(7) A unit that has the potential to emit two tons or less per year of any criteria pollutant 

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

unit must be included in determining whether the 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 if a 

state or federal limit is applicable to 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 of or to impose an applicable requirement. 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 

SDR 101, effective January 2, 2005; 36 SDR 207, 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 of a Part 70 operating permit. A Part 70 operating 

permit for a source or permit revision may be issued only if it has been shown that the operation of 

the source or permit revision will not prevent or interfere with the attainment or maintenance of an 

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 comply with emission limits and other requirements of the 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 

justified under 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, effective April22, 1993; 20 SDR 125, 

effective February 9, 1994; 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. 
General Authority: 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 operating permit. The applicant for a Part 70 operating 

permit and the owner or operator of a 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. 

General Authority: SDCL 34A-1-57, 34A-1-58. 

Law Implemented: SDCL 34A-1-58. 

74:36:05:07. Time period for operating permits and renewals. A permit for an affected 

source under Title IV of the Clean Air Act shall be for a fixed term of five years. Operating permits 

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 of five years. A permit issued for a solid waste incinerator subject to 

the requirements of§ 129(e) of the Clean Air Act shall be for a period not to exceed 12 years and 

shall be reviewed by the 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. 

General Authority: 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 if it meets 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 

application to the department within 12 months after commencing operation; 

(2) A Part 70 source applying for a permit modification shall submit a complete application 

to the department within 12 months after commencing operation of the emission units involved 

with the modification; 

(3) A Part 70 source applying for renewal of an 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 if the 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) of the Clean Air Act or have a 

PSD preconstruction permit or NSR preconstruction permit must file a complete application to 
obtain a Part 70 operating permit or a permit modification, whichever is applicable, for the Part 70 

source within 12 months after commencing operation. If an existing operating permit for a Part 70 

source would prohibit such construction or the change in operation, the source must obtain the 

applicable construction permit, PSD preconstruction permit, or NSR preconstruction permit before 

commencing operation; 

(5) Applications for initial phase II acid rain permits must be submitted to the department by 

January 1, 1996, for sulfur dioxide and by January 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 of the effective date of EPA's approval of the state's § Ill (d) plan required in the Clean Air 

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 SDR 207, effective June 28,2010. 

General Authority: 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 operating permit or a permit modification must 

obtain a construction permit in accordance with chapter 74:36:09, 74:36:10, or 74:36:20 before 

commencing construction of the source or permit modification. 

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. If the department does not notify the applicant that the application is incomplete 

within 60 days after receipt of the application, the applicant may consider the application complete. 

At any time during the processing of the application, the department may request, in writing, 

additional information necessary to evaluate or take final action on the 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 of an 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 of the response and shall notify the 

applicant in writing if the application is or is 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 requirement to have an acid rain permit until the 

final permit is issued, if any 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, effective April4, 1999; 36 SDR 207, effective June 28, 2010. 
General Authority: 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 

application to be considered complete: 

(1) General company information, including the company name and address or the plant 

name and address if different from the company name, the owner's name and agent, and the plant 

site manager or contact; 

(2) A plant description in terms of the processes and products identified by the Standard 

Industrial Classification Code, 1987, including any associated with each alternate scenario 

identified by the source; 

(3) The following information on emissions: 

(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, except when such units are exempt; 

(b) Identification and description of all emission units described in subsection (a) of this 

subdivision in sufficient detail to establish the basis for fees and the applicability of requirements 

of the Clean Air Act; 

(c) Emissions rates in total tons per year and in any other terms necessary to establish 

compliance consistent with the applicable standard reference test method; 

(d) Fuels, fuel use, raw materials, production rates, and operating 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 air pollutants; 

(g) For all pollutants regulated at the source, 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; and 

(h) Calculations on which the items in this subdivision are based; 
( 4) One copy of any prepared plans and the specifications of any equipment or other 

facilities that may affect the source, including pollution control devices; 

(5) An abatement strategies plan, if required by chapter 74:36:03; 

( 6) A signed and notarized certification of applicant form, as provided by the department; 

(7) The results of any 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 of fugitive emissions included in the same manner as stack emissions, whether 

or not the source is included in the list of sources contained in the definition of major source; 

(1 0) A description of or reference 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 of the Clean Air Act or to determine the applicability of such requirements; 

( 12) An explanation of any proposed exemptions from otherwise applicable requirements; 

(13) The use of standardized forms for acid rain portions of permit applications and 

compliance plans; 

(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 emission cap; 

( 15) A compliance plan that contains all of the following and is at least as stringent as that 

contained in any judicial consent decree or administrative order to which the source is subject: 

(a) A description of the compliance status of the source for all applicable requirements, 

including applicable requirements that will become effective during the term of the permit; 

(b) A description of the requirements for which the source is not in compliance at the 

time of permit issuance and a narrative description and a compliance schedule of how the source 

will achieve compliance with such requirements. The compliance schedule must include a 

statement that progress reports 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 of compliance by a responsible official that addresses all air pollution 

control requirements applicable to the source. A certification of compliance for an affected source 

subject to Title IV and chapter 74:36:16 must be submitted by the designated representative. This 
certification must be consistent with any applicable enhanced monitoring and compliance 

certification requirement of the Clean Air Act and must include: 

(a) A statement indicating methods used to determine compliance, including monitoring, 

record keeping and reporting requirements, and test methods; 

(b) A statement that compliance certifications will be submitted at least annually or at 

other designated times for the duration of the permit to the department; 

(c) A statement that the source is in compliance with all applicable requirements; 

(d) A statement identifying the condition of the permit that is the basis of the 

certification, indicating the compliance status, and identifying whether compliance is continuous or 

intermittent; and 

(e) A statement indicating the source's compliance status with any applicable enhanced 

monitoring and compliance certification requirements of the Clean Air Act; 

( 17) A certification by a responsible official of the truth, accuracy, and completeness of any 

application form, report, or compliance certification submitted to the department. This certification 

and any other required certification must state that, based on information and belief formed 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 of an application 

for a permit to operate a Part 70 source which is relevant to determine compliance of the source 

with the Clean Air Act. 

An application for a renewal of an operating permit for a Part 70 source may refer to 

previously submitted material. 

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 

SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28,2010. 

General Authority: 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 of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no PB 87-100012. 

Cost: $31. 

74:36:05:13. 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 but before the release of the draft 

permit. 
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-1-12, 34A-1-21. 

74:36:05:14. Permit application-- 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. Except for the permitting of 

affected sources under the Title IV acid rain program, final action on each permit application for an 

operating permit for a Part 70 source, including requests for permit modification or renewal, must 

be completed within 18 months after receipt of a complete application. 

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. 

74:36:05:16. 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 or regulatory provisions. The department shall provide this statement to 

EPA, the applicant, and, upon request, to the public and affected states with the draft permit. 

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. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:16.01. Operating permit requirements. Each permit issued for the operation of a 

Part 70 source must contain: 

(1) The name of the person, company, political subdivision, agency, or institution granted a 

permit; 

(2) The type of operation; 

(3) The facility and mailing address; 

( 4) The date the operating permit was granted and on which it will expire; 

(5) A number for administrative reference; 

(6) The name of a designated person or officer responsible for the source's operation; 

(7) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act; 
(8) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act and including the following: 

(a) The reference of authority for each term or condition; 

(b) The applicable requirements from the Clean Air Act and from Title IV requirements 

of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent and 

incorporating both into 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 

modification process has been demonstrated to be equivalent to the applicable emission limit in the 

state implementation plan and is quantifiable, accountable, enforceable, and based on replicable 

procedures; 

(9) Monitoring and related record keeping and reporting requirements, consisting of at 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) of the Clean Air Act; 

(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 of the source's compliance with the permit. Such monitoring 

requirements must assure use of terms, test methods, units, averaging periods, and other statistical 

conventions consistent with the applicable requirement; 

(c) As necessary, documentation of the use, maintenance, and if appropriate, installation 

of monitoring equipment or methods; 

(d) Documentation of the 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; 

The company or entity that performed the analyses; 

The analytical techniques or methods used; 

The results of such analyses; and 

The operating conditions as existing at the time of sampling or measurement; 

(e) Record keeping and reporting requirements that comply with the following: 

(i) Submission of reports 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 must be certified by 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 of monitoring records and all supporting documentation 

for at least five years from the date of the monitoring sample, measurement, report, or application; 

and 

(1 0) If applicable, a condition prohibiting em1sswns exceeding any allowances that the 

source lawfully holds, exceedances of applicable emission rates, and the use of any allowance prior 

to the year for which it was allocated under the Title IV program of the Clean Air Act; 

( 11) A severability clause asserting the continued validity of permit requirements if any 

portions of the permit are challenged; 

(12) Provisions stating the 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, permit revision, or denial of a permit renewal application; 

(b) A permittee in an enforcement action may not use the defense that it would have been 

necessary to cease or reduce the permitted activity in order to 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 of a notification of planned changes or anticipated noncompliance does not stay any 

permit condition; 

(d) The permit does not convey property rights of any sort or any exclusive privilege; 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, or terminating the permit or to 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 of the scenario under which it is operating and 

must ensure that the terms and conditions of each such alternative scenario meet all requirements 

of the Clean Air Act; 

(14) Compliance requirements that contain the 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 official 
consistent with subdivision 74:36:05: 12(17). The compliance certification must be submitted 

annually from the date of permit issuance to the department and EPA; 

(b) Inspection and entry requirements that require the permittee to allow the department 

or an authorized representative to perform the 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 of the 

permit; 

(2) Have access to and copy, at reasonable times, any records that must be kept under 

the conditions ofthe permit; 

(3) Inspect at reasonable times any facilities, equipment, practices, or operations 

regulated or required under the 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 of compliance. The report must 

state an explanation for not attaining dates of compliance and must be submitted to the department 

semiannually or more frequently as required by the department; and 

(d) A compliance certification in accordance with subdivision 74:36:05: 12(16); 

( 15) A condition requiring a Part 70 source to 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 of the Clean Air Act; 

(17) Any provisions the department uses to issue general permits that are in accordance with 

40 C.P.R. Part 70.6(d) (July 1, 2009); 

(18) Provisions for permit emission exceedances due to emergencies that are in accordance 

with the requirements in 40 C.P.R. Part 70.6(g) (July 1, 2009); and 

( 19) All applicable requirements of the Clean Air Act. 

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 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28,2010. 

General Authority: 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, including renewals, permit modifications, and reopenings, for a Part 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. The public notice must include the following: 

( 1) A brief statement describing the source, including the name and address of the permittee; 

(2) The activity or activities involved in the permit action; 

(3) The emissions change involved in any permit modification; 

(4) The department's recommendation and the reasons for it; 

(5) A statement that a person may submit comments or contest the draft permit within 30 

days after publication of the notice. The statement shall also describe the procedures a person must 

follow to contest the draft permit and request a hearing in accordance with article 74:09; and 

(6) A statement describing where copies of the 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 a draft 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. 

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

Law Implemented: 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 of this article or the requirements of the Clean Air Act. 

Source: 19 SDR 157, adopted April 22, 1993, effective November 15, 1994; 20 SDR 125, 

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 April 4, 1999; 36 SDR 207, 

effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:19. Transferred to§ 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 changed to 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 of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person or affected state 

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 of this section, the final permit decision 

means proposing a permit, denying a permit, or terminating a permit. 

The proposed Part 70 operating permit must be submitted to EPA within 30 days of notifying 

the applicant and each person or affected state that submitted written comments or requested 

notification of the final permit decision except under the following conditions: 

(1) A later effective date is specified in the final permit decision; 

(2) A contested case 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 and the proposed Part 70 operating permit is submitted to 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. 

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. 

74:36:05:20.02. 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 if the 

person has an interest affected by the department's draft permit. Such petitions must comply with 

the provisions of article 74:09 and be received by the department within 30 days after the notice 

required by§ 74:36:05:17. 

The applicant or an interested person or affected state 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 of article 74:09 and be received by the 

department within 30 days after the applicant, interested person, or affected state receives the 

department's final permit decision. 

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in 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 SDR 4, 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 April22, 1993; transferred 
from § 74:36:05:26, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 

1995; 25 SDR 123, effective April4, 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 of Part 70 operating permit. The department shall submit to 

EPA a copy of each permit application for a Part 70 operating permit, including any application for 

a permit modification at the time the application is received by the department, minutes of the 

proceedings of a contested case hearing, the draft permit, comments from the public or affected 

states on the draft permit and the department's response, the proposed Part 70 operating permit, and 

the final permit after EPA review. The department may, in agreement with EPA, submit a permit 

application summary form and any relevant portion of the permit application or compliance plan. 

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 SDR 207, effective June 28, 2010. 

General Authority: 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 a proposed Part 70 operating permit as a final permit for a Part 70 source if EPA objects to its 

issuance within 45 days after receipt of the proposed Part 70 operating permit pursuant to 

§ 74:36:05:20.03. If there is no EPA objection, the department shall issue the proposed Part 70 

operating permit 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 changed to March 15, 1995. 

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

Law Implemented: SDCL 34A-1-21. 

Cross-Reference: EPA objection procedure, 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 or justify its position on the proposed Part 70 operating permit to EPA. If the 

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, or permit modification, as applicable. 

If the 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. If the EPA does 

not concur, the EPA is responsible for issuing the 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, 20 I 0. 
General Authority: 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 or denying the final permit rests with 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 changed to March 15, 1995. 

General Authority: 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 

operating permit is issued as a final permit by the EPA or the department, a person may petition the 

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 permit that were 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 after the public comment period. If EPA objects to the issuance of the final permit as a result 

of a petition, the department shall respond to EPA's objection. Upon resolution of EPA's objection, 

the permit shall remain the same or may be modified, terminated, or revoked 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 changed to March 15, 1995. 

General Authority: 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 

submitted to the department. 

Source: 19 SDR 157, effective April22, 1993; 36 SDR 207, 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, effective January 2, 2005. 

General Authority: 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 if the change is not a modification under any provision of Title I of the Clean 

Air Act and the change does not exceed the emissions allowable under the permit. The source must 

provide the department written notification as required in this section at least seven days in 

advance of the proposed changes. The source and the department shall attach each such notice to 

its copy of the relevant permit. 

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 

condition that is no longer applicable as a result of the change 

If a 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 of increases 

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 comply with the terms and conditions of the permit. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 36 

SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-12, 34A-1-21. 
74:36:05:31. Permit amendment -- Application required. An amendment to a permit can 

be applied for at any time by the submittal of an 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 

administrative permit amendment, minor permit amendment, or permit modification. 

Source: 19 SDR 157, effective April22, 1993; 36 SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:32. Administrative permit amendment required. An administrative permit 

amendment may be issued for a revision to a permit meeting the requirements of§ 74:36:01:03. An 

application for an administrative permit amendment shall contain a description of the 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 SDR 207, effective June 28, 2010. 

General Authority: 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 subject to advance notice or the 

procedural requirements applicable to a permit modification. The department shall take no more 

than 60 days from receipt of an 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 if it 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 submitting the application. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: 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 Clean Air Act. 

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-1-12, 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 issued by the secretary if the proposed revision meets the following requirements: 
( 1) It does 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 of an emission limit or other 

standard, a source-specific determination for temporary sources of ambient 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 provision of Title I, and an alternative emissions limit approved pursuant to 

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

(5) It does not constitute a modification under Title I of the Clean Air Act. 

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 include the following: 

( 1) A description of the proposed change, the resulting change in emissions, and any new 

applicable requirements; 

(2) The source's suggested draft permit; 

(3) Certification by a responsible official that the proposed revision meets the applicable 

requirements of a minor permit amendment; and 

( 4) Completed forms for notifying EPA and any affected states. 

Source: 19 SDR 157, effective April 22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:37. 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. 

General Authority: 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 minor permit amendment within 90 

days after receipt of a complete application for a minor permit amendment or 15 days after the end 

of EPA's 45-day review period, whichever is later: 
(1) Issue the minor permit amendment as proposed; 

(2) Deny the minor permit 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 a minor permit amendment must be submitted to EPA for a 45-day review. 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 of the 

minor permit amendment. The source may implement a proposed revision that is considered a 

minor permit amendment seven days after submitting a complete application. 

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 

SDR 207, effective June 28, 2010. 

General Authority: 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 of the permittee. 

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. 

74:36:05:40. Reopening operating permit for cause. The department may reopen and 

revise an operating permit 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 of the 

permit. Such reopenings or revisions shall be made not more than 18 months after the 

promulgation of the relevant standard or regulations. Such reopenings or revisions are not required 

if the effective date of the requirement is later than the date on which the permit is due to expire; 

(2) Additional requirements become applicable to an affected source under Title IV of the 

Clean Air Act; 

(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 of the permit; or 

(4) The department or EPA determines that the permit must be revised or revoked to assure 

compliance with the applicable requirements of the Clean Air Act or this article. 
Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 31 

SDR 101, effective January 2, 2005. 

General Authority: 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 follow the procedural 

requirements to issue an initial permit and shall affect only those parts of the permit for which 

cause to reopen exists. The department shall follow the procedural requirements for initial permit 

issuance and shall notify the source at least 30 days before reopening a permit issued to the source. 

The department may provide a shorter notice in an emergency. 

Source: 19 SDR 157, effective April22, 1993; 36 SDR 207, effective June 28,2010. 

General Authority: 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, or revoke and reissue a permit, the 

department shall submit to EPA a proposed determination of termination, revision, or revocation 

and reissuance. 

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:43. EPA review of proposed determination. After EPA review of the 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-day period 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 after the permittee receives 30 days written notice from the EPA of the 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 SDR 207, effective June 28,2010. 

General Authority: 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 of the Clean 

Air Act or this article or for nonpayment of a fee. Invalidation of the acid rain portion of an 

operating permit does not affect the continuing validity ofthe rest of the operating permit, nor does 

invalidation of any other portion of the operating permit affect the continuing validity of the acid 

rain portion of the permit. 

Source: 19 SDR 157, effective April22, 1993; 36 SDR 207, effective June 28,2010. 

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

Law Implemented: 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 of the 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 of the alleged violator, may settle an 

issue of noncompliance by specifying a compliance agreement, which may include a penalty under 

SDCL 34A-1-39 and the date for final compliance ofthe source. If a compliance agreement can not 

be negotiated, the department may petition the chairman of the board for a contested case hearing 

or may file a civil penalty or injunctive action in 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. 

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

Law Implemented: 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 of a device or a means which conceals or dilutes an emission of air 

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, or equivalent opening from which they were designed to be emitted. 

Source: 21 SDR 119, effective January 5, 1995. 

General Authority: 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, 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-47, 34A-1-49. 

74:36:05:49. Stack performance 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 of a 

Part 70 operating permit issued pursuant to this article, including any provisions 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:05:51. General permits. The secretary may issue a general permit to a category of air 

pollution sources that meets the following: 

(1) Involve the same or substantially similar types of operations; 

(2) Require the same or similar type of air emission limits; and 

(3) Require the same or similar record keeping and monitoring. 

If a general permit has been issued by the secretary, all sources covered by the general permit 

shall apply for permission to operate under the general permit. Such sources may not be 

constructed or operate until they are granted coverage under the general permit, or until they obtain 

an individual permit if required by the secretary. 

Source: 30 SDR 26, effective September 1, 2003; 36 SDR 207, 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 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 quality permit. Individual air quality permits may be required at the discretion of the 

secretary, including under the following circumstances; 
(1) The owner or operator is not in compliance with the conditions of its existing individual 

air permit prior to applying for the general permit; or 

(2) The owner or operator is not in compliance with the conditions of the general permit. 

Source: 30 SDR 26, 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 

CHAPTER 74:36:06 

REGULATED AIR POLLUTANT EMISSIONS 

Applicability. 

Allowable emissions for fuel-burning units. 

Allowable emissions for process industry units. 

Particulate emission restrictions for incinerators and waste wood burners. 

Most stringent interpretation applicable. 

Stack performance test. 

Open burning practices prohibited. 

74:36:06:01. Applicability. Any unit required to be permitted under this article must 

comply with the standards and requirements in this chapter except as otherwise specified in chapter 

74:36:07,74:36:08, 74:36:09, 74:36:10, or 74:36:16. 

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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:06:02. Allowable emissions for fuel-burning units. An owner or operator of a fuelburning unit may not cause or permit emissions of the following regulated air pollutants from the 

combustion of solid, gaseous, or liquid fuels that exceed the following allowable emissions limits 

that apply to the fuel-burning unit: 

(1) Particulate matter: 

(a) A fuel-burning unit with heat input values less than 10 million Btus per hour may not 

exceed .6 pounds of particulate matter per million Btus of heat input; and 

(b) A fuel-burning unit with a heat input equal to or greater than 10 million Btus per hour 

may not exceed the particulate emissions rate determined by the following equation: 
E = 0.811K0

·

131 , where 

E = the allowable particulate emissions rate in pounds per million Btus of heat input 

and 

H = heat input in millions of Btus per hour; 

(2) Sulfur dioxide: A fuel-burning unit may not emit sulfur dioxide emissions to the ambient 

air in an amount greater than three pounds of sulfur dioxide per million Btus of heat input to the 

unit based on a three-hour rolling average, which is the arithmetic average of three contiguous onehour periods. 

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 of the following regulated air 

pollutants from any unit in excess of the 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 

weight rates up to 60,000 pounds per hour shall be determined by use of the 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 of the following 

equation: 

E = [55.0 x P0

"

11

] - 40, where 

E = the rate of emission in pounds per hour and 

P = process weight rate in tons per hour; 

(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 of sulfur dioxide per million 

Btus of heat input to the unit based on a three-hour rolling average, which is the arithmetic average 

of three contiguous one-hour periods. 
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, effective April4, 1999. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:06:04. Particulate emission restrictions for incinerators and waste wood 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 

emission limits apply to these sources except those in chapters 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, effective November 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. 

General Authority: 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 of the limits of this chapter, the 

interpretation that results in the 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, effective April22, 1993. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 

under the following conditions: 

(1) A new unit or modification of an existing source with the potential to emit any of the 

regulated pollutants greater than 100 tons per year shall conduct a stack performance test to 

determine compliance with the applicable standard; 

(2) A unit that emits any regulated pollutants may be required to conduct a stack 

performance test to determine compliance with all applicable emission standards upon renewal of a 

permit to operate or at the discretion of the 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. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: 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 of this subdivision, waste oil means any oil that has been refined 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 if a person submits the information 

requested in§ 74:10:05:11.04 and the secretary approves the alternative remediation process; 

(2) A municipality or county governmental agency may not bum municipal solid waste 

unless exempted by the small town 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, effective December 29, 1996; 25 SDR 123, effective April4, 1999. 

General Authority: 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; Open burning restrictions,§ 74:27:13:11. 

Section 

74:36:07:01 

74:36:07:02 

74:36:07:03 

CHAPTER 74:36:07 

NEWSOURCEPERFORMANCESTANDARDS 

New source performance standards. 

Standards of performance for fossil fuel-fired steam generators. 

Standards of performance 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 of performance for small industrial, commercial, and institutional steam 

generating units. 

Standards of performance for incinerators. 

Standards of performance for hospital/medical/infectious waste incinerators 

constructed on or before June 20, 1996. 

Standards of performance for hospital/medical/infectious waste incinerators for 

which construction is commenced after June 20, 1996. 

Standards of performance for municipal waste combustors. 

Standards of performance for municipal combustors constructed after September 

20, 1994. 

Ash disposal requirements. 

Standards of performance for portland cement plants. 

Standards of performance for asphalt concrete plants. 

Repealed. 

Standards of performance for storage vessels of petroleum liquids constructed 

after June 11, 1973, and before May 19, 1978. 

Standards of performance for storage vessels of petroleum liquids constructed 

after May 18, 1978, and before July 24, 1984. 

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. 

Standards of performance for sewage treatment plants. 

Standards of performance for coal preparation plants. 

Standards of performance for grain elevators. 

Standards of performance for stationary gas turbines. 

Standards of performance for lime manufacturing plants. 

Standards of performance for metallic mineral processing plants. 

Standards of performance for pressure-sensitive tape and label surface coating 

operations. 

Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry. 

Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006. 

Standards of performance for bulk gasoline terminals. 

Standards of performance for new residential wood heaters. 

Standards of performance for petroleum dry cleaners. 

Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations. 

Standards of performance for nonmetallic mineral processing plants. 

Standards of performance for magnetic tape coating facilities. 

Operating requirements for wire reclamation furnaces. 

Monitoring requirements for wire reclamation furnaces. 

Standards of performance for graphic arts industry -- Publication rotogravure 

printing. 
74:36:07:32 

74:36:07:33 

74:36:07:34 

74:36:07:35 

74:36:07:36 

74:36:07:37 

74:36:07:38 

74:36:07:39 

74:36:07:40 

74:36:07:41 

74:36:07:42 

74:36:07:42.01 

74:36:07:43 

74:36:07:44 

74:36:07:45 

74:36:07:46 

74:36:07:46.01 

74:36:07:47 

74:36:07:48 

74:36:07:49 

74:36:07:50 

74:36:07:51 

74:36:07:52 

74:36:07:53 

74:36:07:54 

74:36:07:55 

74:36:07:56 

74:36:07:57 

74:36:07:58 

74:36:07:59 

74:36:07:60 

74:36:07:61 

74:36:07:62 

74:36:07:63 

74:36:07:64 

74:36:07:65 

74:36:07:66 

74:36:07:67 

74:36:07:68 

74:36:07:69 

Standards of performance for volatile organic compound emissions from synthetic 

organic chemical manufacturing industry (SOCMI) reactor processes. 

Standards of performance for calciners and dryers in mineral industries. 

Existing municipal solid waste landfill. 

Plan submittal by existing municipal solid waste landfills. 

Collection system. 

Control system. 

Compliance schedule for existing municipal solid waste landfills. 

Existing municipal solid waste landfill operational standards for collection and 

control systems. 

Existing municipal solid waste landfill compliance provisions. 

Existing municipal solid waste landfill monitoring provisions. 

Existing municipal solid waste landfill reporting and recordkeeping. 

Additional reporting for existing municipal solid waste landfills. 

Standards of performance for new municipal solid waste landfills. 

Standards of performance for nitric acid plants. 

Standards of performance for sulfuric acid plants. 

Standards of performance for petroleum refineries. 

Standards of performance for petroleum refineries for which construction, 

reconstruction, or modification commenced after May 14, 2007. 

Standards of performance for secondary lead smelters. 

Standards of performance for secondary brass and bronze production plants. 

Standards of performance for primary emissions from basic oxygen process 

furnaces for which construction commenced after June 11, 1973. 

Standards of performance for secondary emissions from basic oxygen process 

steelmaking facilities for which construction commenced after January 20, 

1983. 

Standards of performance for primary copper smelter. 

Standards of performance for primary zinc smelter. 

Standards of performance for primary lead smelter. 

Standards of performance for primary aluminum reduction plant. 

Standards of performance for wet-process phosphoric acid plant. 

Standards of performance for superphosphoric acid plant. 

Standards of performance for diammonium phosphate plant. 

Standards of performance for triple superphosphate plant. 

Standards of performance for granular triple superphosphate storage facility. 

Standards of performance for ferroalloy production plant. 

Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. 

Standards of performance for kraft pulp mills. 

Standards of performance for glass manufacturing plant. 

Standards of performance for surface coating of metal furniture. 

Standards of performance for lead-acid battery manufacturing plant. 

Standards of performance for automobile and light duty truck surface coating 

operations. 

Standards of performance for phosphate rock plants. 

Standards of performance for ammonium sulfate manufacture. 

Standards of performance for industrial surface coating -- Large appliances. 
74:36:07:70 

74:36:07:71 

74:36:07:72 

74:36:07:73 

74:36:07:74 

74:36:07:75 

74:36:07:76 

74:36:07:76.01 

74:36:07:77 

74:36:07:78 

74:36:07:79 

74:36:07:80 

74:36:07:81 

74:36:07:82 

74:36:07:83 

74:36:07:84 

74:36:07:85 

74:36:07:86 

74:36:07:87 

74:36:07:88 

74:36:07:89 

74:36:07:90 

Standards of performance for metal coil surface coating. 

Standards of performance for asphalt processing and asphalt roofing manufacture. 

Standards of performance for beverage can surface coating industry. 

Standards of performance for rubber tire manufacturing industry. 

Standards of performance for volatile organic compound emissions from polymer 

manufacturing industry. 

Standards of performance for flexible vinyl and urethane coating and printing. 

Standards of performance for equipment leaks ofVOC in petroleum refineries. 

Standards of performance for equipment leaks ofVOC in petroleum refineries. 

Standards of performance for synthetic fiber production facility. 

Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry air oxidation unit process. 

Standards of performance for equipment leaks of VOC from onshore natural gas 

processing plant. 

Standards of performance for onshore natural gas processing. 

Standards of performance for wool fiberglass insulation manufacturing plant. 

Standards of performance for VOC emissions from petroleum refinery wastewater 

system. 

Standards of performance for industrial surface coating -- Surface coating of 

plastic parts for business machines. 

Standards of performance for polymeric coating of supporting substrates facility. 

Standards of performance for small municipal waste combustion units for which 

construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001. 

Standards of performance for commercial and industrial solid waste incineration 

units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001. 

Standards of performance for other solid waste incineration units for which 

construction commenced after December 9, 2004, or modification or 

reconstruction commenced on or after June 16, 2006. 

Standards of performance for stationary compression ignition internal combustion 

engmes. 

Standards of performance for stationary combustion turbines. 

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 of the 

Environmental Protection Agency 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 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. 

74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The 

standards of performance 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 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. 

74:36:07:03. Standards of performance for electric utility steam generators. The 

standards of performance for electric utility steam generators are those in 40 C.P.R. §§ 60.40Da to 

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 of performance 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. 

General Authority: 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, if the 

source burns solely natural gas or propane and is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to 40 C.F.R. §§ 60.40c 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 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. 

74:36:07:06. Standards of performance for incinerators. The standards of performance 

for incinerators are those in 40 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 SDR 207, 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 notify the department within six months 

of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. The written 

notification shall inform the department of when the unit will be shutdown. The shutdown date 

may not exceed one year after EPA's approval of the state plan for hospital/medical/infectious 

waste incinerators. 

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to comply with the requirements of this section shall submit a 

compliance plan within six months of state plan approval that meets the following deadlines: 

(1) Submit a Part 70 operating permit application and design drawings of the air pollution 

control device to the department within one year of state plan approval; 

(2) Submit a copy of the purchase order or other documentation indicating an order has been 

placed for the major components of the air pollution control device within 15 months of state plan 

approval; 
(3) Begin initiation of site preparation for installation of the air pollution control device 

within 2 years after state plan approval; 

( 4) Complete installation of the air pollution control device within 30 months after state plan 

approval; and 

(5) Conduct a performance test within 33 months after state plan 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, 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. 

74:36:07:06.02. 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 after June 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 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. 

74:36:07:07. Standards of performance 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 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:07.01. Standards of performance for municipal combustors constructed after 

September 20, 1994. The standards of performance 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 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. 

74:36:07:08. Ash disposal requirements. All ash generated at a municipal waste 

combustor must be disposed of in 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:09. Standards of performance for portland cement plants. The standards of 

performance for portland cement plants are those in 40 C.F.R. §§ 60.60 to 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. 

General Authority: 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 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:11. Additional permit requirements for asphalt plants. 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 of performance for 
storage vessels of petroleum 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 obligation to 

obtain a Part 70 operating permit if the unit is not required to install controls and 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. §§ 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 I 06, 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 SDR 207, 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 of performance for 

storage vessels of petroleum 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.II0a to 60.115a, inclusive, (July 1, 2009) is exempt from the obligation 

to obtain a Part 70 operating permit if the unit is not required to install controls and 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. §§ 60.1IOa to 60.II5a, inclusive, (July I, 2009). Exempted sources must still meet the 

applicable requirements in 40 C.F.R. §§ 60.11 Oa to 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 SDR 2I7, effective June I3, 2007; 36 SDR 207, 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 of performance 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. § § 60.1I Ob 

to 60.II7b, inclusive, (July I, 2009) is exempt from the obligation to obtain a Part 70 operating 

permit if the unit is not required to install controls and 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. §§ 60.II Ob to 

60.II7b, inclusive, (July I, 2009). Exempted sources must still meet the applicable requirements 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. 

General Authority: 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 SDR 207, effective June 28,2010. 

General Authority: 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 preparation plants are those in 40 C.F.R. §§ 60.250 to 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 SDR 207, 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 subject to 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 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. §§ 60.300 to 60.304, 

inclusive, (July 1, 2009). Exempted sources must still meet the applicable requirements in 40 

C.F.R. § 60.300 to 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 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. 

74:36:07:18. Standards of performance for stationary gas turbines. The standards of 

performance for stationary gas turbines are those in 40 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 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:19. Standards of performance for lime manufacturing plants. 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 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:20. Standards of performance for metallic mineral processing plants. The 

standards of performance 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, 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:21. Standards of performance for pressure-sensitive tape and label surface 

coating operations. The standards of performance for pressure-sensitive tape and label surface 

coating operations are those in 40 C.P.R. § § 60.440 to 60.44 7, 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, effective June 28, 2010. 
General Authority: 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 of performance 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 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. 

74:36:07:22.01. Standards of performance for equipment leaks of VOC in the synthetic 

organic chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006. The standards of performance for equipment 

leaks of VOC 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, 

Subpart VVa (July 1, 2009). 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: 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 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. 

74:36:07:24. Standards of performance for 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 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. 
74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of 

performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 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 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. §§ 60.620 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, effective June 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 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. 

74:36:07:27. Standards of performance 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 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. 

74:36:07:28. Standards of performance for magnetic tape coating facilities. The 

standards of performance 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 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 
General Authority: SDCL 34A-l-6. 

Law Implemented: 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 turbulent mixing and a two-second residence time at 2200 degrees Fahrenheit or greater. 

New wire reclamation furnaces shall meet applicable emission standards during all phases of 

operation, and the secondary combustion chamber or combustion zone temperature shall be 

maintained at required levels until waste is completely combusted. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:30. Monitoring requirements for wire reclamation furnaces. An owner or 

operator of a new regulated wire reclamation furnace shall install, calibrate, operate, and maintain 

devices which continuously monitor and record the temperature of gases leaving the secondary or 

final combustion chamber. Such devices must have an accuracy of plus or minus 25 degrees 

Fahrenheit. Flames from the burners may not impact the temperature sensors. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-ll. 

74:36:07:31. Standards of performance for graphic arts industry -- Publication 

rotogravure printing. The standards of performance 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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:32. Standards of performance 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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 
74:36:07:33. Standards of performance for calciners and dryers in mineral industries. 

The standards of performance 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, 

effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an 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 greater than or equal to 2.5 million megagrams and 2.5 

million cubic meters. The landfill may calculate design capacity either in megagrams or cubic 

meters. Density conversions must be documented and submitted with the report; and 

(3) The landfill has a nonmethane organic compound emission rate of 50 megagrams a year 

or more. The calculation of the 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 emission rate. 

Source: 23 SDR 106, effective December 29, 1996; 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 SDR 217, effective June 13, 2007; 36 

SDR 209, 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 of an existing municipal solid waste landfill that meets the requirements of§ 74:36:07:34 

shall submit a plan within one year of the 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 December 29, 1996; 25 SDR 123, effective April4, 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 if it is equivalent to or meets the conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) 

(July 1, 2009), and the control requirements in§ 74:36:07:37. 

Source: 23 SDR 106, effective December 29, 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:37. Control system. The department shall approve the control system if it is 

equivalent to or meets one of the following requirements: 

(1) An open flare designed and operated in accordance with the parameters established in 40 

C.F.R. § 60.18 (July 1, 2009); 

(2) A control system designed and operated to reduce nonmethane organic compounds by 98 

percent by weight; 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 parts per million as hexane by volume, dry basis at three percent oxygen, or less. 

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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 meet the following compliance dates: 

( 1) Award contracts within 15 months of the first annual report showing the nonmethane 

organic compound emissions equal or exceed 50 megagrams a year; 

(2) Begin construction within 18 months of the first annual report showing the nonmethane 

organic compound emissions equal or exceed 50 megagrams a year; 

(3) Complete construction within 30 months of the first annual report showing the 

nonmethane organic compound emissions equal or exceed 50 megagrams a year; and 

( 4) Demonstrate compliance with all applicable requirements within 180 days of completing 

construction. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999. 
General Authority: SDCL 34A-I-6. 

Law Implemented: 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 December 29, I996; 25 SDR I23, effective April4, I999; 26 

SDR I68, effective June 27, 2000; 30 SDR 26, 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. 

General Authority: SDCL 34A-I-6. 

Law Implemented: 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 meet the compliance provisions in 40 C.P.R. § 60.755 (July I, 2009). 

Source: 23 SDR I 06, effective December 29, I996; 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 I3, 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. 

74:36:07:41. 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 meet the monitoring provisions in 40 C.P.R. § 60.756 (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 SDR 26, 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 December 29, 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. 

General Authority: 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 of the effective date of EPA's approval of the state's § 111 (d) 

plan required in the Clean Air Act and annually or every five years thereafter in accordance with 40 

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 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 

74:36:07:43. 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 existing municipal 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 

considered construction, reconstruction, or modification for purposes of this section. 

Source: 23 SDR 106, effective December 29, 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. 

General Authority: 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 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. 

74:36:07:45. 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 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. 

74:36:07:46. Standards of performance for petroleum refineries. The standards of 

performance for petroleum refineries are those in 40 C.P.R.§§ 60.100 to 60.108, inclusive, (July 1, 

2009). 
Source: 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. 

74:36:07:46.01. Standards of performance for petroleum refineries for which 

construction, reconstruction, or modification commenced after May 14, 2007. The standards 

of performance for petroleum refineries for which construction, reconstruction, or modification 

commenced after May 14,2007, are those in 40 C.F.R. § 60, Subpart Ja, (July 1, 2009). 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 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. 

74:36:07:48. Standards of performance for secondary brass and bronze production 

plants. The standards of performance for secondary brass and bronze production plants are those 

in 40 C.F.R. §§ 60.130 to 60.133, inclusive, (July 1, 2009). 

Source: 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. 

74:36:07:49. 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 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:50. Standards of performance for secondary emissions from basic oxygen 

process steelmaking facilities for which construction commenced after January 20, 1983. The 

standards of performance for basic oxygen process steelmaking facilities are those in 40 C.F .R. 

§ § 60.140a to 60.145a, inclusive, (July I, 2009). 

Source: 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. 
74:36:07:51. 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 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. 

74:36:07:52. 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 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. 

74:36:07:53. Standards of performance for primary lead smelter. The standards of 

performance for primary lead smelters are those in 40 C.F.R. §§ 60.180 to 60.186, inclusive, (July 

1, 2009). 

Source: 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. 

74:36:07:54. Standards of performance for primary aluminum reduction plant. The 

standards of performance for primary aluminum reduction plants are those in 40 C.F.R. §§ 60.190 

to 60.195, inclusive, (July 1, 2009). 

Source: 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. 

74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The 

standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. §§ 60.200 

to 60.204, inclusive, (July 1, 2009). 

Source: 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. 

74:36:07:56. 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 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. 
74:36:07:57. Standards of performance for diammonium phosphate plant. The 

standards of performance for diammonium phosphate plants are those in 40 C.P.R. §§ 60.220 to 

60.224, inclusive, (July 1, 2009). 

Source: 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. 

74:36:07:58. Standards of performance 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, effective June 13, 2007; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:59. Standards of performance for granular triple superphosphate storage 

facility. The standards of performance for granular triple superphosphate storage facilities are 

those in 40 C.P.R. §§ 60.240 to 60.244, inclusive, (July 1, 2009). 

Source: 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. 

74:36:07:60. Standards of performance 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, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. The standards of performance for 

electric arc furnaces and argon-oxygen decarburization vessels are those in 40 C.P.R. §§ 60.270a to 

60.276a, inclusive, (July 1, 2009). 

Source: 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. 

74:36:07:62. 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, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 
74:36:07:63. Standards of performance 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 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. 

74:36:07:64. Standards of performance for surface coating of metal furniture. The 

standards of performance for surface coating of metal furniture are those in 40 C.F.R. §§ 60.310 to 

60.316, inclusive, (July 1, 2009). 

Source: 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. 

74:36:07:65. Standards of performance for lead-acid battery manufacturing plant. The 

standards of performance for lead-acid battery manufacturing plants are those in 40 C.F.R. 

§§ 60.370 to 60.374, inclusive, (July 1, 2009). 

Source: 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. 

74:36:07:66. Standards of performance for automobile and light duty truck surface 

coating operations. The standards of performance for automobile and light duty truck surface 

coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 208, effective June 28,2010. 

General Authority: 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 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. 

74:36:07:68. Standards of performance for ammonium sulfate manufacture. The 

standards of performance for ammonium sulfate manufacture are those in 40 C.F.R. §§ 60.420 to 

60.424, inclusive, (July 1, 2009). 

Source: 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. 
74:36:07:69. Standards of performance for industrial surface coating -- Large 

appliances. The standards of performance for industrial surface coating of large appliances are 

those in 40 C.P.R. §§ 60.450 to 60.456, inclusive, (July 1, 2009). 

Source: 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. 

74:36:07:70. Standards of performance 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 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. 

74:36:07:71. 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 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. 

74:36:07:72. Standards of performance for beverage can surface coating industry. 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 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The 

standards of performance for rubber tire manufacturing industry are those in 40 C.P.R. §§ 60.540 

to 60.548, inclusive, (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 1010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:74. Standards of performance 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 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 
74:36:07:75. Standards of performance for flexible vinyl and urethane coating and 

printing. The standards of performance for flexible vinyl and urethane coating and printing are 

those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, (July 1, 2009). 

Source: 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. 

74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries are those in 

40 C.F.R. §§ 60.590 to 60.593, inclusive, (July 1, 2009). 

Source: 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. 

74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance 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 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:77. Standards of performance for synthetic fiber production facility. The 

standards of performance for synthetic fiber production facilities are those in 40 C.F.R. §§ 60.600 

to 60.604, inclusive, (July 1, 2009). 

Source: 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. 

74:36:07:78. Standards of performance for VOC emtsstons from synthetic organic 

chemical manufacturing industry air oxidation unit process. The standards of performance 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 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. 

74:36:07:79. Standards of performance for equipment leaks of VOC from onshore 

natural gas processing plant. The standards of performance for equipment leaks from onshore 

natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.