LawImplemented: SDCL 34A-1-18. 74:36:08:102. National emission standards for primary nonferrous metals area sources -- Zinc, cadmium, and beryllium. The national emission standards for primary nonferrous metals area sources are those in40 C.F.R. § 63, Subpart GGGGGG 

### (Jl:lly 1, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The national emission standards for hospital ethylene oxide sterilizers are those in 40 C.F.R. § 63, Subpart WWWWW (July 1, 2009). A source that operates a unit subject to Subpart WWWWW is exempt from the obligation to obtain a Part 70 operatingpermit ifthe source is notrequired to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart WWWWW. Exempted sources must still meet the applicable requirements in Subpart 

## wwwww. Source: General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

182 

# •
•
•

# • 74:36:08:104. National emission standards for electric arc furnace steelmaking facility area sources. The national emission standards for area sources - electric arc furnace steelmaking facilities are those in40 C.F.R. § 63, SubpartYYYYY (July 1, 2009). 

### Source: General Authority: SDCL 34A-l-6. 

### Law Implemented: SDCL 34A-l-18. 

### 74:36:08:105. National emission standards for iron and steel foundry area sources. The national emission standards for iron and steel foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZ (July 1, 2009). A source that operates a unit subject to Subpart ZZZZZ 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 otherthan the source is subject to Subpart ZZZZZ. Exempted sources must still meetthe applicable requirements in SubpartZZZZZ. 

### Source: General Authority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-1-18. 

### 74:36:08:106. National emission standards for gasoline distribution bulk terminals, bulk plants, and pipeline facilities. The national emission standards for gasoline distribution bulk terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB 

# • (July 1, 2009). A source that operates a unit subject to Subpart BBBBBB is exempt from the 183obligation 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 Subpart BBBBBB. Exempted sources must still meetthe applicablerequirements in SubpartBBBBBB. 

### Source: General Authority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-1-18. 

### 74:36:08:107. National emission standards for gasoline dispensing facilities. The national emission standards for gasoline dispensing facilities are those in40 C.F.R. § 63, Subpart CCCCCC (July 1, 2009). A source that operates a unit subject to Subpart CCCCCC 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 Subpart CCCCCC. Exempted sources must still meetthe applicablerequirements in Subpart CCCCCC. 

### Source: General Authority: SDCL 34A-l-6. 

### Law Implemented: SDCL 34A-l-18. 

### 74:36:08:108. National emission standards for paint stripping and miscellaneous surface coating area sources. The national emission standards for paint stripping and miscellaneous coating area sources are those in 40 C.F.R. § 63, Subpart HHHHHH (July 1, 2009). A source that operates a unit subject to Subpart HHHHHH is exempt from the obligation 184 

# •
•

# • 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 Subpart HHHHHH. Exempted sources must still meetthe applicable requirements in Subpart HHHHHH. Source: General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:109. National emission standards for acrylic and modacrylic fiber production area sources. The national emission standards for acrylic and modacrylic fiber production area sources are those in 40 C.F.R. § 

### 63, Subpart LLLLLL (July 1, 

### 2009). A source • that operates a unit subject to Subpart LLLLLL 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 Subpart LLLLLL. Exempted sources must still meet the applicable requirements in Subpart LLLLLL. Source: General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:110. National emission standards for carbon black production area sources. The national emission standards for carbonblack production area sources are thosein 40 C.P.R. • § 

### 63, Subpart MMMMMM (July 1, 2009). 185Source: General Authority: 

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

### SDCL 34A-1-18. 74:36:08:111. National emission standardsfor chemical manufacturing area sources

- chromium compounds. 

### The national emission standards for chemical manufacturing area sources- chromium compounds are those in 40 C.P.R. § 

### 63, Subpart NNNNNN (July 1, 

### 2009). A source that operates a unit subject to Subpart NNNNNN is exempt from the obligation to obtain a Part 70 operating permitifthe source is not required to obtain a Part 70 operatingpermit for a reason other than the source is subject to Subpart NNNNNN. Exempted sources must still meet the applicable requirements in Subpart NNNNNN. Source: General Authority: 

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

### SDCL 34A-1-18. 74:36:08:112. National emission standards for flexible polyurethane foam production and fabrication area sources. 

### The national emission standards for flexible polyurethane foam production and fabrication area sources are those in 40 C.P.R. § 

### 63, Subpart 000000 (July 1, 

### 2009). A source that operates a unit subject to Subpart 000000is exempt from the obligation to obtain a Part 70 operating permit ifthe source is not required to obtain a Part 70 operating

186 

# •
•
•• permit for a reason other than the source is subject to Subpart 000000. Exempted sources must still meetthe applicablerequirements in Subpart 000000. Source: General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-18. 74:36:08:113. National emission standards for lead acid battery manufacturing area sources. The national emission standards for lead acid battery manufacturing area sources are those in40 C.F.R. § 63, Subpart PPPPPP (July 

### 1. 2009). A source that operates a unit subject to Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operatingpermit ifthe source • is notrequired to obtain a Part 70 operatingpermit for a reason other than the source is subjectto Subpart PPPPPP. Exempted sources must still meet the applicable requirements in Subpart PPPPPP. Source: General Authority: SDCL34A-l-6. Law Implemented: SDCL 34A-I-18. 74:36:08:114. National emission standards for wood preserving area sources. The national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, Subpart 000000 (July I, 2009). A source that operates a unit subject to Subpart 000000 is 

# • exempt from the obligation to obtain a Part 70 operating permit ifthe source is not required to 187obtain a Part 70 operating permit for a reason other than the source is subject to Subpart • 000000. Exempted sources must still meet the applicable requirements m Subpart 

### OOOOQQ. Source: General Authority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-1-18. 

### 74:36:08:115. National emission standards for clay ceramic manufacturing area sources. The national emission standards for clay ceramic manufacturing area sources are those in 40 C.F.R. § 63, Subpart RRRRRR (July 1, 2009). A source that operates a unit subject to Subpart RRRRRR 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 Subpart RRRRRR. Exempted sources must still meet the applicable requirements in Subpart RRRRRR. 

### Source: General Authority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-1-18. 

### 74:36:08:116. National emission standards for glass manufacturing area sources. The national emission standards for glass manufacturing area sources are those in 40 C.F.R. § 63, Subpart SSSSSS (July 1, 2009). 

# •

188

# • Source: GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-18. 74:36:08:117. National emission standards for secondary nonferrous metal processing area sources. The national emission standards for secondary nonferrous metal processing area sources are those in 40 C.F.R. § 63, Subpart TTTTTT (July 1, 2009). A source that operates a unit subject to Subpart TTTTTT 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 Subpart TTTTTT. Exempted sources must still meet the • applicable requirements in SubpartTTTTTT.


# • Source: General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-18. 74:36:08:118. National emission standards for plating and polishing area sources. The national emission standards for plating and polishing area sources are those in 40 C.F.R. 

### § 63, Subpart WWWWWW (July 1, 2009). A source that operates a unit subject to Subpart WWWWWW 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

189Subpart WWWWWW. Exempted sources must still meet the applicablerequirements in Subpart • 

## wwwwww. Source: GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:119. National emission standards for nine metal fabrication and finishing area sources. The national emission standards for nine fabrication and finishing area sources are those in 40 C.F.R. § 63, Subpart XXXXXX (July 1, 2009). A source that operates a unit subject to Subpart XXXXXX 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 Subpart XXXXXX. Exempted sources must still meet the applicable requirements in SubpartXXXXXX. Source: GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:120. National emission standards for ferroalloys production area sources. The national emission standards for ferroalloys production area sources are those in 40 C.F.R. § 63, Subpart YYYYYY (July 1, 2009). A source that operates a unit subject to Subpart YYYYYY is exempt from the obligation to obtain a Part 70 operating permit ifthe source is not 190 

# •
•• required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart YYYYYY. Exempted sources must still meet the applicable requirements in Subpart YYYYYY. 

### Source: General Authority: SDCL 34A-l-6. 

### Law Implemented: SDCL 34A-l-18. 

### 74:36:08:121. National emission standards for aluminum, copper, and other nonferrous foundry area sources. The national emission standards for aluminum, copper, and other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZZ (July I, • 2009). A source that operates a unit subject to Subpart ZZZZZZ is exempt from the obligation to obtain a Part 70 operatingpermit ifthe source is notrequired to obtain a Part 70 operatingpermit for a reason other than the source is subject to Subpart ZZZZZZ. Exempted sources must still meetthe applicablerequirements in SubpartZZZZZZ. 

### Source: General Authority: SDCL 34A-l-6. 

### Law Implemented: SDCL 34A-l-18.



### CHAPTER74:36:09 

# •
191PREVENTION OF SIGNIFICANT DETERIORATION

Section 74:36:09:01 Applicability. 74:36:09:01.01 Prevention ofsignificant deteriorationpermitrequired. 74:36:09:02 Prevention ofsignificantdeterioration. 74:36:09:03 Publicparticipation.



### 74:36:09:02. Prevention of significant deterioration. For the purposes ofthis chapter, the state's definitions and requirements for the prevention ofsignificant deterioration are thosein 40 C.F.R. § 52.21 (July 1, 2005 July 1, 2009), except for 40 C.F.R. § 52.21(a)(l), (a)(2)(iv)(e), (a)(2)(vi), (b)(2)(iii){h), (b){3)(iii)(b), (b)(3)(vi)(d), (b)(32), (b)( 42), (b)(55), (b)(56), (b)(57), (b)(58), (f), (q), (s), (t), (u), (x), {y), (z), and (cc) (July 1, 2005 July 1, 2009) with the following differences: (1) For the purposes ofthis section, all terms defined in this section have the meaning defined in40 C.F.R. § 52.21, except for the term "administrator" whichmeans the secretarywith the following exceptions: (a) In 40 C.F.R. §§ 52.21{b)(3)(iii) and 52.21{b)(37)(iii), the term "administrator" means eitherthe secretaryorthe administrator ofEPA, as applicable; 192 

# •
•
•

# • (b) In 40 C.F.R. §§ 52.2l(w)(2) to 52.2l(w)(4), inclusive, the term "administrator" means eitherthe secretary orthe administrator ofEPA, as applicable; (c) In 40 C.F.R. §§ 52.2l(b)(17); 52.2l(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 52.21(b)(50)(i); 52.2l(g)(l) to 52.2l(g)(6), inclusive; 52.21(1)(2); and 52.2l(p)(2) the term "administrator" meansthe administrator ofEPA; (2) Forthepurposes ofthis section, theterm "Act" means the CleanAirAct; (3) For the purposes of this section, in 40 C.F.R. § 52.2l(c), the Class I areas in South • Dakota areWind CaveNational Park and the BadlandsNational Park;


# • (4) For the purposes of this section, 40 C.F.R § 52.21(a)(2)(iv)(f) is incorporated by reference excluding the last sentence which states, "For example, ifa project involves both an existing emissions unit and a Clean Unit, the projected increase is determined by summing the values determined using the method specified in paragraph (a)(2)(iv)(c) ofthis section for the existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the CleanUnit"; (5) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by reference excluding the second sentence which states, "Routine maintenance, repair and

193

### replacement shall include, butnotbelimited to, any activity(s) thatmeets the requirements ofthe • equipmentreplacementprovisions containedinparagraph (cc) ofthis section"; (6) For the purposes ofthis section, 40 C.P.R. § 52.21(r)(6) is incorporated by reference excludingthephrase, "(otherthan projects at a Clean Unit orat a source with a PAL)"; (7) For the purposes ofthis section, 40 C.P.R.§ 52.21(v)(1) is incorporated by reference excluding thephrase, "under40 CFR 124.10"; and (8) For the purposes ofthis section, 40 C.P.R. § 52.21(w)(1) is incorporated byreference excludingthe phrase, "expiresunderparagraph (s) ofthis section or". The secretary shall transmit to the administrator of the EPA a copy of each permit application subject to this section and shall notify the administrator of the EPA of each significant action the secretarytakes on the application. Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, effective September 18, 2006; 33 SDR 217, effectiveJune 13,2007. GeneralAuthority: 

### SDCL 34A-l-6, 34A-1-18. Law Implemented: 

### SDCL 34A-1-18.

194 

# •
•

### • 74:36:09:03. Public participation. For the purposes of this chapter, the state's public participationprocedures are those in40 C.P.R. § 51.166(q) (July 

### 1, 2005 July 1, 2009), excluding thephrase "The plan shall provide that..." with the following differences: (1) For the purposes of this section, in 40 C.P.R. § 52.166(q) the phrase "reviewing authority" means the secretary; (2) For the purposes ofthis section, in40 C.P.R. § 51.166(q)(1) the phrase "specifiedtime period" means 60 days; (3) For the purposes of this section, in 40 C.P.R. § 51.166(q)(2)(iv), the term • "administrator" means the administrator ofEPA; (4) Forthe purposes ofthis section, in 40 C.P.R.§ 51.166(q)(2)(iii), the phrase "Notifythe public" shall consist of a public notice once in a legal newspaper in the county where the proposed source would be constructed. The public notice shall include a statement that a person may submit comments or contest the draft permit within 30 days after the publication of the notice. The statement shall also describe the procedures a person must follow to contestthe draft permit and request ahearing in accordance with article 74:09; (5) For the purposes ofthis section, in 40 C.P.R. § 

### 51.166(q)(2)(v), a public hearing is required ifa person contests the draft permit or contests the secretary's final determination and 

# • requests ahearing in accordance with article 74:09; and 195

### (6) For the purposes ofthis section, in 40 C.P.R. § 51.166(q)(2)(viii), if a request for a contested case hearing is not submitted duringthepublicnotice period, the secretary shall make a final determination within 30 days ofthe end ofthe public comment period on the draft permit. The secretary shall notify, in writing, the applicant and each person that submitted written comments orrequested notice ofthe final determination. Thenotice shall includereference to the procedures for contesting the final determination and requesting a hearing in accordance with article 74:09 within 30 days of receiving the secretary's final determination. If no person comments on a draft permit, requests changes, or contests the draft permit during the public notice period, the draft permit automatically becomes the secretary's final determination and is issued at the end ofthe public noticeperiod. Source: 

### 33 SDR43, effective September 18, 2006. GeneralAuthority: 

### SDCL 34A-1-6, 34A-1-18. Law Implemented: 

### SDCL 34A-1-18. CHAPTER74:36:10 NEW SOURCE REVIEW



### Section 74:36:10:01 Applicability. 196 

# •
•
•

# •
•
• 74:36:10:02 74:36:10:03 Definitions. Repealed. 74:36:10:03.01 New sourcereviewpreconstructionpermitrequired. Repealed. New sourcereviewpreconstructionpermit. 74:36:10:04 74:36:10:05 74:36:10:06 standard. 74:36:10:07 74:36:10:08 74:36:10:09 74:36:10:10 Causing or contributing to a violation of any national ambient air quality Determining credit for emission offsets. Projected actual emissions. Cleanunittest for emissionunits subjectto lowest achievable emissionrate. Cleanunittest for emissionunits comparableto lowest achievable emissionrate.

74:36:10:02. Dermitions. For the purposes ofthis chapter, the definitions for new source review are thosein40 C.F.R. § 51.165(a)(1) (July 1, 2003 July 1, 2009). Forthepurposes ofthis chapter, theterm, Act, meansthe CleanAirAct. Forthe purposes ofthis section,theterm, reviewing authority, means the secretary. Source: 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary2, 2005. GeneralAuthority: SDCL 34A-1-6. 197

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

### 74:36:10:03.01. New source review preconstruction permit required. New major stationary sources ormajormodifications to existingmajor sources mustobtain a preconstruction permitbeforebeginning actual constructioniftheyare locatedinthe following areas: (1) An attainment or unclassified area if the source would cause or contribute to a violation ofanynational ambient air quality standard; or (2) An area designated nonattainment for any national ambient air quality standard ifthe sourceis major for thepollutantfor which the areais designated nonattainment. Except as provided by a plant-wide applicability limit and a pollution control project exclusion, a proposed project is considered a major modification to an existing major source if the proposed project meets the criteria in 40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (Jffiy 1, 2003 July l, 2009). 

### Source: 30 SDR26, effective September 

### 1, 2003; 31 SDR 101, effectiveJanuary2, 2005. 

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

### Law Implemented: SDCL 34A-1-6, 34A-l-21. 

### Note: The procedural requirements for obtaining a preconstruction permit under the new source review program are similar to the procedural requirements for a Part 70 source, such as a 198 

# •
•
•

### • timely and complete application, completeness review, statement ofbasis, public participation, and departmental recommendation, as outlined in§§ 74:36:05:08 to 74:36:05:20.01, inclusive. 

### 74:36:10:05. New source review preconstruction permit. A new source review preconstructionpermitmust satisfythe following criteriabeforebeginning actual construction: (1) 

### All requirements for new source performance standards in chapter 74:36:07 that apply to the facility; (2) Compliance with the lowest achievable emissionrate (LAER); 

# • (3) Certification of compliance that all other major sources, major modifications, or reconstructed facilities that are owned, operated, or controlledbythe applicant either in whole or in part elsewhere in the state are in compliance with all applicable emission limitations and standards; and (4) The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit. Emissions offsets are determined in accordance with§ 74:36:10:07. 

# •
199

### The owner or operator may use a clean unit test as described in § 74:36:10:09 or • 74:36:10:10 to determine whether emission increases at a clean unit are part ofa projectthat is a majormodification. The owner or operator may apply for a pollution control project exclusion. Theprocedures for apollution controlproject exclusion are thosein40 C.P.R.§ 51.165(e)(l) to (e)(6), inclusive, (July 1, 2003 July 1, 2009). The owner or operator may apply for a plant-wide applicability limit. The procedures for a plant-wide allowable limit are those in 40 C.F.R. § 51.165(f)(1) to (f)(15), inclusive, (Jaly 1, 2Gffi

### July 

### 1. 2009). Approval to construct does not relieve an owner or operator ofthe responsibility to comply fully with applicable provisions ofthis article or the Clean Air Act and any other requirements under local, state, orfederal law. Submission ofpreconstruction monitored or projected ambient air quality data, or both, from the proposed source must accompany the permit application. In 

### addition, air quality dispersion modeling and meteorological data for the prescribed area may be required by the department. Costs ofthese requirements mustbeabsorbedbythe proposed source. Source: 

### 7 SDR4, effective July 27, 1980; transferred from§ 44:10:01:16, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 200 

# •
•• 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effectiveNovember 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:16, 19 SDR 157, effective Apri122, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiveJanuary2, 2005. 

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

### Law Implemented: SDCL 34A-1-6, 34A-1-22. 

### 74:36:10:07. Determining credit for emission offsets. The baseline for detennining credit for emission offsets is the emissionlimitin effect at the time the application to constructis filed, except that the offset baseline is the actual emission ofthe unit from which offset credit is obtainedifthe demonstration ofreasonable further progress and attainment ofambient air quality • standards isbasedupon the actual emission ofsources located within a designated nonattainment area; orifthere isno applicable emissionlimit. Indetennining credit for emission offsets the following criteria shall bemet: 

### (1) All offsets must be for the same pollutant, result in a net positive air qualitybenefit in the affected area, and be approved bythe departmentbefore issuance ofthe permit, even though theyneed notbe in effectuntil the source commences operation; (2) External offsets or those emission limitations from sources not owned, operated, or controlled by an applicant for a permit shall bemade through a revision ofthe permit conditions 

# • oftheparticipating source orsources. Atno timemaythe baselinebeexceeded; 201

### (3) The permissible location ofoffsetting emissions shall be conducted in accordance with 40 C.F.R., Part 51, Appendix S, section IV.D (July 1, 2003 July I,

### 2009); (4) For an existing fuel combustion unit, credit shall bebased on the emission limit for the type offuel being burned at the time the application to construct is filed. Ifthe existing source agrees to switch to a cleaner fuel at some future date, emission offset credits based on the allowable or actual emissions for the fuels involved may be allowed only ifpermit conditions specify an alternative control measure that would achieve the same degree ofemission reduction ifthe source switchedbackto the dirtier fuel at some later date; 

# •

(5) Emission reductions achieved by shutting down an existing unit or curtailing • production or operating hours below baseline levels may be credited if the reductions are permanent, quantifiable, federally enforceable, and the area has a federally-approved attainment plan. In 

### addition, the shutdown or curtailed production must occur after August 7, 1977, or less than one yearbefore the date ofsubmitting the permit application, whichever is earlier. Emission reductions may be credited in the absence of a federally-approved attainment plan if the shutdown or curtailment occurred on or after the date the application is filed for a new unit or if the applicant can establish that the proposed new unit is a replacement for the shutdown or curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one yearbeforethe date ofsubmitting the permit application, whichever is earlier;

202 

# •

# •
•
• (6) Except as set forth in 40 C.F.R. § 

### 51.165(a)(3)(ii)(D) (July 1, 2003 July l, 

### 2009), emission offset credit maynotbe allowed for replacing onehydrocarbon compound with another oflesserreactivity; (7) Creditfor emissions reductionmaybe claimedto the extentthat the departmenthas not relied on it in issuing a permit or in its demonstration of attainment or reasonable further progress; (8) Ifthe emissions limit allows greater emissions thanthepotential to emit ofthe unit, the emission offset credit is allowed onlyfor the controlbelowthepotential to emit ofthe unit; (9) Decreases in actual emissions resulting from the installation of add-on control technology or application ofpollution prevention measures that were relied upon in designating an emissions unit as a clean unit or a project as a pollution control project may not be used as offset; (10) Decreases in actual emissions occurring at a clean unit may not be used as offsets, except as provided in40 C.F.R. § 51.165(c)(8) and (d)(lO) (July 1, 2003 July 1, 

### 2009). Similarly, decreases in actual emissions occurring at a pollution control project maynot be used as offsets, except as providedin40C.F.R. § 51.165(e)(6)(iv) (July 1, 2003 July 1, 

### 2009); and (11) All emissionreductions claimed as offset creditmustbefederally enforceable.

203Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and • 44:10:01:17, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, effective May21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:01:15, 74:26:01:16.01, and 74:26:01:17, 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 January2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL34A-1-21, 34A-1-22. 74:36:10:08. Projected actual emissions. Any owner or operator who proposes a project for existing emissions units at a major stationary source that is not considered a major modification based on projected actual emissions but may result in a significant emission increase shall complywiththerequirements in 40 C.F.R. § 51.165(a)(6)(i) to (v), inclusive, (Jlliy 1, 2003 July 1, 2009). This section does not applyto projects at a cleanunit or at a source with a plant-wide applicabilitylimit. The owner or operator shall make the information required to be documented in 40 C.F.R. § 51.165(a)(6)(i) to (v), inclusive, (July 1, 2003 July 1, 2009) available for reviewupon a request for inspectionbythe secretary or the general public pursuant to the requirements contained in 40 C.F.R. § 70.4(b)(3)(viii) (July 1, 2003 July 1, 2009). Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary2, 2005. GeneralAuthority: SDCL 34A-l-6. 204 

# •
•

# •
•
• LawImplemented: SDCL 34A-l-6. 74:36:10:09. Clean unit test for emission units subject to lowest achievable emission rate. A clean unit test maybe used to determine whether an emission increase at a clean unit is part of a project that is a major modification according to the provisions in 40 C.P.R. § 51.165(c)(1) to (c)(9), inclusive, (July 1, 2003 July 1, 2009). Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary2, 2005. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-6. 74:36:10:10. Clean unit test for emission units comparable to lowest achievable emission rate. A clean unit test may be used to determine whether an emission increase at a cleanunit is part ofa project that is a majormodification for a cleanunitthat does not qualify as a clean unit under § 74:36:10:09, but is achieving a level of emission control comparable to lowest achievable emission rate as determinedbythe secretaryin accordance withtheprovisions in40 C.P.R.§ 51.165(d)(2) to (d)(ll), inclusive, (July 1, 2003 July 1, 2009). Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January2, 2005. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-6. CHAPTER74:36:11 205

# • PERFORMANCE TESTING

Section 74:36:11:01 Stackperformancetesting orothertestingmethods. 74:36:11:02 Secretarymayrequireperformancetests. 74:36:11:03 Noticeto department ofperformancetest. 74:36:11:04 Testingnew fuels orrawmaterials.

74:36:11:01. Stack performance testing or other testing methods. All stack • performance tests or other test methods must bemade in accordance with the applicable method specified in 40 C.F.R. § 60.17; Part 60, Appendix A;§ 63.14; Part 63, Appendix A; and Part 51, Appendix M (all Jtlly 1, 2005 July 1, 2009). Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:05:01, 7 SDR4, effectiveJuly27, 1980; transferred from§ 44:10:05:01, effectiveJuly 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:05:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26

206 

# •

### • SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January2, 2005; 32 SDR209, effective June 13, 2006. GeneralAuthority: 

### SDCL 34A-1-6, 34A-1-12. LawImplemented: 

### SDCL 34A-l-12.

CHAPTER74:36:12 CONTROL OFVISIBLE EMISSIONS 

# • Section 74:36:12:01 Restrictions on visible emissions. 74:36:12:02 Exceptions to restrictions. 74:36:12:03 Exceptions granted to alfalfapalletizes or dehydrators.

74:36:12:01. Restrictions on visible emissions. 

### The owner or operator ofa source may not discharge into the ambient air from a single unit of emissions an air pollutant ofa density equal to or greater than that designated as 20 percent opacity, as established by the Environmental Protection Agency's Method 9 in 40 C.P.R. Part 60, Appendix A (hlly 

### 1, 2005 

# • July 1, 2009). 207Source: SL 1975, ch 16, § 1; transferred from§ 34:10:03:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:03:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:03:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective Apri14, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-6. 74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or operator of a facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into the ambient air an air pollutant ofa density no greater than 30 percent opacity, as establishedby the Environmental ProtectionAgency's Method 9 in40 C.F.R. Part 60, AppendixA (Jaiy 

### I, 2005 July 1, 2009). Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

### § 74:26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effectiveJanuary2, 2005; 32 SDR209, effectiveJune 13, 2006. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-6.

208 

# •
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•

# •
•
• Section 74:36:13:01 74:36:13:02 74:36:13:03 74:36:13:04 74:36:13:05 74:36:13:06 74:36:13:07 74:36:13:08 

### CHAPTER74:36:13 CONTINUOUS EMISSION MONITORING SYSTEMS

Secretarymayrequire continuous emissionmonitoring systems (CEMS). Minimum performance specifications for all continuous emission monitoring systems. Reportingrequirements. Noticeto department ofexceedance. Compliance determinedbydata from continuous emissionmonitor. Compliance certification. Credible evidence. Compliance assurancemonitoring.



### 74:36:13:02. Minimum performance specifications for all continuous emission monitoring systems. Minimum performance specifications for all continuous emission monitoring systems are those contained in 40 C.F.R. Part 60, Appendix B and 40 C.F.R. § 60.13 (July 1, 2005 July 1, 2009).

209

### Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 26 • SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006. General Authority: 

### SDCL 34A-1-6, 34A-1-12. Law Implemented: 

### SDCL 34A-1-12. 74:36:13:03. Reporting requirements. 

### Owners or operators ofthose sources required to install continuous emission monitoring systems shall observe the reporting requirements contained in 40 C.P.R. §60.7 (Jaly 1, 2005 July 1, 

### 2009). All records mustbemade available to the department onrequest. Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: 

### SDCL 34A-1-6, 34A-1-12. LawImplemented: 

### SDCL 34A-1-12. 74:36:13:04. Notice to department of exceedance. 

### Any emissions that exceed the standards listed in 40 C.P.R. Part 60 

### (Ally 1, 2005 July 1, 

### 2009) or this article that are detected through continuous emission monitoring systems (CEMS) must be reported to the department within the time constraints as determined bythe secretaryinthe permitto operate.

210 

# •
•Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006. General Authority: 

### SDCL 34A-l-6, 34A-1-12. Law Implemented: 

### SDCL 34A-1-12. 74:36:13:06. Compliance certification. 

### Notwithstanding any other provision in any plan approved by the administrator, for the purpose of submission of compliance certifications an owner or operator may use monitoring as required under 40 C.P.R. § 70.6(a)(3) (JHly 1, 2005 July 1, 2009) and incorporated into a federally enforceable operating permit in addition to any specified compliancemethods. Source: 

### 21 SDR 119, effectiveJanuary 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13,2006. GeneralAuthority: 

### SDCL 34A-l-6, 34A-1-12. Law Implemented: 

### SDCL 34A-1-12. 74:36:13:07. Credible evidence. 

### Notwithstanding any other provision, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation ofaplan. Credibleevidenceis as follows: (1) Information from the use ofthe following methods is presumptively credible evidence ofwhether a violationhas occurred atthe source: 21174:36:16:01. General provisions. The following prov1s10ns are incorporated by 

# t reference: 40 C.P.R. §§ 72.2 to 72.85, inclusive, (July 1, 2005 July 1, 2009) except for the following definitions in § 72.2: Environmental Appeals Board, EPA trial staff, ex parte communication, hearing clerk, presiding officer, and state operating permit program and except for§§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, inclusive, 72.73, and 72.74. For the purposes ofthis chapter, "administrator" means the secretary of

### the aey>artment, except for those authorities which cannot be delegated to the state, in which case "administrator" means the administrator ofthe Environmental ProtectionAgency. Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18. 74:36:16:02. Allowance system. The allowance systemfor the acid rain program is that in 40 C.P.R.§§ 73.1 to 73.53, inclusive, (July 1, 2005 July I,2009). Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18. 214

# •
•
• 74:36:16:04. Continuous emission monitoring. The continuous emission monitoring requirements for the acid rain program are those in40 C.F.R. §§ 75.1 to 75.67, inclusive, (July 1,**~July** 1, 2009) and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 (July 1, 2005 July 1, 2009). 

### Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. 

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

### Law Implemented: SDCL 34A-1-18. 

### 74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emission reduction requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76.16, inclusive, (July 1, 2005 July 1, 2009). 

### Source: 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. 

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

### Law Implemented: SDCL 34A-1-18.

215

### CHAPTER74:36:18 REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA

Section 74:36:18:01 74:36:18:02 74:36:18:03 74:36:18:04 74:36:18:05 74:36:18:06 74:36:18:07 74:36:18:08 74:36:18:09 74:36:18:10 74:36:18:11 74:36:18:12 Definitions. Applicability. Permitrequired. Timeperiod for permits and renewals. Required contents ofa complete application for apermit. Contents ofpermit. Permit expiration. Renewal ofpermit. Reasonably available control technologyrequired. Visible emissions limit for construction and continuous operation activities. Exceptionto visible emissionlimit. Notice ofoperatingnoncompliance-- Contents.



### 74:36:18:10. Visible emission limit for construction and continuous operation activities. The owner or operator ofa state facility or state contractormaynot discharge into the 216 

# •
•
•

### • ambient air from a fugitive source an air pollutant of a density equal to or greater than that designated as 20 percent opacityfor a series oftwo minute averages with aminimum ofatotal of six minutes ofreadings. The Tennessee Vis1:1al Emissions Method 

### 1, as !ipJ9foved by EPA in 40 

### C.P.R. § 52.2220 (J1:1ly 1, 2001) 

### The Environmental Protection Agency's Method 9 in 40 C.F.R Part 60, Appendix A (July l,

### 2009) shall beused to determine the opacity. Source: 

### 28 SDR 178, effective July 1, 2002. GeneralAuthority: 

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

### SDCL 34A-1-47, 34A-1-49. 

# • CHAPTER74:36:19 MERCURY BUDGET TRADINGPROGRAM (Repealed)

8eetion 74:36:19:01 GeneFal J9fOvisions. 74:36:19:02 Designatedfej9fesentative. 

# • 74:36:19:03 Peftnits. 21774:39:19:04 ,'\im:eal alloeatioR ofmerearyallowaTJ:ees. 74:39:19:05 8abmittiRgmerOffi')' allovnmee alloeatiORS to the admifl:istrator. 74:39:19:09 BaseliReheatill:fll:lt. 74:39:19:07 ,\llowaRee alloeatioRs for el<istiRg mits. 74:39:19:08 ·New mit set aside aeeol:lflt. 74:36:19:09 AlloeatioR ofmereuryallowanees from ne'N l:lllit set aside aeeouRt. 74:39:19:10 MerooryreclaetioR aeeount. 74:36:19:11 Alloeation ofmerooryalloviaTJ:ees from mereuryreeaetioR aeeount. 74:36:19:12 P.pprwial ofmereury allowances 

### frDff1 n6'.v 

### unit set asiee account 

### aRe mereUJ)' 74:39:19:13 74:39:19:14 74:39:19:15 reeaetioR aeeooot. ,AJlowanee trackiRg system. ,\llO'.vanee traRsfer. MoRitoriRg andreportiRg.

74:36:19:01. CeBenal pnr'lisiaBs. The followiRg geReral provisioRs are iReorporated by referenee: 40 C.P.R. 

### §§ 60.4102 to 90.4108, iRelusive (Jaly 1, 2005). Sauree: 33 8DR 43, effeeti're September 18, 2009. CeseralAatharity: SDCL 34A 1 9, 34A 1 18. Law Implemested: 8DCL 34A 1 18.

218 

# •
•
•

# •
•
• desigaated r6fJreseatative . The followiag d l'efll'eseatatFie. 1 1 

# 74·>•·••'"'·

# o........ 604!14

# ""'"""""~ ., · · . CF.R.§§90.4II0to · ' ted by refereaee. 40 . . . e iaeo=ora f)fOYlSiOflS ar •1'

89uree: ' ' 34 A I 9 34A I I8. I Auth91'ity: SDCL "• ' Law IIHfllemea e . t d byrefereaee: 40 . . .flSOFJlOra e . O'IJSlOflS are 1 . The followiag pemut pr , 74:36:19:93. Pei'HHts. 90 4I24 iaelHsive (JHly I, 2005). C.F.R. §§ 90.4I20to . · ' 89uree:. ' L ..,AA I 9 34A I I8. h 'ty· SDC J9H ' Geael'ali\u.t 91'1 .

. SDCL 34A I I8. Law IIHfllemeated. 1 t. RS of t. annual al oea.to , llewaaees. Tt-te . f**mel'eU:I'~** a A 1 all9eati9H 9 ad for 

# 74,,.,,.,.,_ -••• h2on;,

# 2,>04 """""""-• 1 ·od ia 20I0 ilifoug , allo"·anees for the eoatro pen mer61:1f} "

. 928 ol:lflees peryear. 20I8 and thereafter, lS b r I8 2009. 33 SDR 43 effeetive S6fJtem**~** ' Geael'alAuth91'It}. t d· SDCL 34A I I8. Ltl')"f IIHfllemea e ·
21974:3&:19:05. Submitting meFeuFy allawaaee allaeatiaas ta the admi&istFataF. The • timing reE):l*irements fer submitting the mer6l:lf)' allowence alloca-tions in accordance \vita 

### §§ 74:39:19:07, 74:39:19:09, end 74:39:19:11 to the Administrator ofEPA are incoFJ3orated by reference: 40 C.P.R.§ 90.4141 (JBly 1, 2005). SaaFee: 33 SDR 43, effeetive S9f!tember 1g, 2009. Ce&eFal AathaFity: SDCL 34A 1 9, 34A 1 1g. LawImplemented: SDCL 34A 1 1g. 74:39:19:09. Baseline heat inpat. The baseline heat iEpffi, in million "Bms, used with respect to mereury allowance alloca-tions fer eaeh mereury budget unit are incoFJ3orated by reference: 40 C.P.R.§ 90.4142(a) (JBly 1, 2005). SaaFee: 33 SDR 43, effective September 1g, 2009. CeaeFali•.dlthaFity: SDCL 34A I 9, 34A I Ig. LawImplemeated: SDCL 34A 1 1g. 74:39:19:07. Allawaaee allaeatiaas faF**e~dsting** uaits. The total amount of mereury allow-aaces for l*isting units shall eEfl:lal 90 peFcOHt of the arJ-J:Hal mereury a11ocati0fls in 

### §74:39:19:04 fer control period in 2010 thFoagh 2014, and92 percent fer control period in 2015 end thereafter. l\n eKisting unit is defined as amereurybadgetunitthathas established abaseline heat iEplit in aceordanee 'liith 

### §74:36:I9:06. Ifthere is more then one**e~<isting** unit, the amount of mer6l:lf)' allO'.vanee is deteFHl:ined fer eaeh**e~dsting** unit by FRl:lltiplying the total amount of 220 

# •
•

# •
•
• . thetotal amomt . '4: efthe e:x.isting mitto . f the baseline heat IRflU mercury allowances bythe ratw o d" t the nearest vffiele alle'Nance as . . . t and roun mg e . , t efall sueh eJnsting mi s ofbaseline heat IRfl-H

ber 18 2006. 33 8DR 43 effeetive 80j3teHr ' Satuee: ' GeaeFa aU: I • thaFity: 8DCL 34A 1 6, 34A 1 18.

.. SDCL 34A 1 18. LawI1BJ3lemeate... . d . 2010 and thereafter, tr l "'0fl0- Hi t For eaeh cofbe .t' "t t aside aeeaaa . 

### 74,.,, 19,08. Now,_

# •~ ..

# "'''-"'·The--

. .de account for merclli') 

### l" h nO"" I:HHt set aSI • etarv shall estab IS a

# ~· t f the annual merCUF; tho '"' •' 0 II ""' "'" """'"' ' . t set aside accoull:t s a et:r l



### . . s 74·36:19:04 forcontrelpeno allocatiOns m s · . d . 2015 and thereafter. peno m
t..er 18 2006. 43 effeetive 8Oj3teffit:l ' SauFee: 33 8DR '

. CL34" 16 34A 118. GeaeFall'·.,athaFity: SD"• ' t 

## a· 8DCL 34A 1 18. LawlmJllemea e .

. f meFeUFt a · 74:36:19:09. Allaeattaa 9 ., "l ale teanew unit. A nettV mit "d eufit are ihai a ". '4l:it set asi e ace**~** "t set aside aeeauat. aev· UBl- . Dawaaees fFam • from the new -H · cerdance 

### M""""Y "11""""'" · b 

### "linoh""

# ~ m "' "hat has not established a a

. defined as a merCUfj" budget unit t fr m the new unit set aside IS • allomances o "t . eligible for mercury .. 06 A nem URI IS II mancos mith S 74:36:19: • Hir "t "s allocated mercury a Oii n s t.. em

# URI~ I . d for vffiieh tue n ·• t.l the first control peno account UBI 221

### OBde< 

## ! 74 ,,.,!9o07. The ""'"'""' 

### 8 "- . ."' 

# '"'''*" --•to the '""""""' h Hem Ufllt set asl b .t a fequest 't ay su Hll 

### · f a He>" lHl1 lH . 4ed fepfesefltatPre e " ft: lH t e

# ~v f the ' ' llewaHeese . m'th the latef e le ""''

# m""""'"

# ~" UAit

# ~- "'

.aHee aeeeuat fef the H v . trackiHg system eelHph . d iH ·vhieh the He>.v umt 

### ollow"""' . d ""'the 

### -lpOHe ' t atrel pene a I . d ia 2010 er the fifs ee t fOOSt ae SuBHlitted eH eefltfe pene transfeffeEJ:ues

. heHlefeury allewaHee Sf befefe u 

## :r . llewaHees m aH alH I ;'19d lH y, lir d' J l . l •• ""' ·- •• . - ..,, """-

. . fequest ffi6i'OOf'Or a 't's tetal SUHees e S anailabJe lB: the He" 

# ""'

# - .... "' """"""""""'" 

# . Hests(s) 61\'eeed t e lH feEJ:Hested. Ifthe reEJ: . .

# ~1ewaHee shall be <>!lor""""'' "" -t 

### of m'"""' ' n . the ameUH h t eeHtrel penod, f e 

### dol"""'"olM -HOW

### UAit

### by""".. 

## ?".. l riod - - .......le the -

d . the eefltre pe

. fj' el'Rissioas

## ~mg 11 ... ee as efthe tetal eUHees ef

# lHOf~ d. te the aeaFest ·.vhele <r ewaH

. . f all SHefl feEJ:HeStS aHa f9UH mg , 0:fef f 6f6Hi)' effl1SS19H e .., . it set aside aeeeun eUHees e lH . ·ag ia the He-n UH

. al1mvanees felHaiHl • A , UHalleeated Hl6f6Ufj appmpnate. 1 rll3 . d shall bebankeEl fef fu.tl:lfe Hse. the eefltfel pone 33 SDR 43 effeetive Sept6fflb6f 1

### g, 2006. Ceneral,'\utllaFlt}. d· SDCL 34A 1 1g. LwN hBfJlelHeBte ' daetian aeeaaB . . , 

### 74-3..,9·10. M-oy " . , 

### 1 .,_.,00,. The ,......., • , • Jl 6f6l:li'y Yi HI • feduetiea aeeeuflt «Jf lH . d. 2010 andth6feaftef, tr I pene lH t Fef eaeh eefbe



### . Boll

# '*"""""' a """<r't 

### f ''" """""' "'"""""' 

### ""' """"" ' l ""' ""' ... - ' allmvaHees fef the Hl6f6Ufj. feduetieH aeeel:lflt shal eEJ: 222 

# •
•
•

# • ,_ ah 2014 

### aFHi four pereeffi for eoetrol l 

### ·oaiH 2010 

### trlfol:!;sn ' . . s 74·36:19:04 

### for eoetro pen alloeatwHs m s .



### . a. 2015 

### aHa thereafter. pono m Souree: ' ' 33 

### SDR 43 

### offoetivo September 18, 2006. Ceueral l'· ..ut on · h 'ty· 

### SDCL 34A 1

# a, 34A 1 18. ed· 

### SDCL 34A 1 18. LawlmJJlemeut . 

# •
• "' II tiou of mereu

## ~ . t 

### HO'" 74:Je:19:11. H aea 

### a"ai1ab1o to aH

# o~<istiHg l:IHI or n



### .roffitetioH aeeol:lflt are. . reduetiou aeeauut. f mereur) r . allowaueesrom



### . · allow""'" 

### -<he...,_ <h m....., '""""1 ' fe< Morel:lfY . . eoHtro1s FHOaHs 0 . . oetro1s. gost FHeFGl:lfY . lffiit that aehiovos best FHoreton-y e l 90 

### '"OreoHt eoetro1 oftho FHOrGrn) thaH or**o~a** 

### to "
. m it

### aehio~·o greater tr 1 is

. f 

### Hg UHit or HOw Ufr . 

### b st FHereury

# eo~o aFI

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. . rmit or HOW UBI 

### h lffiit. A·n

## o~Hstmg . to five "'""""'" """' be . """"'" ,.._ 

### fe< .. fi: 

### tho FHoreury ro llO"'aH60SOFH ai r ellgible 

### fe< 

### <he """""'l' 

### ov " ·., f '" """'"" -

# '"~ . aosigsatoa ropresoetath0 0

. as :fho FHereuty Ol:lflt


# __ ,

# "~ P""" . -<he """""Y'""""""" ""' ersury al1owaHeos · o"l:!ost to have FH · t. g UHit · t FHay SUbFHit a r <r 

### t for tho OKIS4H HO'.V Ufl1 

### om..1ianeo aeeoUH 1· s:,<stOFH e .- 

### 11 maneo trae'!Hg · a
.....,........ te 

### <he'""""" <VOw · 

### 0;,2010 

### "<he -"""""' P"'' f tho eoetrel pone


### . ,,. ..... <he,..... h """' 

### ""Hdlor HO'.V UHit stan.Hg " ,_ b OH doFHoHstratoa. T 

### o FH m tl, tf 1 

### HaS

# ~0 t1

. . "<hieh 

### best fHefGU£:,'**60~0** 

### S . iH 

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# ~ " , 1 Ml"

### <he e.-!

# P"'"0 b -bFHittoa OH or before Fe ru I) . c 

### uost FHUst Osu llomaneos 

### """,,,.,., '"""""... ( ' .... <he -

# ~ " t a If tho reEJ:l:!OSt.::s}**O~<** 

### os are**ro~os** 

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### h tho fHOfeU£Y allOWaHG h 

### 11 be aotonHiHOa for eae "Hie . . al1owaHeo SHa

. a tho aFHOl:lflt ofFHeretu-y .



### .

# , ;, 

### <he e.-!pene , . 

# u.,..,.,., loy"" ""' 

### avai a . . t 

### 1aFHOUHt ofFHoreury a " . b .FHUltipl)'IHg tho to a h

# o~<isting uHit aHd/or How l:IHity . ofeoetro1 offieien.eios ofall sue t to tho SUFHFHatlOH vo1 offieioHey for aroEJ:ues oftho FHorsury eoH r 223relfliests and roundiag to the aeaTest whole allowaaee as aJ9J9FOpriate. Aay malloeated merem-y • allowaaees remaiaiag iathe merearyreduetioa aeeomt for the eeatrel veried shall eebanked for futl:lre use. Saaree: 33 SDR 43, effeetive Sevteraeer 18, 2006. Geaerall· ..athaf'ity: SDCL 34A 1 6, 34A 1 18. Lawlmf)lemeated: SDCL 34A, 1 18. 

### J6 19 12 Apl)FOYal af mereHf1' allawaaees fram Hew a&it set aside aeeaaat and 74: ::. d t" t The deJ9artnleffi "'ill re"iem eaeh mereary allowanee relfliest from merea.ry re ae IaH aeeaaa .**~** v " the aew Uil:it set aside aeeeunt aad merearyreduetioa aeeoffilt aad traasfermerearyallowaaees to the mereary allowaaee traekiag system eom)9hanee aeeouffi «Jr eae-- eofbo P · t; 

### h tr 

### 1..eriod pursuaat to suehrelfliests as follov1s: (1) The devaTtraeat will aee6)9t an allowaaee alloeatioa request for the aew unit set aside aeeount oaly if the relfliest meets, or is adjusted ey the d6J9artnleffi as aeeessary to meet, the requiremeats or§ 74:36:19:09; (2) The d6)9artraeffi will aeeevt an allowanee alloeatioa relfliest for the mereury reduetioa aeeoffilt oaly if the relfliest meets, or is adjusted ey the d6J9ai'traeffi as aeeessary to meet, the requiremeffis of§ 74:36:19: 11 ; (3) The devartmeat will determiae the sum of the mereary allowanees requested, as adjusted ia aeoordaaee with§§ 74:36:19:09 and 74:36:19:11, for the eoatrol veriod aad transfer

224 

# •
•

# •
•
• ' . g sustem eemplianee lle,.,anee tFaetHH J . .4e mersury a " ,., ees to the aflflFOflna 

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### §§ 60.

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### Law ImplemeB e. "er "'Fe"isioHs are allowaHee tFansw P • feFs The followiHg 4**\lle~"aBee** tFaBS • 

### 74,,.,19,1-. r2 . I ,;.,9 (Joly I, 2005). R 

### §§ 60.4160 to 60.416 'meu ' . ateabvrefereaee: 

### 40 G.F. . 1H60Ffl6F J SeuFee: '**~~** SDR**4~** effeetive SefJtember 18, 2006. 225

### CeaeFall· ..utltoFity: 8DCL 34A 1 6, 

### 34A 1 18. LawImplemeated: 8DCL 34A 1 18. 74:36:19:15. MoBitOFiBg aad Fef16FHBg. The following monitoring ana**r~orting** 

### provisions aTe incorporates by reference: 4Q C.F.R. 

### §§ 6Q.417Q to @.4176, inclusive (July 1,

SouFee: 33 8DR 43, effective September 18, 2006. CeaenU· ..uthoFity: 8DCL 34A I 6, 

### 34A I I8. LawImplemeated: 8DCL 34A 1 18. 

### CHAPTER74:36:20 CONSTRUCTION PERMTIS FORNEWSOURCES ORMODIFICATIONS 74:36:20:01 Applicability. 74:36:20:02 Constructionpermitrequired. 74:36:20:03 Constructionpermitexemption. 74:36:20:04 Emission unitexemptions. 74:36:20:05 Standardfor issuance ofconstructionpermit. 74:36:20:06 Timely and complete application for a constructionpermitrequired. 74:36:20:07 Required contents ofcomplete application for a constructionpermit. 74:36:20:08 Applicantrequiredto supplement orcorrect application. 226 

# •
•
•

# •
•
• 74:36:20:09 Permit application -- Completeness review. 74:36:20:10 Time period for department's recommendation. 74:36:20:11 Public participationinpermittingprocess. 74:36:20:12 Public review ofdepartment's draftpermit. 74:36:20:13 Finalpermitdecision-- Notice to interestedpersons. 74:36:20:14 Rightto petitionfor contested case hearing. 74:36:20:15 Contents ofconstruction permit. 74:36:20:16 Administrative permit amendment. 74:36:20:17 Procedures for administrative permitamendments. 74:36:20:18 Reopening constructionpermitfor cause. 74:36:20:19 Proceduresto reopen construction permit. 74:36:20:20 Constructionpermitdoes notexemptfrom otherrequirements. 74:36:20:21 Expirationofa construction permit. 74:36:20:22 Notice ofconstructing oroperatingnoncompliance-- Contents. 74:36:20:23 Petitionfor contested case on alleged violation. 74:36:20:24 Circumvention ofemissions not allowed. 74:36:20:01. Applicability. The requirements ofthis chapter apply to the construction of all new sources ormodifications to existing sources. Source: GeneralAuthority: SDCL 34A-l-6, 34A-1-21. 

### LawImplemented: SDCL 34A-l-21. 22774:36:20:02. Construction permit required. 

### A person maynot construct, install, modify, or operate any source or unit likely to cause the emission ofair pollutants into the ambient air or any equipment that prevents or controls the emission ofair pollutants into the ambient air until a constructionpermithas beenissued bythe board or the secretary. Source: General Authority: SDCL 

### 34A-1-6, 34A-1-21. Law Implemented: SDCL 

### 34A-1-21. 74:36:20:03. Construction permit exemption. 

### The following new sources or modifications to an existing source are exemptfrom obtaining a constructionpermit: (1) A new source or modification to an existing source meeting the requirements of § 

### 74:36:09; (2) A new source or modification to an existing source meeting the requirements of § 74:36:10; (3) A new source or modification to an existing source authorized under a general permit; (4) A source thatmeets the exemptionrequirements in§§ 74:36:04:02.01 and 74:36:05:04. Source: General Authority: SDCL 

### 34A-1-6, 34A-1-21. Law Implemented: SDCL 

### 34A-1-21.

228 

# •
•
•

# • 74:36:20:04. Emission unit exemptions. 

### The following emission units are exempt from inclusion in a construction 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 or the emission unit is applicable to a standard in §§ 

### 74:36:07 or 74:36:08: (1) 

### One or more incinerators ofless than 100 pounds per hour combined burning capacity that combust municipal orhousehold waste; (2) A mobile internal combustion engme, including those m autos, trucks, tractors, airplanes, locomotives, andboats; (3) Laboratory equipmentused exclusivelyfor chemical orphysical analysis; (4) Aunit that has aheat input capability ofnot more than 3,500,000 Btus perhour, except • for units fueled with wood or coal;


# • (5) An 

### air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, orpavingparking lots; (7) 

### A unit that has the potential to emit two tons or less per year ofany criteria pollutant before the application ofcontrol equipment. However, the criteria pollutant emissions from the unit must be included in determining whether the source is required to obtain a construction permit; and (8) A unit that has the potential to emit two tons or less per year of any hazardous air pollutant before the application of control equipment. However, the hazardous air pollutant

229

### emissions from the unit must beincluded in determining whether the source is required to obtain 

# • a constructionpermit. Source: GeneralAuthority: 

### SDCL 34A-l-6, 34A-1-21. Law Implemented: 

### SDCL 34A-1-21. 74:36:20:05. Standard for issuance ofconstruction permit. 

### A constructionpermit for a new source ormodification to an existing source maybe issued only ifit has been shown that the operation ofthe new source or modification to an existing source 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.P.R.§ 51.100 (July 1, 

### 2009). Each new source ormodification to an existing source must complywith emission limits and otherrequirements ofthe act and the Clean Air Act. The construction permit must include reasonable conditions, including adherence to plans and specifications, to ensure compliance with the act, the Clean Air Act, and any other conditions justifiedunder SDCL 34A-1-19. Source: GeneralAuthority: 

### SDCL 34A-l-6, 34A-1-19, 34A-1-21. Law Implemented: 

### SDCL 34A-l-21. 

# •
230

# • 74:36:20:06. Timely and complete application for a construction permit required. A person who constructs a new source or modification to an existing source required to have a construction permit shall submit a complete application to the department at least 180 days before the estimated date ofcommencing construction ofthe new source or modification to an existing source. An application is completeifitmeets therequirements in§ 74:36:20:07. Source: General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-l-21. 74:36:20:07. Required contents ofcomplete application for a construction permit. An application for a constructionpermit for a new source ormodification must includethe following • information to beconsidered a complete application:


# • (1) The following general companyinformation: (a) The companyname and address or the plant name and address ifdifferent from the companyname; (b) The owner's name and agent, and (c) Theplant site manager or contact; (2) A description ofthe plant and its processes andproducts; (3) The following information on emissions: (a) Identification and description ofall emissionunits; (b) Fuels, fuel use, raw materials, and productionrates; (c) Identification and description ofairpollution control equipment; 231

### (d) Limitations on source operation affecting emissions or any work practice standards, • ifapplicable, 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) Ifavailable, a copy ofany prepared plans and the specifications ofany equipment or other facilities that may affect the source, includingpollution control devices; (5) A signed and notarized certification ofapplicant form; (6) Theresults ofany air dispersion modelingrequired bythe department; (7) Theresults ofany stackperformancetestingrequiredbythe department; and (8) Any other information requested by the department that is relevant to determining • compliance with the act orthe Clean AirAct. The application must be signed by the responsible official or designated representative. Source: GeneralAuthority: 

### SDCL 34A-l-6, 34A-1-21. Law Implemented: 

### SDCL 34A-1-12, 34A-1-21. 74:36:20:08. 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 

# •
232• requirements that become applicable after the application is filed but before the release ofthe draft permit. Source: GeneralAuthority: SDCL 34A-l-6, 34A-1-21. LawImplemented: SDCL 34A-1-21. 74:36:20:09. Permit application -- Completeness review. The department shall conduct a completeness review ofeachpermit applicationreceived, as follows: (1) Within 30 days after submission of an application for a construction permit, 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, m writing, additional informationnecessaryto evaluate ortake final action onthe application; (2) Ifthe 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 ofanincomplete notification orrequest for additional information to submit the information, unless an extension beyond the 20 working days is approved bythe department; and

233(3) The department shall determine the adequacy of the applicant's response to each • incomplete item within 15 days after receipt of the response and shall notify the applicant in writing ifthe applicationis oris not complete. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:20:10. Time period for department's recommendation. The department shall recommend issuance or denial ofa construction permit within 180 days after the submission ofa 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 or the Clean Air Act. Failure ofthe department to act on an application entitles the applicant to petition for and obtain a contested case review ofthe application without waiting for a department recommendation. The petition must conform to therequirements ofarticle 74:09. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

234 

# •
•

# •
•
• 74:36:20:11. Public participation in 

### permitting process. The department shall mail a copy ofthe draft permit to the applicant. The department shall publish a public notice ofthe draft permit once in a legal newspaper in the county where the source is located. The notice must include a brief statement describing the source and where it is located; the department's recommendation and the reasons for it; the activity or activities involved in the permit action; a statement that aperson may submit comments or contest the draft permit within 30 days after the publication ofthe notice; a description ofthe procedures apersonmust follow to contest the draft permit and request a hearing in accordance with article 74:09; and a statement describing where copies ofthe draft permit or other information maybe obtained. The department shall provide to the interestedparties a 30-daynotice ofanyhearing to contest a draft permit. Source: General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 1-26-27, 34A-l-2l, 34A-1-30. 74:36:20:12. Public review of 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 shall be considered in making a final permit decision on the draft permit as provided in § 

### 74:36:20:13. 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 ofthis article orthe requirements ofthe Clean AirAct.

235

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

### Law Implemented: SDCL 34A-1-21 

### 74:36:20:13. Final permit decision -- Notice to interested persons. The department shall make its final permit decision within 30 days ofthe end ofthe public comment period on a draft permit. The department shall notify, in writing, the applicant and each personthat submitted written comments or requested notice of the final permit decision. The notice shall include reference to the procedures for contesting the final permit decision and requesting a hearing in accordance with article 74:09. For the purpose ofthis section, the final permit decision means proposing a permit ordenying a permit. The final permit shall be issued within 30 days ofnotifying 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 inthe final permitdecision; (2) A contested case hearing is requested; or (3) No comments or request for changes in the draft permit were received during the public comment period on the draft permit. In this case, the draft permit automaticallybecomes the final permit decision and the final permit is issued at the end ofthe public commentperiod. 

### Source: 236 

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•
•

# • GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34 74:36:20:14. 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 maypetition to intervene and request a hearing ifthe person has an interest affected by the department's draft permit. Such petitions must comply with the provisions ofarticle 74:09 and be received bythe department within 30 days afterpublication of the noticerequired by § 74:36:20:11. 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 afterreceiving the department's final permitdecision. Ifthe draft permit or the final permit decision is contested, the department shall present the draftpermit or final permit decision to the board for action in accordance with article 74:09. Source: GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34. 

# • 237

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

### A construction permit shall include the 

# • following: (1) The signature ofeitherthe secretary orthe chairman; (2) The name ofthe person, company, political subdivision, agency, or institution granted apermit; (3) The type ofoperation; (4) The facility and mailing address; (5) The date the construction permit was granted; (6) A numberfor administrativereference; (7) The timeline for submitting a timely and complete application for a minor source operatingpermit orPart 70 source operatingpermit; (8) A statement granting a construction 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 ensure compliance with applicable requirements ofthe act and the Clean AirAct; (10) Monitoring, recordkeeping, and reporting requirements necessary to determine compliance with the construction permit; (11) A severability clause to ensure the continued validitv of the various permit requirements ifanyportions ofthe permit are challenged; and (12) Provisions statingthe following: 

# •

238

# •
•
• (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action; (b) 

### The construction permit does not convey any property rights of any sort or any exclusiveprivilege; and (c) The permittee shall provide any information, includingrecords, requested in writing bythe department to determine compliance. Source: General Authority: 

### SDCL 34A-l-6, 34A-1-21. Law Implemented: 

### SDCL 34A-1-21, 34A-1-30. 74:36:20:16. 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 ofthe change and documentation supporting the applicant's claim that the revision qualifies as an administrative permit amendment. Source: GeneralAuthority: 

### SDCL 34A-l-6, 34A-l-21. Law Implemented: 

### SDCL 34A-1-21 74:36:20:17. Procedures for administrative permit amendments. 

### The source may implement a proposed revision that is considered an administrative permit amendment 239

### 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 theprocedural requirements applicable to obtaining a constructionpermit. Source: GeneralAuthority: 

### SDCL 34A-l-6, 34A-l-21. Law Implemented: 

### SDCL 34A-1-21 74:36:20:18. Reopening construction permit for cause. 

### The department may reopen a construction permit for further review ifthe department determines that the permit contains a material mistake in establishing the emissions standards or limits or other requirements ofthe • construction permit or the department determines that the constructionpermitmust be revised to ensure compliance with the applicablerequirements ofthis article and the CleanAirAct. Source: General Authority: 

### SDCL 34A-l-6, 34A-1-21. Law Implemented: 

### SDCL 34A-1-21 74:36:20:19. Procedures to reopen construction permit. 

### The department shall notifythe source at least 30 days before reopening a construction permit. The department may reopen a permit in a shorter time in an emergency. The procedures to reopen a construction permit shall 

# •
240

### • follow the procedural requirements to issue a constructionpermit and shall affect onlythose parts ofthe permit for which cause to reopen exists. Source: General Authority: 

### SDCL 34A-l-6, 34A-l-21. Law Implemented: 

### SDCL 34A-1-21 74:36:20:20. Construction permit does not exempt from other requirements. 

### The issuance ofa construction permit for a new source or modification to an existing source does not exempt the new source or modification to an existing source from obtaining the applicable operating permit pursuant to § 74:36:04 or§ 74:36:05 or from the obligation to comply with the • applicable emission limitations orrequirements ofthe Clean AirAct. Source: General Authority: 

### SDCL 34A-l-6, 34A-l-21. Law Implemented: 

### SDCL 34A-1-21 74:36:20:21. Expiration of a construction permit. 

### A construction permit expires ifthe construction ofthe new source or modification to an existing source has not commenced within 18 months after the effective date ofthe constructionpermit, ifconstruction is discontinued for a period of 18 months ormore, orifconstruction is not completed within ten years ofthe effective date. If a construction permit expires, the applicant's authority to commence construction or 

# • complete construction ofthe new source ormodification to an existing sourceis terminated. 241

# • Source: GeneralAuthority: SDCL 34A-l-6, 34A-1-21. LawImplemented: SDCL 34A-1-21. 74:36:20:22. Notice ofconstructing or operating noncompliance-- Contents. Ifthe department determines that the construction or operation ofa source is not in compliance with this article, the Clean Air Act, or permit conditions, the department may issue a notice ofsuch a finding to the permit holder or operator ofthe source. The notice must contain citations to the rules, statutes, 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 is not negotiated, the department may petition the chairman of the board for a contested case hearing ormay file a civil penaltyorinjunctive action in circuit court. Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 1-26-20, 34A-1-53. 74:36:20:23. Petition for contested case on alleged violation. In 

### accordance with § 

### 74:36:20:22, the department may file a petition containing the information required in article 74:09 with the chairman to request an order directing corrective action, to request that an • 242• enforcement hearing be scheduled pursuant to the provisions ofchapter 74:09:01, or to request that the constructionpermitbe suspended orrevoked for noncompliance. Source: GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-47, 34A-1-49. 74:36:20:24. Circumvention ofemissions not allowed. A person maynot install or cause the installation oruse ofa device ora means that conceals or dilutes an emission ofair pollutants that would otherwise violate this article or the Clean Air Act. This includes operating a source, unit, or control device that emits pollutants into the ambient air from an opening other than the • stack, vent, orequivalent opening from which theywere designed to be emitted. Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 

# •

243

# •
• MEMO TO: FROM: SUBJECT: June 8, 2010 

### DEPARTMENT 

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 denr.sd.gov
Secretary ofState Chris Nelson Kyrik

# ~~&u-gh, Natural Resources Engineering Director Air Quality Program Final Rules ofAmendmentsto ARSD 74:36 - Air Pollution Control Program I have enclosed a packet pertaining to the final rules ofthe amendments to ARSD 74:36- Air Pollution Control: The enclosed packet contains the following documents: • The original certificate ofthe Chairmanofthe Board ofMinerals and Environment; • A copyofthe Board ofMinerals and Environment's approval; and • A copyofthe final rules, which showthe changes to the currentprintedrules with overstrikes andredcoloring for deletions and underscores andblue coloring for additions Ifyou have any questions, please contactme at (605) 773-3151.

# •
•
• IN THEMATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES APPROVAL OF RULES Following a public hearing held onApril 15, 2010, the following rule revisions, attached, are approved and will become effective twenty days afterfiling with the Secretary ofState:
a. Revising chapter 74:36:01 (e.g. revising sections 74:36:01:01, 74:36:01:05, 74:36:01:10, 74:36:01:20, and adding section 74:36:01:21); b. Revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 74:36:02:05); c. Revising all ofchapter 74:36:03; d. Revising chapter 74:36:04 (e.g. revising sections 74:36:04:02, 74:36:04:03, 74:36:04:03.01, 74:36:04:04, 74:36:04:06, 74:36:04:07, 74:36:04:09, 74:36:04:10, 74:36:04:12, 74:36:04:12.01, 74:36:04:13, 74:36:04:15 through 74:36:04:18, 74:36:04:20, 74:36:04:20.01, 74:36:04:20.04, 74:36:04:23, 74:36:04:27, 74:36:04:32, adding section74:36:04:02.01, and repealing 74:36:04:11); e. Revising chapter 74:36:05 (e.g. revising sections 74:36:05:01, 74:36:05:02, 74:36:05:03, 74:36:05:04, 74:36:05:04.01, 74:36:05:06 through 74:36:05:09, 74:36:05:12, 74:36:05:16.01, 74:36:05:17, 74:36:05:18, 74:36:05:20.01, 74:36:05:20.03, 74:36:05:21.01, 74:36:05:28, 74:36:05:30, 74:36:05:31,74:36:05:32,74:36:05:38,74:36:05:41,74:36:05:42,74:36:05:44, 74:36:05:46, 74:36:05:51, andrepealing section 74:36:05:03.01); f. Revising chapter 74:36:07 (e.g. revising sections 74:36:07:01 through 74:36:07:07.01, 74:36:07:09, 74:36:07:10, 74:36:07:12 through 74:36:07:22, 74:36:07:23 through 74:36:07:28, 74:36:07:31 through 74:36:07:34, 74:36:07:36, 74:36:07:37, 74:36:07:39 through 74:36:07:46; 74:36:07:47 through 74:36:07:76, 74:36:07:77 through 74:36:07:89, and adding sections 74:36:07:22.01, 74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90); g. Revising chapter 74:36:08 (e.g. revising sections 74:36:08:01, 74:36:08:02, 74:36:08:02.01, 74:36:08:03 through 74:36:08:102, and adding sections 74:36:08:02.02,74:36:08:02.03, 74:36:08:02.04, and 74:36:08:103 through 74:36:08:121); h. Revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 1. Revising chapter 74:36:10 (e.g. revising sections 74:36:10:02,74:36:10:03.01,74:36:10:05, 74:36:10:07 through 74:36:10:10) J. Revising chapter 74:36:11 (e.g. revising section 74:36:11:01); k. Revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and 74:36:12:03); 

### 1. Revising chapter 74:36:13 (e.g. revising sections 74:36:13:02,74:36:13:03,74:36:13:04, 74:36:13:06,74:36:13:07, and 74:36:13:08); m. Revising all ofchapter 74:36:16;

# •
•
• n. Revising chapter 74:36:18 (e.g. revising section 74:36:18:10); o. Repealing chapter 74:36:19; and p. Adding chapter 74:36:20; LEGISLATIVE RESEARCH COUNCIL (for legality and for form and style) BOARD OF MINERALS AND ENVIRONMENT

# ~~ Richard C. Sweetman, Chairman
Peter Bullene Date

------ Date Lee M. McCahren, Vice Chairman
Linde Hilde
Glenn Blumhardt

# •
•
• IN THE MATTEROF THE PROMULGATION OF ADMINISTRATIVE RULES APPROVAL OF RULES Following apublic hearing held onApril 15, 2010, the following rule revisions, attached, are approved and will become effective twenty days after filing with the Secretary ofState:
a. Revising chapter 74:36:01 (e.g. revising sections 74:36:01:01, 74:36:01:05, 74:36:01:10, 74:36:01:20, and adding section 74:36:01:21); b. Revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 74:36:02:05); c. Revising all ofchapter 74:36:03; d. Revising chapter 74:36:04 (e.g. revising sections 74:36:04:02, 74:36:04:03,74:36:04:03.01, 74:36:04:04,74:36:04:06, 74:36:04:07,74:36:04:09,74:36:04:10, 74:36:04:12, 74:36:04:12.01, 74:36:04:13, 74:36:04:15 through 74:36:04:18, 74:36:04:20, 74:36:04:20.01, 74:36:04:20.04, 74:36:04:23, 74:36:04:27, 74:36:04:32, adding section 74:36:04:02.01, and repealing 74:36:04:11); e. Revising chapter 74:36:05 (e.g. revising sections 74:36:05:01, 74:36:05:02, 74:36:05:03, 74:36:05:04,74:36:05:04.01,74:36:05:06 through 74:36:05:09,74:36:05:12,74:36:05:16.01, 74:36:05:17,74:36:05:18,74:36:05:20.01,74:36:05:20.03,74:36:05:21.01,74:36:05:28, 74:36:05:30,74:36:05:31, 74:36:05:32,74:36:05:38,74:36:05:41,74:36:05:42,74:36:05:44, 74:36:05:46, 74:36:05:51, and repealing section 74:36:05:03.01); f. Revising chapter 74:36:07 (e.g. revisingsections 74:36:07:01 through 74:36:07:07.01, 74:36:07:09,74:36:07:10, 74:36:07:12 through 74:36:07:22, 74:36:07:23 through 74:36:07:28, 74:36:07:31 through 74:36:07:34, 74:36:07:36, 74:36:07:37, 74:36:07:39 through 74:36:07:46; 74:36:07:47 through 74:36:07:76, 74:36:07:77 through 74:36:07:89, and adding sections 74:36:07:22.01, 74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90); g. Revising chapter 74:36:08 (e.g. revising sections 74:36:08:01, 74:36:08:02, 74:36:08:02.01, 74:36:08:03 through 74:36:08:102, and adding sections 74:36:08:02.02,74:36:08:02.03, 74:36:08:02.04, and 74:36:08:103 through 74:36:08:121); h. Revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 

### i. Revising chapter 74:36:10 (e.g. revising sections 74:36:10:02,74:36:10:03.01,74:36:10:05, 74:36:10:07 through 74:36:10: 10) J· Revising chapter 74:36:11 (e.g. revising section 74:36:11:01); k. Revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and 74:36:12:03); 

### 1. Revising chapter 74:36:13 (e.g. revising sections 74:36:13:02,74:36:13:03,74:36:13:04, 74:36:13:06,74:36:13:07, and 74:36:13:08); m. Revising all ofchapter 74:36:16;n. Revising chapter 74:36:18 (e.g. revising section 74:36:18:10); 

# • o. Repealing chapter 74:36:19; and p. Adding chapter 74:36:20; Date

## ~tA.v- 

# 3) '2..0}\:) (for legality and for form and style) BOARD OF MINERALS AND ENVIRONMENT Date

# /?ij~ Richard C. Sweetman, Chairman Lee M. McCahren, Vice Chairman
Peter Bullene Linde Hilde

# )}L_Af?~- 

# • ?JL_.__ Glenn Blumhardt
Charles Monson 

# •

# •
•
• IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES CERTIFICATE I, Richard C. Sweetman, hereby certifythat I am a duly appointed member and the duly elected chair ofthe Board ofMinerals and Environment andthat the attached instruments are full, true, and correct copies ofthe following rules adopted by the Board ofMinerals and Environment on April 15, 2010: a. Revising chapter 74:36:01 (e.g. revising sections 74:36:01:01,74:36:01:05,74:36:01:10, 74:36:01:20, and adding section 74:36:01:21); b. Revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 74:36:02:05); c. Revising all ofchapter 74:36:03; d. Revising chapter 74:36:04 (e.g. revising sections 74:36:04:02, 74:36:04:03, 74:36:04:03.01, 74:36:04:04, 74:36:04:06,74:36:04:07, 74:36:04:09,74:36:04:10,74:36:04:12, 74:36:04:12.01,74:36:04:13,74:36:04:15 through 74:36:04:18,74:36:04:20,74:36:04:20.01, 74:36:04:20.04, 74:36:04:23,74:36:04:27,74:36:04:32, adding section 74:36:04:02.01, and repealing 74:36:04:11); e. Revising chapter 74:36:05 (e.g. revising sections 74:36:05:01, 74:36:05:02, 74:36:05:03, 74:36:05:04, 74:36:05:04.01, 74:36:05:06 through 74:36:05:09,74:36:05:12, 74:36:05:16.01, 74:36:05:17, 74:36:05:18, 74:36:05:20.01, 74:36:05:20.03, 74:36:05:21.01, 74:36:05:28, 74:36:05:30,74:36:05:31,74:36:05:32,74:36:05:38,74:36:05:41,74:36:05:42,74:36:05:44, 74:36:05:46,74:36:05:51, and repealing section 74:36:05:03.01); f. Revising chapter 74:36:07 (e.g. revising sections 74:36:07:01 through 74:36:07:07.01, 74:36:07:09,74:36:07:10,74:36:07:12 through 74:36:07:22,74:36:07:23 through 74:36:07:28,74:36:07:31 through 74:36:07:34, 74:36:07:36,74:36:07:37,74:36:07:39 through 74:36:07:46; 74:36:07:47 through 74:36:07:76, 74:36:07:77 through 74:36:07:89, and adding sections 74:36:07:22.01, 74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90); g. Revising chapter 74:36:08 (e.g. revising sections 74:36:08:01, 74:36:08:02, 74:36:08:02.01, 74:36:08:03 through 74:36:08:102, and adding sections 74:36:08:02.02, 74:36:08:02.03, 74:36:08:02.04, and 74:36:08:103 through74:36:08:121); h. Revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 1. Revising chapter 74:36:10 (e.g. revising sections 74:36:10:02, 74:36:10:03.01, 74:36:10:05, 74:36:10:07 through 74:36:10:10) J. Revising chapter 74:36:11 (e.g. revising section 74:36: 11:01); k. Revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and 74:36:12:03); 

### l. Revising chapter 74:36:13 (e.g. revising sections 74:36:13:02,74:36:13:03,74:36:13:04, 74:36:13:06, 74:36:13:07, and 74:36: 13:08); m. Revising all ofchapter 74:36:16;

# •
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• n. Revising chapter 74:36:18 (e.g. revising section 74:36:18:10); o. Repealing chapter 74:36:19; and p. Adding chapter 74:36:20. I further certify that SDCL 1-26-4 and 1-26-6 were complied with in the adoption ofthese rules. These rules will become effective twenty days after filing with the Secretary ofState.

Subscribed and swornto before me this 

### 15 day of 

## Apr/! ,**~()/~** 

## .

# /3/!Mdw~ Notary Public - South Dakota (Seal) My Commission expires

# •
•
• IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES CERTIFICATE I, Richard C. Sweetman, hereby certify that I am a duly appointed member and the duly elected chair ofthe Board ofMinerals and Environment and that the attached instruments are full, true, and correct copies ofthe following rules adopted by the Board ofMinerals and Environment on April15, 2010: a. Revising chapter 74:36:01 (e.g. revising sections 74:36:01:01, 74:36:01:05, 74:36:01:10, 74:36:01:20, and adding section 74:36:01 :21); b. Revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 74:36:02:05); c. Revising all ofchapter 74:36:03; d. Revising chapter 74:36:04 (e.g. revising sections 74:36:04:02, 74:36:04:03, 74:36:04:03.01, 74:36:04:04, 74:36:04:06,74:36:04:07,74:36:04:09, 74:36:04:10, 74:36:04:12, 74:36:04:12.01, 74:36:04:13, 74:36:04:15 through 74:36:04:18, 74:36:04:20, 74:36:04:20.01, 74:36:04:20.04, 74:36:04:23, 74:36:04:27, 74:36:04:32, adding section 74:36:04:02.01, and repealing 74:36:04: 11); e. Revising chapter 74:36:05 (e.g. revising sections 74:36:05:01,74:36:05:02, 74:36:05:03, 74:36:05:04, 74:36:05:04.01,74:36:05:06 through 74:36:05:09,74:36:05:12, 74:36:05:16.01, 74:36:05:17, 74:36:05:18, 74:36:05:20.01, 74:36:05:20.03, 74:36:05:21.01, 74:36:05:28, 74:36:05:30,74:36:05:31,74:36:05:32,74:36:05:38,74:36:05:41,74:36:05:42,74:36:05:44, 74:36:05:46, 74:36:05:51, andrepealing section 74:36:05:03.01); 

### f. Revising chapter 74:36:07 (e.g. revising sections 74:36:07:01 through 74:36:07:07.01, 74:36:07:09, 74:36:07:10,74:36:07:12 through 74:36:07:22,74:36:07:23 through 74:36:07:28, 74:36:07:31 through 74:36:07:34, 74:36:07:36, 74:36:07:37, 74:36:07:39 through 74:36:07:46; 74:36:07:47 through 74:36:07:76, 74:36:07:77 through 74:36:07:89, and adding sections 74:36:07:22.01, 74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90); g. Revising chapter 74:36:08 (e.g. revising sections 74:36:08:01, 74:36:08:02, 74:36:08:02.01, 74:36:08:03 through 74:36:08:102, and adding sections 74:36:08:02.02,74:36:08:02.03, 74:36:08:02.04, and 74:36:08:103 through 74:36:08: 121); h. Revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 1. Revising chapter 74:36:10 (e.g. revising sections 74:36:10:02, 74:36:10:03.01, 74:36:10:05, 74:36:10:07 through 74:36:10:10) j. Revising chapter 74:36:11 (e.g. revising section 74:36:11 :01); k. Revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and 74:36:12:03); 

### 1. Revising chapter 74:36:13 (e.g. revising sections 74:36:13:02,74:36:13:03,74:36:13:04, 74:36:13:06, 74:36:13:07, and 74:36: 13:08); m. Revising all ofchapter 74:36:16;

# •
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• n. Revising chapter 74:36:18 (e.g. revising section 74:36:18:10); o. Repealing chapter 74:36:19; and p. Adding chapter 74:36:20. I further certifythat SDCL 1-26-4 and 1-26-6 were complied with inthe adoption ofthese rules. These rules will become effective twenty days after filing with the Secretary ofState.

Subscribed and sworn to before me this 

## 15 day of 

## 14pr/l ,**~0/~** .

# 6AM~~D.J~ Notary Public - South Dakota (Seal) My Commission expires



# rc
. ____ dayof

# •
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•• Chapter 74:36:01 74:36:02 74:36:03 74:36:04 74:36:05 74:36:06 74:36:07 74:36:08 74:36:09 74:36:10 74:36:11 74:36:12 74:36:13 74:36:14 74:36:15 74:36:16 74:36:17 ARTICLE 74:36 AIRPOLLUTION CONTROL PROGRAM

Definitions. Ambient air quality. Airquality episodes. Operatingpermits for minor sources. Operatingpermits for Part 70 sources. Regulated airpollutant emissions. New sourceperformance standards. National emission standards for hazardous airpollutants. Prevention ofsignificant deterioration. New sourcereview. Performancetesting. Control ofvisible emissions. Continuous 

### emission monitoring systems. Variances, Repealed. Openburning, Transferred orRepealed. Acidrainprogram. Rapid City street sanding and deicing.74:36:18 74:36:19 74:36:20

Section 74:36:01:01 74:36:01:02 74:36:01:03 74:36:01:04 74:36:01:05 74:36:01:06 74:36:01:07 74:36:01:08 74:36:01:09 74:36:01:10 74:36:01:11 74:36:01:12 Regulations for state facilities inthe Rapid City area. Mercurybudgettradingprogram, Repealed. Constructionpermits for new sources ormodifications.

CHAPTER74:36:01 DEFINITIONS

Definitions. Repealed. Administrativepermit amendment defined. Affected states defined. Applicable requirements ofthe CleanAirAct defined. Complete application defined. Repealed. Major source defined. Categories ofsources defined. Modification defined. National ambient air qualitystandard (NAAQS). Potential to emit defined. 

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2

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• 74:36:01:13 74:36:01:14 74:36:01:15 74:36:01:16 74:36:01:17 74:36:01:18 74:36:01:19 Process weightrate defined. Repealed. Regulated airpollutantdefined. Responsible official defined. Repealed. Municipal solid wastelandfill defined. Existingmunicipal solid waste landfill defined. 74:36:01:20 Physical change in or changeinthe method ofoperation defined. 74:36:01:21 Commenced construction defined. 74:36:01:01. Def"mitions. Unless otherwise specified, the terms used inthis articlemean: (1) "Act," chapter 34A-1 ofthe SouthDakota CodifiedLaws; (2) "Acidrain permit," a legallybindingwritten document orportion ofa document thatis issued by the department and specifies the acid rain program requirements applicable to an affected source and to the owners and operators and the designated representative ofthe affected source; (3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution control and emissions reductionprogram establishedinaccordance with Title IV ofthe CleanAir Act; (4) "Administrator," the administrator of the Environmental Protection Agency or the secretary ef the Departmeflt sf Etwireflffieffi ami "Natural Resewees or their authorized representatives; 3(5) "Affected source," a source that includes one or more affected units under Title IV of the CleanAirAct; (6) "Affected unit," a unit that is subject to any ofthe emission reduction requirements or emissionlimits pursuantto Title

### N ofthe CleanAirAct orchapter 74:36:16; (7) "Air pollutant," one or a combination ofthe regulated airpollutants listed in§ 74:36:0 (8) "Allowable emissions," the emission rate calculatedusingthe maximum rated capacity of a source unless the source is subject to federally enforceable limits which restrict operating rate, hours ofoperation, orboth, and themost stringent ofthe following: (a) The applicable new sourceperformance standards in chapter74:36:07; (b) The applicablenational emission standards in chapter 74:36:08; (c) Any applicable emission limitations specified in this article, including those with a future compliance date; (d) The emissionrate specified as apermit condition; or (e) The applicable standards in40 C.F.R. Part 60, 61, or 63 (July 1, 2005 July 1, 2009); (9) "Ambient air," that portion of the atmosphere external to buildings to which the general publichas access; (10) "ASTM," the American Societyfor Testing and Materials; (11) "Board," the Board ofMinerals and Environment; (12) "Btu," Britishthermal unit; (13) "CO," carbon monoxide; (14) "Chairman," chairman oftheboard; (15) "Clean Air Act," the Clean Air Act, as 

### ameRaea, 42 U.S.C. 7401 et seq., as amended through }toveml:ler 15, 1990 January l,2010;
4 

# •
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•

# •
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• (16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. 

### L. No. 101-549,November 15, 1990; (17) "Control equipment," a device whichprevents orreduces emissions; (18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead; (19) "Department," the South DakotaDepartment ofEnvironment and Natural Resources; (20) "Designated representative," the responsible person or official authorized by the owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to the unit and the submission ofand compliancewithpermits, permit applications, and complianceplans for the unit; (21) "Draft permit," the version of a permit for which the department offers public participation or affected statereview; (22) "Emissions allowable under the permit," a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit, including work practice standards, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject; (23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a single unit;

5(24) "Emissionunit," "Unit," anypart oractivityofa stationary source which emits orhas the potential to emit a regulated airpollutantregHlateElmEler oranypollutant listedunder section 112{b) ofthe aet CleanAir Act; (25) "EPA," theEnvironmentalProtectionAgency; (26) "Equivalent method," anymethod ofsampling and analysis for an airpollutant which has a consistent and quantitatively known relationship to the reference method under specified conditions; (27) "Existing source," a sourcethathas an approved state-issued variance orpermit; (28) "Facility," a building, structure, or installation ofpollutant-emitting activities which belong to the same industrial grouping, located on one or more contiguous or adjacentproperties and under the control of the same person or of persons under common control, except the activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial grouping iftheybelong to the same major group, i.e., have the sametwo-digit code, as described inthe Standard Industrial ClassificationManual, 1987; (29) "Federally enforceable," all limits and conditions that are enforceable by the administrator of EPA pursuant to federal law. These limits and conditions include those requirements developed pursuant to this article, those appearing in40 C.F.R. §§ 60 and 61 (My 1, 2005 July I, 2009), requirements within the state implementation plan, and permit requirements establishedpursuant to this article or 40 C.F.R. §51 Subpart I (July 1, 2005 July I, 2009). Theuse ofthis term does not impedethe department's authorityunder statelaw to enforce theselimits and conditions; (30) "Final permit" the version of an operating permit issued by the permitting authority for a sourcethathas completed all requiredreview procedures; 6 

# •
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• (3 I) "FiJted eapital eost," the eapital Reeded to provide all depreeiaele eompoREIRts;**~** 

### .Qll "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components used in the process ofburning fuel or other combustible material for the primary purposes ofproducingheat orpowerbyindirectheattransfer;**~** 

### (32) "Fugitive emissions," those air pollutants which could not reasonably pass through a stack, chimney, vent, orotherfunctionally equivalent opening; f341 

### .Qll "Generalpermit," apermitissuedbythe board in accordance with SDCL 34A-1- 56 that maybemade applicable to numerous similar sources;**~** 

### Q1l "Heat input," the aggregate heat content of all fuels whose products of combustion pass through a stack or stacks, using the heat input value of the equipment manufacturer's or designer's guaranteed maximuminput, whichever is greater;**~** .Qi} 

### "Incinerator," a furnace used to bum solid waste to reduce the volume of the waste byremoving its combustible material;**~** .Q§). 

### "Malfunction," any sudden and unavoidable failure of air pollution control equipment orprocess equipment or ofaprocess to operate in anormal orusual manner, but not a failure caused entirely or inpart bypoormaintenance, careless operation, preventable equipment breakdown, or any othercause withinthe control ofthe owner or operator ofthe source;**~** Ql} 

### "Minor source," a source whose potential emissions of a criteria pollutant are less than 100 tons ayear and which does not meetthe definition ofa Part 70 source; (39)**"~'kmieipal** tyj:le solidwaste," as defiRed iR 40 C.F.R. 

### § e0.5la (Jt1ly 1, 2005); (4G) QID 

### "New source," a source that has not been constructed and does not possess a permit or an approved state-issued variance;

7

## f4B Q2)_ "Nonattainment area," an area that does not meet or that contributes to ambient air quality in a nearby area that does not meet the national primary or secondary ambient air quality standard for the pollutant;**~** (40) "NSR," new sourcereview;**~** .{11} "Opacity," the degree to which emissions reduce the transmission oflight and obscurethe view ofan object inthe background; (441 (42) "Open burning," the burning ofany matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passage through a stack, duct, orchimney;**~** (43) "Operating permit," a written authorization issued by the board or the secretary for the eoRstrl:letioR or operation ofa source;**~** (44) "Owner or operator," any person who owns, leases, operates, controls, or supervtses a source; 

## f411J±il Repealed; 

### f4&1 (46) "Part 70 operating permit," any permit or group ofpermits covering a Part 70 sourcethat is issued,renewed, amended, orrevised;**~** (47) "Part70 source," any source subjectto§ 74:36:05:03;**~ ~**  "Particulate matter," a broad class of chemically and physically diverse substancesthat exist as discreteparticles,liquid droplets, or solids over a widerange ofsizes;**~** (49) "Permit modification," a revisioR change to a source which operates under a minor source operating permit or Part 70 operating permit that meets the requirements of § 74:36:01:10;

8 

# •
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• f£B (50) "Permit revision," a revision to a minor source operating permit or Part 70 operating permit to incorporate a permit modification, administrative permit amendment, or minorpermit amendment;**~!ill** 

### "Person," an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or state agency or any legal successor, representative, agent, or agency ofthe foregoing;**~ ~**  

### "PMlO," particulate matter with an aerodynamic diameter less than or equal to a nominal tenmicrometers as measuredbyan applicable reference or equivalentmethod;**~** .Gl} 

### "Proposed Part 70 operating permit," a permit that the department has forwarded to EPA for review after the closure ofthe public notice period and after considering any public comments, including those from affected states;**~(54)** 

### "PSD," prevention ofsignificant deterioration;**~Gil** 

### Repealed;**~** 

## 00 "Salvage operation," an operation conducted in whole or in part for the reclaiming ofproduct ormaterial;**~ill.}** 

### "Secretary," the secretary ofthe South Dakota Department ofEnvironment and Natural Resources oran authorized representative; t6Qj _GID 

### "Shutdown," the cessation of operation of any control equipment, process equipment, orprocess for anypurposes; (6-4 0.2} 

### "Smoke," small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ash, and other combustible material, that form avisibleplume in the air;

9**~** (60) "Source," a facility that emits or may emit any air pollutant regulated under the Clean AirAct;**~** .(Q.ll "Start-up," the setting into operation of any control equipment, process equipment, orprocess for anypurpose; 

## fM1 (62) "Title I," Title I ofthe CleanAirActAmendments, provisions for attainment and maintenance ofnational ambient air quality standards; (65) "Title II," Title II ofthe CleaR Air Aet :AffieRdments, provisioHs relatiHg to mobile SOHFSes; (66) "Title III," Title III ofthe CleaR Airi\etAmeHdmeRts, hazarcloHs airpolh;tants;**~** .(Qll "Title IV," TitleIV ofthe CleanAirActAmendments, acid deposition control;**~** (64) "TitleV," TitleV ofthe CleanAirActAmendments,permits; f69j .(@ "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone protection; (70) "Title VII," Title VII of the CleaH Air Aet AmendmeHts, pro:visioHs relatiHg to eRfore6HieHt; (71) "Title VIII," Title VIII ofthe CleanAirAetAmenameHts, miseellaHeoHs provisioHs; (72) "Title IX," Title IX ofthe CleaR AirAet f.meRdmeHts, eleaH air researeh; (73) "Title X," Title X of the CleaH Air Aet AmeHdmeHts, aisaavaHtagea BHSiHess eoHeems; (74) "Title XI," Title XI of the CleaH Air Aet AmendmeHts, elean air 6H1ploytE:eHt transitioH assistaHee; (75) "UHit" or "emissioH mit," any portable Of stationary eEJ:Hipment Of aetivity that emits Ofhas the potential to emit apollHtaHt regHlatea tmaerthe Aet; 10 

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• f+61 (66) "Variance," a written authorization issuedbythe board to operate a minor source in an attainment areathat is notin compliance with certainportions ofthe Act; fR1 (67) "VOC," "volatile organic compounds," any OOHiflOHRG of eaT13oe wfiieh partieipates ie atfflospherie photoehem:ieal reaetioes,**ellelt~dieg** eaT13oe moeo*iae, eaT13oe aimliae, 6aT13oeie aeia, metallie eaT13iaes Of 6aT13oeates, ana ammoeitlm OaT13oeate aRG**0*6lt~aieg** the follmvieg, whlehha-ve 13eee aetermieea to hif're eegligillle photoehem:ieal reaetivity: aeetoee; methane; ethaee; methyleee ehloriae (aiehloromethaee); I,I,I triehloroethaee (methyl ehloroform); I,I,2 triehloro I,2,2**triflt~oroethaee** (CFC 113);**triehloroflt~oromethane** (CFC I1);**aiehloroaiflt~oromethaee** (CFC 12);**ehloroaiflt~oromethane** (HCFC 22);**triflt~oromethaee** (HFC 23) I,2 aiehloro I,I,2,2**tetraflt~oroethaee** (CFC 114);**ehloropeataflt~oroethaee** (CFC 115) 1,I,I**triflt~oro** 2,2 aiehloroethaee (HCFC I23); I,1,I,2**tetraflt~oroethane** (HFC 134a); 1,1 Giehloro I**flt~oroethane** (HCFC 14I13) I ehloro 1,I**Giflt~oroethaee** (HCFC 14213); 2 ehloro I,I,I,2**tetraflt~oroethane** (HCFC 124);**peataflt~oroethaee** (HFC 125); 1,1,2,2**tetraflt~oroethaee** (HFC 134); I,1,I**triflt~oroethaee** (HFC I43a); I,1**aiflt~oroethane** (HFC 152a); 1,I,1,2,3,4,4,5,5,5**aeeaflt~oropeatane** (HFC 43 IOmee); 3,3 aiehloro I,I,I,2,2**peetaflt~oropropaee** (HCFC 225ea); I,3 aiehloro I,1,2,2,3**peataflt~oropropaee** (HCFC 225ea);**paraehloro13em:otriflt~oriae** (PCBTF); eyelie, 13raeehea, or lieear 60Hif1letely methylated silmlaees; perehloroethyleee (tetraehloroethyleee); aifi:Horomethane (HFC 32);**eth-ylflt~oriae** (HFC l€i1); 1,I,I,3,3,3**hellaflt~oropropane** (HFC 23efa); 1,1,2,2,3**peataflt~oropropane** (HFC 245ea); 1,1,2,3,3**peataflt~oropropane** (HFC 245ea); 1,I,1,2,3**peetaflt~oropropane** (HFC 245ee); 1,1,I,3,3**peetaflt~oroprop!me** (HFC 245:fa); I, I,I,2,3,3**hellaflt~oroprop!me** (HFC 23eea); I,1,I,3,3,**poataflt~oro13t~tane** (HFC 395mfu); ehlorofll:loromethaee (HCFC 31); 1 ehloro 1**flt~oroethaee** (HCFC I51a); 1,2 aiehloro I,1,2**triflt~oroethaee** (HCFC I23a); I,I,I,2,2,3,3,4,4**eoeaflt~oro** 4 11methm<y al:ltaae

# (C¢~ er HFB 7100); 2 (aifluoromethm<)'ffiethyl) 1,1,1,2,3,3,3 • heptafluorOJ9fOJ9aH:e ((CF**,.~CFCFJGGfh);** 1 ethmcy 1,1,2,2,3,3,4,4,4 llOE:afluorobl:ltaH:e**fG¢ ~~**  or HFE 7200); 2 (ethm<ydifluoromethyl) 1,1,1,2,3,3,3 heptafluorOJ9FOJ9ane**ftGF,.~~GC~~);** methyl aeetate; 1,1,1,2,2,3,3 heptafluoro 3 methm<y J9FOJ9aE:e (E: G,.F1QGfh, HFB 7000); 3 ethoxy 1,1,1,2,3,4,4,5,5,6,6,6 aoaeeafluoro 2 (trifluoromefu.y-1) heJ<aae (HFB 7500); 1,1,1,2,3,3,3 h6j9tafluoroJ9FOJ9aH:6 (HFC227ea); mefu.y-1 formate (HCOOCH;); anaJ9erfluoroearboE: eomJ90UE:as whieh fall iE:to these elassos: (a) Cyslie,araH:ehea, OfliE:ear 60ffij9letoly fluoriE:atoa alkaH:es; (b) Cyelie, bffiflehea, orliaear eoffij9letelyfluoriE:atea ethers vlith E:o UE:saturatioE:s; (e) Cyslie, braaehea, or liaear eoffij9letely fluoriE:atea tertiary amiE:es with E:O UE:saturatioE:s; ana (d) Sulfur eoE:ta-iHiE:g j96ffluoroearaoHS with ll:O UE:saturatiOE:S aaa vlith sulfur boE:as ofllyto earboE: aH:a fluoriao; as defined in40 C.F.R. § 51.100(s) (July l, 2009);**~** @ "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer to salvage nonferrous metals throughthe thermal destruction ofsolid waste materials; 

### f791 (69) "PM2.5," particulatematter with an aerodynamic diameter less than or equal to a nominal2.5 micrometers as measuredbyan applicable reference or equivalentmethod;**~** (70) "802," sulfur dioxide; aJ:ld f&BJ11l"N02," nitrogen**dioxide~** and (72) "Construction permit," a written authorization issuedbythe board orthe secretaryfor the construction and operation ofanew source ormodificationto an existing source.

12 

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• Source: 

### SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July I, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §74:26:01:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 2, 2005; 32 SDR 209, effective June 13,2006. General Authority: 

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

### SDCL 34A-l-6. Reference: 

### Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies maybe obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87- 100012. Cost: $31. 74:36:01:05. Applicable requirements of the Clean Air Act defmed. 

### Applicable requirements ofthe Clean Air Act include all ofthe following as they apply to emissions units in a Part 70 source, unless the context ofthe Clean AirActrequires otherwise: (1) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I ofthe Clean Air Act that 13

### implements the relevant requirements ofthe Clean Air Act, including any revisions to that plan • promulgatedinPart 52 of40 C.F.R. 

### (Ja-ly 1, 2005 July 1, 2009); (2) Any term or condition of any preconstruction permits issued pursuant to regulations approved throughrulemakingunder TitleI, including Parts C or D, ofthe Clean AirAct; (3) Any standard or other requirement under § 111 of the Clean Air Act, including §111(d); (4) Any standard or other requirement under § 112 ofthe Clean Air Act, including any requirement concerning accidentpreventionunder§ 112(r)(7) ofthe Clean AirAct; (5) Any standard or otherrequirement ofthe acid rainprogramunder Title IV ofthe Clean AirAct orthe regulations promulgatedunderit; (6) Any monitoring, reporting, and certification requirements established pursuant to § 504(b) or 114(a)(3) ofthe Clean AirAct; (7) Any standard or other requirement governing solid waste incineration, under§ 129 of the CleanAirAct; (8) Any standard or other requirement for consumer and commercial products, under § 183(e) ofthe Clean AirAct; (9) Any standard or other requirement for tank vessels, under § 183(f) ofthe Clean Air Act; (10) Any standard or other requirement ofthe program to control air pollution from outer continental shelfsources, under § 328 ofthe CleanAir Act; (11) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI ofthe Clean Air Act, unless the administrator ofthe EPA has determined that such requirements need notbe contained in a Part 70 operatingpermit; and 14 

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• (12) Anynational ambient air quality standard orincrement or visibilityrequirementunder Part C ofTitle I ofthe Clean Air Act, but only as it would apply to temporary sources permitted pursuant to § 504(e) ofthe CleanAirAct. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:10. Modification defmed. Modification is a physical change in or change inthe method ofoperation ofa source that results in atleast one ofthe following: (1) An increase inthe amount ofan air pollutant emitted bythat source orinthe emission ofan air pollutantnotpreviously emitted; (2) A significant change to existing monitoring, reporting, or recordkeeping requirements inthe permit; (3) The change requires or changes a case-by-case determination ofan emission limit or other standard, a source-specific determination for temporary sources ofambient impacts, or a visibilityorincrement analysis; or (4) The change seeks to establish or change apermitterm or condition for which there is a corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable emissions cap assumed to avoid classification as 15a modificationunder anyprovisionofTitle I, or an alternative emissions limitapprovedpursuant • to regulationspromulgatedunder§ 112(i)(5) ofthe CleanAirAct. 

### Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:02, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:02, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005. 

### General Authority: SDCL 34A-1-6. 

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

### 74:36:01:20. Physical change in or change in 

### the method of operation defmed. A physical changein ora changeinthemethod ofoperationdoes notincludethefollowing: (1) Routinemaintenance, repair, andreplacement; (2) Use ofan alternative fuel or raw material because ofan order under§§ 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on January 1, 1993, orbecause ofa natural gas curtailment planpursuant to the Federal Power Act as in effect onJanuary 1, 1993; (3) Use ofan alternative fuel because ofan orderorrule under§ 125 oftheCleanAirAct; (4) Use at a steam generating unit ofan alternative fuel that is generated from municipal solidwaste; 16 

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• (5) An increase in the hours ofoperation 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 l, 2005 July l, 2009), or under regulations approved pursuantto 40 C.F.R. Part 51, Subpart I, or40 C.F.R. § 51.166 (July 1, 2005 July 1, 2009); (6) Any change ofownership at a source; (7) Theuse ofan alternative fuel orraw materialbya sourcewhichthe sourcewas 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, 2005 July 1, 2009), orunderregulations approved pursuantto 40 C.F.R. Part 51, Subpart I, or40 C.F.R. 

### § 51.166 (July l, 2005 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, 20Q5 July 1, 2009) or under regulations approved pursuantto 40 C.F.R. § 51.165 (July 1, 2005 July 1, 2009). Source: 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:21. Commenced construction defined. Commenced construction means the owneroroperatorhas all necessarv construction approvals or permits andhas: (1) Begun, or caused to begin, a continuous program ofactual on-site construction ofthe new source ormodificationto the existing source; or 17(2) Entered into a binding agreement or contractual obligation, which cannotbe cancelled • or modified without substantial loss to the owner or operator, to undertake a program ofactual construction ofthe source. Source: General Authority: SDCL34A-1-6. Law Implemented: SDCL 34A-1-6.

Section 74:36:02:01 74:36:02:02 74:36:02:03 74:36:02:04 74:36:02:05 CHAPTER74:36:02 AMBIENT AIR QUALITY

Airquality goals. Ambient air quality standards. Methods ofsampling and analysis. Airqualitymonitoring network. Ambient airmonitoringrequirements.

74:36:02:02. Ambient air quality standards. The ambient air quality standards listed in 40 C.F.R. §§ 50.1 to 50.5, inclusive, 

### (JHI.y 1, 2005 July 1, 2009); 40 C.F.R. § 50.6 

### (J1:1ly 1, 2005 18 

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•• July l, 2009); 40 C.P.R. § 50.7(a)(l), (b), and (c) (July 1, 2005 July I, 2009); 40 C.P.R. § 50.8 and 40 C.P.R. §§ 50.10 to 50.12, inclusive, (Jaly 1, 2005 July I, 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 ofairpollutants. 

# •
• Source: SL 1975, ch 16, § I; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:02, 7 SDR4, effectiveJuly27, 1980; transferred from§ 44:10:02:02, effective July I, 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 April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January2, 2005; 32 SDR209, effectiveJune 13, 2006. 

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

### Law Implemented: SDCL 34A-l-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, 2005 July I, 2009) shall be measured by the reference method or methods stated in 40 C.P.R. Part 50, Appendix A to Appendix N, inclusive, (Jaly 1, 2005 July I, 2009) or an equivalentmethod designated inaccordance with40 C.P.R. Part 53 (Jaly 1, 2005 July I,2009).

19Source: 

### SL I975, ch I6, §I; 2 SDR 40, effective December 7, I975; transferred from • §

### 34:I0:02:II,7 SDR 4, effective July27, I980; transferred from§ 44:I0:02:09, effective July I, I98I; 13 SDR I29, I3 SDR I4I, effective July I, I987; transferred from§ 74:26:02:09, I9 SDR I57, effective April 22, I993; 2I SDR II9, effective January 5, 

### I995; 25 

### SDR I23, effective April4, I999; 26 SDR I68, effective June 27, 2000; 3I SDR IOI, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. GeneralAuthority: 

### SDCL 34A-I-6, 34A-I-I5. Law Implemented: 

### SDCL 34A-I-I5. 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 qualitymonitoring network as required by40 C.P.R. §

### 58.20 (.fuly 

### 1, 2005 July 

### I.2009). Source: 

### I9 SDR I57, effective April22, I993; 2I SDR II9, effective January 5, 

### I995; 25 

### SDR I23, effective April4, I999; 26 SDR 168, effective June 27, 2000; 3I SDR IOI, effective January2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: 

### SDCL 34A-I-6, 34A-I-I5. Law Implemented: 

### SDCL 34A-I-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.F.R. Part 58 (Jaly 1, 2005

20 

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•• July 1, 2009). Records ofmonitoring activities and results shall be retained for a minimum of three years. 

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• Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January2, 2005; 32 SDR209, effective June 13, 2006. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15. CHAPTER74:36:03 AIR QUALITYEPISODES

Section 74:36:03:01 Airpollution emergencyepisode. 74:36:03:02 Episode emergencycontingencyplan.

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.F.R. § 51.151 and Appendix L to Part 51 (July 1, 2005 July 1, 2009), if the accumulation of air

21pollutants in anyplace is attaining orhas attained levels which could, ifsuch levels are sustained • or exceeded, leadto a substantial threat to thehealth ofthe public. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:22, 7 SDR 4, effectiveJuly27, 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 January2, 2005; 32 SDR 209, effectiveJune 13, 2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-15. LawImplemented: 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, 2005 July 1, 2009). The department shall reevaluate the contingency plan in accordance withtherequirements in40 C.F.R. § 51.153 (July 1, 2005 July 1, 2009). Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effectiveJanuary2, 2005; 32 SDR 209, effectiveJune 13,2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-15. LawImplemented: SDCL 34A-1-15. CHAPTER74:36:04

22 

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• 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 OPERATING PERMITS FORMINOR SOURCES

Applicability. PemlitMinor source operatingpermitrequired. Minor source operatingpermitexemption. Operatingpermit Emissionunit exemptions. Minor source operatingpermitvariance. Standard for issuance ofoperatingpermit. Timeperiod for operatingpermits and renewals. Timelyand complete application for operatingpermitrequired. Required contents ofcomplete application for operatingpermit. Applicantrequired to supplement orcorrect application. Permitapplication-- Completenessreview. Timeperiod for department's recommendation. Department's reeommenaation on operatingpermit. Repealed. Publicparticipationinpermittingprocess. Publicreview ofdepartment's draftpermit. Final permit decision-- Noticeto interestedpersons. Right to petition for contested casehearing. Contents ofoperatingpermit. Operatingpermit expiration. 2374:36:04:17 Renewal ofoperatingpermit. 74:36:04:18 Operatingpermitrevision. 74:36:04:19 Administrativepermit amendment. 74:36:04:20 Procedures for administrativepermit amendments. 74:36:04:20.01 Minorpermit amendmentrequired. 74:36:04:20.02 Requirements for minorpermit amendment. 74:36:04:20.03 Applicationfor minorpermit amendment. 74:36:04:20.04 Department deadline to approve minorpermit amendment. 74:36:04:21 Permitmodifications. 74:36:04:22 Source status change-- Newpermitrequired. 74:36:04:23 Reopening operatingpermitfor cause. 74:36:04:24 Procedures to reopen operatingpermit. 74:36:04:25 and 74:36:04:26 Repealed. 74:36:04:27 revocation. 74:36:04:28 74:36:04:29 74:36:04:30 74:36:04:31 74:36:04:32 74:36:04:33 Operating permit termination, meEhfieatien revision, and Notice ofoperating noncompliance-- Contents. Petitionfor contested case on alleged violation. Repealed. Circumvention ofemissions not allowed. General permits. Secretarymayrequire an individual permit.

24 

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• 74:36:04:02. PeFIHit Minor source operating permit required. A person may not eeHstruet, iHstall, medify, er operate any source or unit likely to cause the emission of air pollutants into the ambient air or any equipment 

### whi:eh that prevents or controls the emission of air pollutants into the ambient air until the applieable preeeHstruetieH a construction permit or minor source operatingpermithas beenissuedbytheboardorthe 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 April 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:02.01. Minor source operating permit exemption. The following sources are exemptfrom obtaining a minor source operatingpermit: (1) A source that has the potential to emit 25 tons orless peryear ofany criteriapollutant, except lead, beforethe application ofcontrol equipment; and (2) Any other source constructed for domestic purposes and not intended for use by an industry, manufacturer, orbusiness. Source: General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 25

### 74:36:04:03. OperatiBg permit Emission unit exemptions. The following 

### se'tlfees er emissionunits are exempt from 

### ebtaining inclusion in a minor source operatingpermitunless the source has requested federally enforceable permit conditions related to the emission unit to avoid needing a Part 70 operating permit, 

### er a pnwentien ef signifieant aeterieratien PSD preconstructionpermit. orNSRpreconstruction permit: (1) f, 

### faeility eperating an 

### ineinerater er One ormore incinerators ofless than 100 pounds perhour combinedburning capacitythat combustmunicipal orhousehold waste; (2) A mobile internal combustion engine, including those in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipmentused exclusivelyfor chemical orphysical analysis; 

### (4) Alffi-it fueled bynat'W'al gas that is 1:1sed**~•el1:1sively** 

### fur spaee heating; 

## W.{±}A unit that has a heat input capability ofnot more than 3,500,000 Btus per hour, except for units fueled with wood orcoal; f61 

## ill An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs. orpavingparking lots; and 

### (7) An emergeneyeleetrieal generaterpmverea bypetrel61:lfB preSl:lets; (g) A faeility that has the petential te emit 25

### tens erless per year efany 

### eriteriapelllftant, eJteept leas,beferethe applieatien efeentrel eEJ:l:lipment; (9) A 1:1nit fueled bywaste eil meetingthereEj:l:lirements ef§

### 74:2g:27:01;

26 

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• fWt--(1} 

### A unit that has the potential to emit two tons or less per year of any criteria pollutant before the application ofcontrol equipment. However, the criteria pollutant emissions from theunitmustbeincluded in determining if

### whether the source is aminor**sourc~** (11) An:y other soaree eoastrneteEl for Elomestie )3\:lFflOSes aFla Rot iRtORaeEl for ase by an iaElastry, maaafaetarer, orbasiaess. 

### A soaree orAn

### emission unitthat is exempt from permittingl:lfl:aer saeaivisioas 

### (1) to

## fWh iaelasi're, 

### must still meet thevisible emissionrestriction 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 SDR4, effectiveJuly27, 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 April 4, 1999; 31 SDR 101, effectiveJanuary 2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: 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 mayrequest a variance from applicable emission standards. The variance will allov; 27allows the minor source to operate in noncompliance with applicable emission standards. A • minor source is eligible for a variance ifit 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 maynot receive a variance ifthe source obtained a minor source operating permit by accepting federally enforceablepermit conditions to prevent the source from needing a Part70 operatingpermit. The owner or operator desiring to obtain a variance must submit an application. The application must include the same provisions required by§ 74:36:04:07, the requirements and a compliance plan for which a variance is requested, and the facts relevant to establishing the burden ofproofrequiredunder SDCL 34A-1-27. The complianceplan must outlinethe steps that will betaken to comeinto compliance andthe completion date for each step. The board shall hold a hearing on the department's recommendation on a request for a variance. Anyperson affected bythe recommendation or anyperson interested intestifying 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 mayeithef amend and approve, deny, oradopt the department's recommendation.

2005. Source: 23 SDR 106, effective December 29, 1996; 31 SDR 101, effective January 2, GeneralAuthority: SDCL 34A-l-6, 34A-1-19, 34A-1-24. Law Implemented: SDCL 34A-1-12, 34A-1-19, 34A-1-24.

28 

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•
• Cross-Reference: Operatingpermits for Part 70 sources, ch74:36:05. Note: The procedural requirements for obtaining a variance are similar to the procedural requirements for obtaining a minor source operating permit, such as a timely and complete application, completeness review, statement of basis, public participation, and department recommendation, as 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 Hew source orpermit meffifieatien revision maybe issued only ifithasbeen shown that the operation ofthe Hew source orpermit meaifieatienrevision 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. § 5I.100 (Jwy 1, 2005 July I, 2009). Each Hew source, 6*isting seuree,

# ana permit meeifieatien must complywith emission limits and otherrequirements ofthe act and the Clean Air Act. The minor source operating permit must include reasonable conditions, including adherence to plans and specifications, to assure compliance with the act, the CleanAirAct, and anyotherconditionsjustifiedunderSDCL 34A-1-19. Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; transferred from§ 44:10:01:I2, effective July I, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May21, 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 29May 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. 

### GeneralAuthority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. 

### Law Implemented: SDCL 34A-1-19, 34A-1-21. 

### 74:36:04:06. Timely and complete application for operating permit required. A person who owns or operates a source required to have aa a minor source operatingpermit shall submit a timely and complete application. An application is timely ifit meets the time limits specifiedinthis section. An applicationis complete ifitmeetsthe requirements in§ 74:36:04:07. A minor source applying for aninitial operatingpermit shall submit a complete application to the department at least 12Q days, 

### •;vffieh iB:eklaes the 3Q day puelie B:otiee period, l:1efore the estimated Elate ef eommeB:eiB:g eoB:strnetieB: efthe sel:lfee er eperatieB: of a eeB:strnetea seuree 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 commencingoperationofthe emissionunit(s) involved with the modification. A minor source applying for renewal of a an operating permit shall submit a complete application 90 days before the date ofpermit expiration. If an existing source submits a timely and complete application for renewal ofan operating permit within this time limit, the source's existingpermit does not expireuntil the renewal permithas beenissued or denied. Theterms and

30 

# •
•
•• conditions ofthe existing permit remain in effect until the renewal permit has been issued or denied. 

# •
• Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January2, 2005. 

### 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 § 74:36:20 before commencing construction ofthe source orpermitmodification. 

### 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 submit includethe following informationto beconsidered a complete application: (1) General company information, including the company name and address or the plant name and address ifdifferent from the companyname, the owner's name and agent, and theplant site manager orcontact; (2) A description oftheplant and itsprocesses and products; (3) The following information on emissions: (a) Identification and description ofall emissionpeffits units; (b) Fuels, fuel use, afl:d rawmaterials, 

### :ased and productionrates; (c) Identification and description ofairpollutioncontrol equipment; 31(d) Limitations on source operation affecting emissions or any work practice standards, • where applicable, for all regulated airpollutants; (e) Other information required by any applicable requirements, including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height, diameter, and plume temperature, for all pollutants regulated at the source; (4) A copyofanypreparedplans and the specifications ofany equipment orother facilities which may affect the source, includingpollution control devices; (5) An abatement strategiesplan, ifrequired bychapter 74:36:03; (6) A signed and notarized certification ofapplicant form; (7) Theresults ofany air dispersion modelingrequired bythe department; (8) Theresults ofany stackperformancetestingrequiredby thedepartment; (9) Any other information requested by the department which is relevant to determining compliance withthe act orthe CleanAir Act. The application must be signed bytheresponsible official or designated representative. An application for therenewal ofan operatingpermitmayreferto a previously submitted application ifthere are no operational changes. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:04.01, 34:10:01:06, 7 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

32 

# •
•

### • SDR 141, 

### effectiveJuly 1, 1987; transferred from§ 74:26:01:09, 19 SDR 157, effective Apri122, 1993. 

# •
• General Authority: 

### SDCL 34A-1-6, 34A-l-21. Law Implemented: 

### SDCL 34A-l-12, 34A-1-21. 74:36:04:09. Permit application -- Completeness review. 

### The department shall conduct a completeness review ofeachpermit applicationreceived, as follows: (1) Within 30 days after submission of an application for an initial operating permit, .!! 

### permitmodification, or a renewal ofan operatingpermit for a minor source, the department shall notify the applicant in writing whether or not the application is complete or incomplete. Ifthe department does not notify the applicant that the application is incomplete within 30 days after receipt ofthe application, the application is considered complete. The department may at any time during the processing ofthe applicationrequest, in writing, additional informationnecessary to evaluate or take final action onthe application; (2) Ifthe application is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to review 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 bythe department; and (3) The department shall determine the adequacy of the applicant's response to each incomplete item within 15 days after receipt of the response and shall notify the applicant in writing ifthe application is oris not complete.

33Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 • SDR 123, effective April4, 1999. General Authority: 

### SDCL 34A-l-6, 34A-l-21. Law Implemented: 

### SDCL 34A-l-21. 74:36:04:10. Time period for department's recommendation. 

### The department shall recommend issuance or denial ofan operating permit, a permit modification, or arenewal for an operatingpermit for aminor source within 90 days after the submission ofa eompleted 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 ofthe application without waiting for a department recommendation. The petition must conform to the requirements ofarticle 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, effectiveApril22, 1993. GeneralAuthority: 

### SDCL 34A-l-6, 34A-l-21. Law Implemented: 

### SDCL 34A-l-21.

34 

# •
•

# •
•
• 74:36:04:11. Department's recommendation on operating permit. The def3artH'leflt, after review ofa eoffif!lete atJplieatioB fer aB operatiagpermit or areBewal ofan operatiagpermit fer a miaor SOI:H'6e shall re60HlHl:eRa to the board that the permit ee issaea or aemea. The reeofllHl:eaaatioa to issae a permit shall iaelaae a draft permit with appropriate eoBaitioBs to assi:H'e eoffif!liaaee withthe aet. 

### 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 April 22, 1993; 25 SDR 123, effective April4, 1999. GeneralAu.therity: SDCL 34A 1 9, 34A 1 21. LawI:!Hf3lemeated: SDCL 34A I 2I, 34A 1 29, 34A I 30. 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 ofthe draft permit once in a legal newspaper in the county where the source is located. The notice must include a briefstatement describing the faeility 

### 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 orcontest the draftpermit within 30 days after the publication ofthe notice; describe the procedures aperson must follow to contestthe draftpermit and request a hearing in accordance with article 74:09; and a statement describing where copies 35

### ofthe draft permit or other information may be obtained. The department shall provide to the • interested parties a 30-daynotice ofany 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, effectiveApril22, 1993; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-l-6, 34A-1-21. LawImplemented: SDCL 1-26-27, 34A-l-21, 34A-l-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 departmeftt's 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 applicablerequirements ofthis article or therequirements ofthe Clean Air Act. Source: 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-l-21. LawImplemented: SDCL 34A-l-21

36 

# •
•

# •
•
• 74:36:04:13. Final permit decision -- Notice to interested persons. The department shall make its final permit decision within 30 days ofthe end ofthe public comment period on a draft permit. The department shall notify, in writing, the applicant and eachpersonthat submitted written comments or requested notice of the final permit decision. The notice shall include reference to the procedures for contesting the final permit decision and requesting a hearing in accordance with article 74:09. For the purpose ofthis section, the final permit decision means proposing aRew, modified, orreRewed permit, denying a permit, or terminating apermit. The proposed Rew, modified, or reRewed final permit will be issued within 30 days of notifying the applicant and each person that submitted written comments or requested notification ofthe final permit decision exceptunderthe following conditions: (1) A later effective date is specified inthe 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 Rew, modified, or reRewed final permit is issued at the end ofthe public noticeperiod. Source: SL 

### 1975, ch 16, § 

### 1; 2 SDR 

### 40, effective December 7, 1975; transferred from §§ 

### 34:10:01:02, 34:10:01:22.04, 7 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. 37General Authority: SDCL 34A-1-6, 34A-l-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 or a reHewal of ffil operatiagpermitfor a minor source shall includethe following: (1) The signature ofeitherthe secretaryorthechairman; (2) The name ofthe person, company, political subdivision, agency, or institution granted a permit; (3) The type ofoperation; (4) The

### plal'lt facility and mailing address; (5) The datethe operatingpermitwas granted and onwhichitwill expire; (6) A number for administrativereference; (7) Thename ofa designatedpersonorofficerresponsible for the source's operation; (8) A statement granting an operating permitbythe board or secretary and any conditions thattheboard or secretarymayimpose to ensure compliancewiththe act andtheCleanAirAct; (9) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements ofthe act and the CleanAirAct; (10) Monitoring and relatedrecordkeeping and reportingrequirements; (11) A severability clause to ensure the continued validity of the various permit requirements ifanyportions ofthepermit are challenged; and (12) Provisions statingthefollowing:

38 

# •
•
•

# •
•
• (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, permittermination, revocation and reissuance, or moElifieation permit revision, or fof denial of a permit renewal application; (b) The operating permit maybe modified revised, revoked and reissued, reopened, or terminated for cause; (c) The operating permit does not convey any property rights of any sort or any exclusiveprivilege; and (d) Thepermittee shall provide anyinformation, including records, requested inwriting by the department to determine ifwhether cause exists for modifying revising, revoking and reissuing, reopening, orterminatingthepermit orto determine compliance. Source: 2 SDR40, 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. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: 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 hasbeen submittedto the department.

39Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. LawImplemented: 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 operatingpermit issuance. Source: 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:18. Operating permit revision. An operating permit for a minor source maybe revised at any time by the !iflfJlieaflt's submittal of a aotiee afld an application. The 

### Rffiise application must specify if whether the requested revision is an administrative permit amendment, minor permit amendment, or £! permit modification with supporting documentation. The application 

### 6halt must contain the necessary information required for an administrative permit amendment, minorpermitamendment, orpermitmodification. Source: 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21.

40 

# •
•
•

# •
•
• 74:36:04:20. Procedures for administrative permit amendments. The faeility source may implement a proposed revision that is considered an administrative permit amendment immediately upon notifying the department. The department shall determine if 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 an opeFating**~** permit modification. 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-l-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 bythe 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 underTitle I ofthe CleanAirAct. Source: 21 SDR 119, effectiveJanuary 5, 1995; 25 SDR 123, effectiveApril4, 1999. GeneralAuthority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.

41

### 74:36:04:20.04. Department deadline to approve minor permit amendment. The • department shall take the following final action on a proposed minor permit amendment within 90 days afterreceipt ofa complete application for the amendment: (1) Issue theminorpermit amendment as proposed; (2) Denytheminorpermit amendment application; or (3) Determine that the requested minorpermit amendment shouldbeprocessed as apermit modification. The faei.lity source may implement a proposed revision that is considered a minor permit amendment seven days after E:otifying the G6JlartffieE:t submitting a complete application. The secretary shall issueminor permit amendments withouttheproceduralrequirements applicableto • obtaining at> operatiE:g i!permitmodification. 

### Source: 21 SDR 119, effectiveJanuary 5, 1995; 25 SDR 123, effective April4, 1999. 

### General Authority: SDCL 34A-l-6, 34A-l-21. 

### Law Implemented: SDCL 34A-1-21. 

### 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 ofthe operatingpermit orthe department determines that the operatingpermitmustberevised to 

### assm=e ensure compliance with the applicable requirements ofthis article and the Clean Air Act. 

# •

42

# •
•
• Source: 19 SDR 157, effective April22, 1993. 

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

### Law Implemented: SDCL 34A-1-21. 

### 74:36:04:27. Operating permit termination, meEiifieatiaB 

### revision, and revocation. The board, upon recommendation by the secretary, may terminate, modifY revise, or revoke an operating permit for a violation ofthis article or nonpayment of any outstanding enforcement penalty. 

### Source: 19 SDR 157, effective April22, 1993. 

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

### Law Implemented: SDCL 34A-1-21. 

### 74:36:04:32. General permits. The secretary may issue a general permit to a category of airpollution sources thatmeets the following: (1) Involve the same or substantially similartypes ofoperations; (2) Require the same or similartype ofair emissionlimits; and (3) Require the same or similarrecordkeeping 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 43

### constructed or operate until they are granted coverage under the general permit, or until they obtainanindividual permitifrequiredbythe secretary. Source: 

### 30 SDR 26, effective September 1, 2003. GeneralAuthority: 

### SDCL 34A-l-21. LawImplemented: 

### SDCL 34A-l-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 outlinedin§§ 74:36:04:06 to 74:36:04:14, inclusive.

Section 74:36:05:01 74:36:05:02 74:36:05:03 CHAPTER74:36:05 OPERATINGPERMITS FORPART 70 SOURCES



### Applicability. PermitPart70 operatingpermitrequired. Sources required to obtain aPart 70 operatingpermit. 44 

# •
•
•

# •
•
• 74:36:05:03.01 P8D orN8RpreeoHstntetion permitrequired. Repealed. 74:36:05:04 Sources exempt from obtaininga Part 70 operatingpermit. 74:36:05:04.01 Insignificant activities. 74:36:05:05 Transferred. 74:36:05:06 Standard for issuance ofa Part 70 operatingpermit. 74:36:05:06.01 Fees required for operatingpermit. 74:36:05:07 Timeperiod for operatingpermits and renewals. 74:36:05:08 Timely and complete application for operatingpermitrequired. 74:36:05:09 Complete application. 74:36:05:10 and 74:36:05:11 Transferred. 74:36:05:12 Required contents ofcomplete application. 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 Applicantrequired to supplement or correct application. Repealed. Deadline for final action onpermit application. Statement ofbasis for recommended permitconditions. Operatingpermitrequirements. Publicparticipationinpermittingprocess. Public and affected statereview ofdraftpermit. Transferred. Repealed. Final permit decision-- Notice to interested persons. Petitions for contested case hearing. EPA review ofPart 70 operatingpermit. 45

### 74:36:05:21 EPA objectionto issuance ofoperating permit. 74:36:05:21.01 Departmentresponse to EPA objection. 74:36:05:22 Department failure to meetEPA objection deadline. 74:36:05:23 Publicpetitionto EPA on the final permit. 74:36:05:24 Repealed. 74:36:05:25 to 74:36:05:27 Transferred. 74:36:05:28 Permit expiration. 74:36:05:29 Permitrenewal. 74:36:05:30 Permit flexibility. 74:36:05:31 Permit amendment-- Applicationrequired. 74:36:05:32 Administrativepermit amendmentrequired. 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 74:36:05:41 74:36:05:42 74:36:05:43 74:36:05:44 Procedure for administrativepermit amendments. Minorpermit amendment required. Requirements for minorpermitamendments. Application for minorpermit amendment. NotificationofEPA and affected states required. Department deadline to approveminorpermit amendment. Permitmodifications. Reopening operatingpermit for cause. Procedures to reopenpermit. Reopeningpermit for causebyEPA. EPAreview ofproposed determination. Department failure to submitproposed determination. 

# •
•
•
46

# •
•
• Repealed. 74:36:05:45 74:36:05:46 Permit termination, modification, revocation, and reissuance by 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 department. Notice ofoperatingnoncompliance-- Contents. Circumvention ofemissions not allowed. Petition for contested case on alleged violation. Repealed. Federal enforceabilityofpermit conditions. General permits. Secretarymayrequire an individual permit.

74:36:05:01. Applicability. The requirements ofthis chapter apply to all Part 70 sources 

### reEj:\Hres to obtaiR a Part 70 

### operatiRgpennit. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005. GeneralAuthority: SDCL 34A-l-6, 34A-l-21. LawImplemented: SDCL 34A-l-21. 74:36:05:02. 

### PeFmit Part 70 operating permit required. A person may not 

### eoRstruet, iRstall, mosify, re·,rise, or operate any source orunit likelyto cause the emission ofair pollutants into the ambient air or any equipment which prevents or controls the emission ofair pollutants 47into the ambient mr until the applieable preeoRstmetioR a construction permit, PSD • preconstruction permit. NSR preconstruction permit, or Part 70 operating permit has been issued bythe board orthe secretary. Source: 19 SDR 157, effective April 22, 1993; second paragraph transferred from § 74:36:05:05, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effectiveApril4, 1999. General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-l-12, 34A-l-21. Cross-References: Sources exempt from obtaining a Part 70 operating permit, §74:36:05:04; Timely and complete applicationfor operatingpermitrequired,§ 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 permitinclude the following: (1) Anymajor source; (2) Any source, including an area source, subject to a standard or regulation promulgated under§ 111 ofthe CleanAirAct unless otherwise specifiedin§ 74:36:07; (3) Any source, including an area source, subject to a standard or regulation promulgated under § 112 ofthe Clean AirAct, except for a source that is solely subject to the regulations or requirements of§ 112(r) orunless otherwise specifiedin § 74:36:08; ( 4) Anyaffected source subjectto Title IV ofthe CleanAirAct; and 

# •

48

# • (5) Any source in a source category designated by the administrator ofthe EPA through the CleanAir Actpursuantto Title V ofthe CleanAir Act. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effectiveApril4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:03.01. PSD or NSR preconstruction permit required. The suamittal of a eoffifllete 8flplieation for an operatingpermit for a Part 7Q soUi'ee Eloes not affeet the reEI-Uirement that a soUTee have a PSD or NSR preeonstrnetion permit as reEjtlireEl tmEler 

### § 11Q, 165, 172, or • 173 ofthe Clean AirAet or ehapters 74:36:Q9 anE174:36:1Q. A PSD or NSR solli'ee fl'Hist submit a eoffifllete applieation for a Part 7Q operating permit within 12 months after eommeneing 

# • operation. Repealed. Source: 19 SDR 157, effective April 22, 1993; transferred from §74:36:05:10, 20 SDR 125, effectiveFebruary9, 1994; 21 SDR 119, effective January 5, 1995. CeaeFaL• ..uthaFity: SDCL 34A 1 6, 34A 1 21. Lw.v lmplemeated: SDCL 34A 1 21. 74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The following sources are exempt from obtaining a Part 70 operatingpermit: (1) All sources that are not included in§ 74:36:05:03; 49

### (2) Sources that operate a unit subject to 40 C.P.R. 60, Subpart AAA-Standards of • Performance for New Residential Wood Heaters (fu.l.y 

### 1, 2QQ5 July 1, 

### 2009) are exempt from the obligation to obtain a Part 70 operating permit ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart AAA. Exempted sources must still meet the applicable requirements in Subpart AAA; ort (3) Sources that operate aunit subject to 40 C.P.R. § 

### 61.145, Standard for Demolition and Renovation (Jaly 1, 2005 July 1, 2009) are exempt from the obligation to obtain a Part 70 operating permit ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.P.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 April22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. 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 preconstructionpermit orNSR preconstructionpermit: (1) One or more incinerators ofless than 100 pounds per hour combinedburning capacity that combustmunicipal or householdwaste; 50 

# •
•

# • (2) A mobile internal combustion engine, including engines in autos, trucks, tractors, airplanes, locomotives, andboats; (3) Laboratoryequipmentused exclusivelyfor chemical orphysical analysis; (4) A deviee or apparaR!s unit that has a heat input capability ofnot more than 3,500,000 Btusperhour, 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, orpavingparkinglots; (7) A unit that has the potential to emit two tons or less per year ofany criteria pollutant before the application ofcontrol equipment. A ooit ma-y aotbe eeasidered iasigaifieaatifa state • er federal limit is applieable te the l:Hl:it. However, the criteria pollutant emissions from the unit mustbeincluded in determiningwhether the sourceis 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 ifwhether the source is a major er miaor source. A unit eaamay not be considered insignificantifa state orfederal limitis applicableto theunit. 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 applicabilityoforto impose an applicablerequirement. 

# •
51Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective Apri14, 1999; 31 • SDR 101, effective January2, 2005. GeneralAuthority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:06. Standard for issuance ofa Part 70 operating permit. A Part 70 operating permit for a 

### aew source or permit moElifieation revision maybe issued onlyifithas been shown that the operation ofthe 

### aew source or permit moElifieation 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 orby any other dispersion technique as defined in 40 C.F.R. § 51.100 (Jli-l;' 1, 

## ;wos July 1, 2009). Each new source, eJcisting souree, 

## al'la permit • moElifieation must comply with emission limits and other requirements ofthe act and the Clean Air Act. A Part 70 operating permit must include reasonable conditions, including adherence to plans and specifications, to assure compliance with the act, the Clean Air Act, and any other conditionsjustifiedunder SDCL 34A-1-19. Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May21, 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

52 

# •• 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006. 

# •
• 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 ae a Part 70 operatingpermit fef and the owner or operator ofa source with a Part 70 soaree operatingpermit shall submit a fee in accordance with article 74:37. Source: 19 SDR 157, effective April 22, 1993; transferred from§ 74:36:05:11, 20 SDR 125, effectiveFebruary 9, 1994. GeneralAuthority: 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 ofthe 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 subseguent operatingpermits shall be for aperiod offive years. A permit issued for a solid waste incinerator subjectto the requirements of§ 129(e) ofthe Clean AirAct shallbefor aperiod notto exceed 12 years and shall bereviewedbythe department everyfive 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 531, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:32, 19 SDR 157, • effectiveApril22, 1993. 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 personwho owns or operates a Part 70 sourcerequired tohave an operatingpermitmust submit a timely and complete application. An application is timely ifit 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. Thetimelimits are set as follows: (1) A source applying for its initial Part 70 operating permit or a moffifieatioR to aR eKistiRg sol:'lfee,

# e~<Seflt as provided iR subdivisioR (3), must submit a complete application to the • department RO less thaR siJ< mofl:tlis before beginniRg aetual eoRstruetioR. Att applieatioR maybe submitted iR a shorter time frame if the applieaRt reeeiv,es prior writteR approval from the departmeRt. For purposes ofthis seetioR, beginniRg aetual eoRstruetioR means the iRitiatioR of physieal, ORsite eoRstruetioR, reeoRstruetioR, or modifieatioR aetivities OR a URit or ehaRge iR method ofoperatioR that are ofpennaReRtRatlilfe within 12 months after commencingoperation; (2) A Part 70 source applving for a permit modification shall submit a complete applicationto the department within 12 months after commencingoperation ofthe emissionunits involvedwiththemodification;**~** 

### .Ql A Part 70 source applying for renewal of an operating permit must submit a complete application six monthsbeforethe date ofpermit expiration. Ifa source submits a timely and complete application for renewal ofa permit, the terms and conditions ofthe existingpermit 

# •
54• remain ineffectuntil the renewal permithasbeen issued ordenied. This right to operatepending action on an application is extinguished ifthe applicant fails to submit on time the information identified in§ 74:36:05:12; 

### f31 .{±)_ Part 70 sources required to obtain approval under § 112(g) ofthe Clean Air Act or te have a PSD preconstruction permit orNSR preconstruction permit tlfH:ler the preeoHstruetioH re•,riew program t!Haer part CorD ofTitle I ofthe CleaH Air Aetmust 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. Ifan existing operatingpermit for a Part 70 source would prohibit such construction or the change in operation, the source must obtain a the applicable constructionpermit, PSD preconstructionpermit, orNSRpreconstruction permitl'HoffifieatioH before commencingoperation; • (41 

## ill 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**~**

## ® An existing municipal solid waste landfill that meets the requirements of subdivisions 74:36:07:34(1) and (2) is required to submit a Part 70 operating permit application within 15 months ofthe effective date ofEPA's approval ofthe state's § 111(d) plan required in the CleanAirAct. 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 April 4, 1999; 31 SDR 101, effective January2, 2005. General Authority: SDCL 34A-l-6, 34A-1-21. 55Law Implemented: SDCL 34A-l-12, 34A-l-21. 

# • Note: A Part 70 source applying for an initial operating permit or a permit modification must obtain a construction permit in accordance with§§ 74:36:09, 74:36:10, or 74:36:20 before commencing construction ofthe source orpermitmodification. 74:36:05:09. Complete application. The department shall determine completeness ofan application for a an initial Part 70 operating permit, permit modification, orrenewal ofa Part 70 operating permit within 60 days after its receipt and shall notify the applicant in writing ofits determination. Ifthe 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 ofthe application, the department may request, in • writing, additional information necessaryto evaluate ortake final action on the application. If the application is incomplete or additional information is necessarv to evaluate the application, the department shall identify the items required to complete the application. The applicant has an additioflal 20 working days after receipt ofan incomplete notification orrequest for additional information to submit the requested information, unless an extension beyond the 20 working days is approved by the department. The department shall determine the adequacy of the applicant's response to each incomplete item within 20 days after receipt ofthe response and shall notifythe applicant in writingifthe application is oris not complete. 

# •
56

# •
•
• Once a designated representative submits a timely and complete acid rain permit application, the owners or operators ofthe affected source and the affected units covered bythe permit application are considered in compliancewith the requirement to have an acid rainpermit until the final permit is issued, provided that ifanyrequested additional information is submitted during thepermittingprocess. Source: 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:12. Required contents ofcomplete application. An applicant for an operating permit for a Part 70 source orpermit modification must submit the following information for the application to beconsidered complete: (1) General company information, including the company name and address or the plant name and address ifdifferent from the companyname, the owner's name and agent, and theplant sitemanager or contact; (2) A plant description in terms ofthe processes and products identified by the Standard Industrial Classification Code, 1987, including any associated with each alternate scenario identifiedbythe source; (3) The following information on emissions:

57(a) All emissions of pollutants for which the source is major and all emissions of • regulated air pollutants. The applicant must describe all emissions of regulated air pollutants emitted from anyemissionsunit, except when suchunits are exempt; (b) Identification and description ofall emission peffitsunits described in subsection (a) of this subdivision in sufficient detail to establish the basis for fees and the applicability of requirements ofthe Clean AirAct; (c) Emissions rates in total tons per year and in any other terms necessary to establish compliance consistent withthe applicable standardreference testmethod; (d) Fuels, fuel use, raw materials, productionrates, 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 airpollutants; (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 onwhich theitems in this subdivision arebased; (4) One copy of any prepared plans and the specifications of any equipment or other facilities thatmayaffect the source, includingpollution control devices; (5) An abatement strategiesplan, ifrequiredbychapter 74:36:03; (6) A signed and notarized certification ofapplicant form, as providedbythe department; 

# • 58

# •
•
• (7) The results ofanyair dispersion modeling or stackperformance testingrequired bythe 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 ofsources contained in the definition ofmajor source; (10) A description of or reference to any applicable test method for determining compliancewith each applicablerequirement; (11) Any additional information that may be necessary to implement and enforce other requirements ofthe CleanAirAct or to determine the applicability ofsuchrequirements; (12) An explanation ofanyproposed exemptions from otherwise applicablerequirements; (13) The use of standardized forms for acid rain portions of permit applications and complianceplans; (14) Information necessary to define reasonably anticipated alternative operating scenarios, to define permit terms and conditions pursuant to § 74:36:05:30, or to implement a federally enforceable emission cap; (15) A complianceplanthat contains all ofthe following and is at least as stringent as that containedin anyjudicial consent decree or administrative orderto which the sourceis subject: (a) A description ofthe compliance status ofthe source for all applicable requirements, including applicablerequirements thatwill become effective during the term ofthe permit; (b) 

### A description ofthe requirements for which the source is not in compliance at the time ofpermit issuance and a narrative description and a compliance schedule ofhow the source 59

### will achieve compliance with such requirements. The compliance schedule must include a • statementthatprogress reports will be submitted at least once every six months; and (c) A statementthat the source will continue to demonstrate compliance with applicable requirements; (16) A certification ofcompliance by a responsible official that addresses all air pollution control requirements applicable to the source. A certification 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 certificationrequirement ofthe CleanAirAct and mustinclude: (a) A statement indicating methods used to determine compliance, including monitoring, recordkeeping and reportingrequirements, and testmethods; (b) A statement that compliance certifications will be submitted at least annually or at • other designated times for the duration ofthepermitto the department; (c) A statementthat 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 orintermittent; and (e) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements ofthe CleanAirAct; (17) A certification by a responsible official ofthe 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 

# • 60

### • formed after reasonable inquiry, the statements and information in the documents are true, accurate, and complete; and 

# •
• (18) Any otherinformationrequested bythe department after submission ofan application for a permit to operate a Part 70 source which is relevant to determine compliance ofthe source withthe CleanAir 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, effectiveJanuary 5, 1995. GeneralAuthority: 

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

### SDCL 34A-1-12, 34A-l-21. Reference: 

### Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies maybe obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no PB 87- 100012. Cost: $31. 74:36:05:16.01. Operatingpermitrequirements. 

### Each permitissued for the operation of aPart 70 source must contain: (1) 

### The name ofthe person, company, political subdivision, agency, or institution granted apermit; 61(2) Thetype ofoperation; (3) The

## t*aflt facility and mailing address; (4) The date the operatingpermit was granted and onwhich it will expire; (5) A number for administrative reference; (6) A Thename ofa designatedperson or officerresponsible for the source's operation; (7) A statement granting an operating permit bythe board or secretary and any conditions that theboard orsecretarymay imposeto ensure compliancewiththe act andthe CleanAir Act; (8) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements ofthe act and the Clean AirAct and including the following: (a) Thereference ofauthorityfor each term or condition; 

# •

(b) The applicable requirements from the Clean AirAct and from Title IVrequirements • ofthe Clean Air Act, reviewing both requirements and distinguishing which is more stringent and incorporatingbothinto the permit; and (c) Ifan 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 replicableprocedures; (9) Monitoring and related recordkeeping and reportingrequirements, consisting ofat least the following:

62 

# •

# •
•
• (a) All emissions monitoring and analysis procedures, alternative approved methods or test methods required under the applicable requirements, including procedures and methods in § 504(b) or 114(a)(3) ofthe Clean AirAct; (b) Ifthe 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 ofterms, 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 ofmonitoring equipment ormethods; (d) Documentation ofthe following: (i) 

### The date, place as defined in the permit, and time of sampling or measurements; (ii) The date ordates analyses were performed; (iii) The companyorentitythat performedthe analyses; (iv) The analytical techniques ormethods used; (v) The results ofsuch analyses; and (vi) The operating conditions as existing at the time of sampling or measurement; (e) Recordkeeping andreportingrequirements that complywith the following: (i) Submission ofreports ofany required monitoring must occur at least every six months. Reports must clearlyidentify all deviations from permitrequirements and conditions. All required reports mustbe certifiedby aresponsible official; and 63(ii) Deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations and any corrective actions or preventive measures taken must be promptly reported and certified by a responsible official; and (f) Requirements for retention ofmonitoring records and all supporting documentation for at least five years from the date of the monitoring sample, measurement, report, or application; and (10) If applicable, a condition prohibiting emissions exceeding any allowances that the source lawfully holds, exceedances of applicable emission rates, and the use of any allowance priorto the year for which it was allocatedunderthe Title IVprogram ofthe Clean Air Act; (11) A severability clause asserting the continued validity ofpermit requirements if any portions ofthe 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, permittermination, revocation and reissuance, or modifieation permit revision, or fer denial of a permit renewal application; (b) A permittee in an enforcement action may not use the defense that it would have been necessaryto cease or reduce thepermitted activityin order to maintain compliance; (c) Thepermitmaybemodified, revised, revoked and reissued, reopened, orterminated for cause. EJlisting permit eonditions will not be affeeted by the The filing of a request by the permittee for a permit modifieation revision, revocation and reissuance, or termination or ofa notification ofplanned changes or anticipated noncompliance does not stayanypermit condition; 64 

# •
•
•

# •
•
• (d) The permit does not convey property rights ofany sort or any exclusive privilege; and (e) Thepermitteemustprovide any information, includingrecords, requested in writing by the department to determine whether cause exists for meffifyiHg revising, revoking and reissuing, reopening, orterminatingthepermit orto determine compliance; (13) Terms and conditions for reasonably anticipated operating scenarios identified bythe source in its application and approved bythe department. The terms and conditions must require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record ofthe scenario under which it is operating and must ensure that the terms and conditions ofeach such alternative scenario meet all requirements ofthe Clean Air Act; (14) Compliancerequirements that containthe following: (a) A compliance certification and testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions ofthe 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 thedate ofpermitissuance to thedepartment and EPA; (b) Inspection and entryrequirements that requirethe permitteeto allow the department oran 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 whererecords mustbekeptunder the conditions ofthe permit;

65(2) Have access to and copy, at reasonable times, any records that must be kept • under the conditions ofthepermit; (3) Inspect at reasonable times any facilities, equipment, practices, or operations regulated orrequired underthepermit; and (4) As authorized by the Clean Air Act, sample or monitor at reasonable times substances or parameters for the purpose ofassuring compliance with the permit or applicable requirements; (c) A compliance plan in accordance with subdivision 74:36:05:12(15), including progress reports on noncompliance indicating the dates that compliance will be achieved or the dates that compliance was achieved as referred to in a schedule ofcompliance. The report must state an explanation for not attaining dates of compliance and must be submitted to the department semiannuallyormore frequently as required bythe department; and 

# • (d) A compliance certificationin accordance with subdivision74:36:05:12(16); (15) A conditionrequiring a Part70 source to pay anyrequired fees; (16) A condition stating that no permit revisions are required for increases in emissions allowed through emissions trading to the extentthat such trades are authorized bythe applicable requirements ofthe Clean Air Act; (17) Any provisions the department uses to issue general permits that are in accordance with40 C.P.R. Part70.6(d) (ltlly 1, 2005 July l,2009); (18) Provisions for permit emission exceedances due to emergenciesthat are in accordance withtherequirements in40 C.P.R. Part 70.6(g) (July 1, 2005 July l, 2009); and (19) All applicable requirements ofthe CleanAirAct. 

# •
66

# •
•
• Source: 

### 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 125, effective Februazy 9, 1994; 21 SDR 119, effective Januazy 5, 1995; 31 SDR 101, effective Januazy 2, 2005; 32 SDR 209, effective June 13, 2006. Gf'lneral Authority: 

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

### SDCL 34A-1-12, 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 draftpermit. 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 briefstatement describing the faeility source, including the name and address ofthe permittee; (2) The activityoractivities involved in thepermit action; (3) The emissions change involved inanypermitmodification; (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 ofthe notice. The statement shall also describe the procedures a person

67must follow to contest the draft permit and request a hearing in accordance with article 74:09; • and (6) A statement describing where copies ofthe draft permit or other information maybe obtained. The department shall provide to the interested parties a 30-day notice of any hearing to contest a draftpermit. Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effectiveJanuary 5, 1995; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-l-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 casehearing mustbe inwriting and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are notbased on applicablerequirements ofthis article ortherequirements ofthe CleanAirAct.

68 

# •
•

# • Source: 19 SDR 157, adopted April22, 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 April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:20.01. Final permit decision -- Notice to interested persons. The department shall make its final permit decision within 30 days ofthe end ofthe public comment period on a draft permit. The department shall notify, in writing, the applicant and each person or affected state that submitted written comments orrequested notice ofthe final permit decision. Thenotice shall include reference to the procedures for contesting the final permit decision and requesting a • hearing in accordance with article 74:09. Forthe purpose ofthis section, the final permitdecision means proposing a Rew, modified, orreRewedpermit, denying apermit, orterminating apermit. The proposed Rew, modified, or reRewed Part 70 operating permit will must be submitted to EPA within 30 days ofnotifying 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 inthe final permit decision; (2) A contested case hearing is requested; or 

# • 69(3) No comments or request for changes in the draft permit were received during the • public notice period on the draft permit. Inthis case, the draft permit automaticallybecomes the final permit decision and the proposed Part 70 operatingpermitis submittedto EPA. Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 125, effective February9, 1994; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34. 74:36:05:20.03. EPA review ofPart 70 operating permit. The department shall submit to EPA a copy ofeach permit application for an OJlefatiB:g fle11B:it for a Part 70 sooree operating permit, including any application for f! 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 ofthe permit application or complianceplan. Source: 19 SDR 157, adopted April22, 1993, effective November 15, 1994; 20 SDR 125, transferred from§ 74:36:05:19 and amended February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. 70 

# •

# • Law Implemented: SDCL 34A-1-21. 74:36:05:21.01. Department response to EPA objection. The department shall respond within 90 days to the EPA objection. The department may either revise the proposed Part 70 operating permit orjustify its position on the proposed Part 70 operating permit to EPA. Ifthe department decides to revise the proposed Part 70 operating permit, it shall paelish a paelie notiee as reqairea ey §74:36:05:17 aaa take comments from the pablie on the revised permit follow the procedural requirements for an initial Part 70 operating permit, administrative permit amendment, minorpermit amendment, orpermitmodification, as applicable. Ifthe EPA concurs with the revised proposed Part 70 operatingpermit or the department's • justification, the department shall issue a final permit and submit it to the EPA. Ifthe EPA does not concur, the EPAis responsible for issuingthe final permit. Source: 20 SDR 125, adopted February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21. 74:36:05:28. Permit expiration. Permit expiration terminates the source's right to operate under the Part 70 operating permit unless a timely and complete renewal application has been submittedto the department. 

# •

71Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-l-21. Law Implemented: SDCL 34A-1-21. Cross-Reference: Timely and complete application for operating permit required, § 74:36:05:08. 74:36:05:30. Permit flexibility. An operating permit issued to a Part 70 source must allow the source to make the changes listed below without requiring a permit revision before the source makes those changes ifthe change is not a modification under anyprovision ofTitle I of the Clean AirAct and the change does not exceed the emissions allowableunder thepermit. The 

# •

source must provideboth EPA IH'Hi the department written notification as required in this section • at least seven days in advance oftheproposed changes. The source, the EPA, and the department shall attach each suchnotice to its copyoftherelevantpermit. Permitted sources maymake changesw.flieh that do not violate any applicablerequirements or contravene federally enforceable permit terms and conditions, such as monitoring, including test**methods~, recordkeeping~,** **reporting~,** or compliancecertificationrequirements. Foreach such change, the written notice must include a brief description ofthe change within the permitted facility, the date onwhichthe change will occur, any changein emissions, and anypermitterm or conditionthatis no longer applicable as aresult ofthe change 

# •
72

# •
•
• Ifa permit applicant requests it, the department must issue permits that contain terms and conditions, including all requirements under § 74:36:05:16.01, allowing for the trading 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 applicablerequirements. Thepermit applicantmustincludeinits permit applicationtheproposed 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 complywith theterms and conditions ofthepermit. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-l-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:31. Permit amendment-- Application required. An amendment to a permit canbe applied for at anytimebythe a_p_plieant's submittal ofan application. The application must specifY whether the requested ameHElment 

## ana the reasoas for it 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, minorpermit amendment, orpermitmodification.

73Source: 19 SDR 157, effective April22, 1993. 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 maybe 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 ofthe change and documentation supporting the applicant's claim the revision qualifies as an administrative permit amendment. Source: 19 SDR 157, effective April22, 1993; 23 SDR 106, effective December29, 1996. General Authority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21.

74:36:05:38. Department deadline to approve minor permit amendment. +he department may not issue a final minor permit amen6R'Ient UHtil after EPA's 4§ eay revie>N or until EPA has notifies the department that EPA will not objeet to the issuanee of the 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 afterthe end ofEPA's 45-dayreview period, whicheveris later: (1) Issue the minorpermit amendment as proposed; 74 

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•

# • (2) Denythe minorpermit amendment application; (3) Determinethat the requested minor permit amendment shouldbeprocessed as apermit 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 aminorpermit amendmentuntil after EPA's 45- day review or until EPA has notified the department that EPA will not object to the issuance of the minorpermit amendment. The source may implement a proposed revision that is considered • aminorpermit amendment seven days after submitting a complete application.


# • Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effectiveJanuary 5, 1995. 

### 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 ofthe permit for which cause to reopen exists. The department shall follow the procedural requirements for initial permit issuance and shall notify the source subjeet te Part 70 at least 30 days before reopening a permit issued to the source. The department may provide a shorter notice in an emergency. 75Source: 

### 19 SDR 157, effective April22, 1993. GeneralAuthority: 

### SDCL 34A-1-6, 34A-1-21. Law Implemented: 

### SDCL 34A-1-21. 74:36:05:42. Reopening permit for cause by EPA. 

### Within 90 days after EPAnotifies the department and permittee that cause exists to terminate, modifY revise, or revoke and reissue a permit, the department shall submit to EPA a proposed determination of termination, modifieationrevision, orrevocation and reissuance. Source: 

### 19 SDR 157, effective April22, 1993. General Authority: 

### SDCL 34A-1-6, 34A-1-21. Law Implemented: 

### SDCL 34A-1-21. 74:36:05:44. Department failure to submit proposed determination. 

### Department failure to submit aproposed determination within the 90-dayperiod in§ 74:36:05:42 or failure to resolve the objection in § 74:36:05:43 will result in termination, modifieation 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 hearingbyEPA onthe proposed action. Source: 

### 19 SDR 157, effective April22, 1993. General Authority: 

### SDCL 34A-l-6, 34A-1-21. 76 

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•

# •
•
• Law Implemented: SDCL 34A-1-21. 

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

### department. The department shall 

### may terminate, modify revise, or revoke permits for violations ofthe Clean Air Act or this article or for nonpayment ofa fee. Invalidation ofthe acid rain portion of an operating permit does not affect the continuing validity of the rest of the operating permit, nor does invalidation ofany other portion ofthe operating permit affect the continuing validity ofthe acid rainportion ofthe permit. 

### Source: 19 SDR 157, effective April22, 1993. 

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

### Law Implemented: SDCL 34A-1-21. 

### 74:36:05:51. General permits. The secretary may issue a general permit to a category of airpollution sources that meets the following: (1) Involve the same or substantially similartypes ofoperations; (2) Require the same or similartype ofair emission limits; and (3) Require the sameor similarrecordkeeping andmonitoring. 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

77constructed or operate until they are granted coverage under the general permit, or until they • obtain anindividual permit ifrequired bythe secretary. Source: 30 SDR 26, effective September 1, 2003. GeneralAuthority: SDCL 34A-1-21. LawImplemented: 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.



### CHAPTER74:36:07 NEWSOURCEPERFORMANCESTANDARDS

Section 74:36:07:01 New sourceperformance standards. 74:36:07:02 Standards ofperformance for fossil fuel-fired steam generators. 74:36:07:03 Standards ofperformance for electricutility steam generators.

78 

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• 74:36:07:04 74:36:07:05 74:36:07:06 Standards of performance for industrial, commercial, and institutional steam generatingunits. Standards of performance for small industrial, commercial, and institutional steam generatingunits. Standards ofperformance for incinerators. 74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators constructed onorbefore June 20, 1996. 74:36:07:06.02 Standards ofperformance for hospital/medical/infectious waste incinerators for which constructionis commenced after June 20, 1996. 74:36:07:07 Standards ofperformance for municipal waste combustors. 74:36:07:07.01 Standards ofperformance for municipal combustors constructed after September 20, 1994. 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 Ash disposal requirements. Standards ofperformance for portland cementplants. Standards ofperformance for asphalt concrete plants. Repealed. Standards ofperformance for storage vessels ofpetroleum liquids constructed afterJune 11, 1973, andbefore May 19, 1978. Standards ofperformance for storage vessels ofpetroleum liquids constructed afterMay 18, 1978, and before July24, 1984. Standards ofperformance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July23, 1984. 7974:36:07:15 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 Standards ofperformance for sewage treatmentplants. Standards ofperformancefor coal preparationplants. Standards ofperformance for grain elevators. Standards ofperformance for stationarygas turbines. Standards ofperformancefor lime manufacturingplants. Standards ofperformance for metallicmineral processingplants. Standards ofperformance for pressure-sensitive tape and label surface coating operations. Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicals manufacturing industry. 

# •

74:36:07:22.01 Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicals manufacturing industry for which construction, reconstruction, or • modification commenced afterNovember7, 2006. 74:36:07:23 Standards ofperformance for bulkgasoline terminals. 74:36:07:24 Standards ofperformance for newresidential wood heaters. 74:36:07:25 Standards ofperformance for petroleum dry cleaners. 74:36:07:26 Standards ofperformance for VOC emissions from synthetic organic chemical manufacturingindustry (SOCMI) distillation operations. 74:36:07:27 Standards ofperformance for nonmetallic mineral processingplants. 74:36:07:28 Standards ofperformance for magnetictape coatingfacilities. 74:36:07:29 Operatingrequirements for wire reclamation furnaces. 74:36:07:30 Monitoringrequirements for wirereclamation furnaces. 

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80

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•
• 74:36:07:31 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 Standards of performance for graphic arts industry -- Publication rotogravure printing. Standards of performance for volatile organ1c compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. Standards ofperformance for calciners anddryers inmineral industries. Existingmunicipal solid waste landfill. Plan submittalbyexistingmunicipal solid waste landfills. Collection system. Control system. Compliance schedulefor existing municipal solid wastelandfills. Existing municipal solid waste landfill operational standards for collection and control systems. Existing municipal solid waste landfill complianceprovisions. Existingmunicipal solid waste landfill monitoringprovisions. Existingmunicipal solid waste landfill reporting and recordkeeping. 74:36:07:42.01 Additional reporting for existingmunicipal solid waste landfills. 74:36:07:43 74:36:07:44 74:36:07:45 74:36:07:46 Standards ofperformance for new municipal solid wastelandfills. Standards ofperformance for nitric acid plants. Standards ofperformance for sulfuric acid plants. Standards ofperformance for petroleumrefineries. 74:36:07:46.01 Standards of performance for petroleum refineries for which construction, reconstruction, ormodification commenced after May 14, 2007. 8174:36:07:47 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 Standards ofperformance for secondarylead smelters. Standards ofperformancefor secondarybrass andbronzeproductionplants. Standards of performance for primary emissions from basic oxygen process furnaces for which construction commenced after June 11, 1973. Standards ofperformance for secondary emissions from basic oxygen process steelmaking facilities for which construction commenced after January 20, 1983. Standards ofperformance for primarycopper smelter. Standards ofperformance for primaryzinc smelter. Standards ofperformance for primarylead smelter. Standards ofperformance for primaryaluminumreductionplant. Standards ofperformance for wet-process phosphoric acid plant. Standards ofperformance for superphosphoric acid plant. Standards ofperformance for diammoniumphosphateplant. Standards ofperformance for triple superphosphateplant. Standards ofperformance for granulartriple superphosphate storage facility. Standards ofperformance for ferroalloyproductionplant. Standards of performance for electric arc furnaces and argon-oxygen decarburization vessels constructed afterAugust 17, 1983. Standards ofperformance for kraft pulp mills. Standards ofperformance for glass manufacturingplant. Standards ofperformance for surface coating ofmetal furniture. Standards ofperformance for lead-acidbatterymanufacturingplant. 82 

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• 74:36:07:66 74:36:07:67 74:36:07:68 74:36:07:69 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 Standards of performance for automobile and light duty truck surface coating operations. Standards ofperformance for phosphaterock plants. Standards ofperformance for ammonium sulfatemanufacture. Standards ofperformancefor industrial surface coating -- Large appliances. Standards ofperformancefor metal coil surface coating. Standards of performance for asphalt processing and asphalt roofing manufacture. Standards ofperformance for beverage cansurface coatingindustry. Standards ofperformancefor rubber tire manufacturingindustry. Standards of performance for volatile organic compound emissions from polymermanufacturingindustry. Standards ofperformance for flexible vinyl andurethane coating and printing. Standards ofperformance for equipment leaks ofVOC inpetroleumrefineries. 74:36:07:76.01 Standards ofperformance for equipment leaks ofVOC inpetroleumrefineries. 74:36:07:77 74:36:07:78 74:36:07:79 74:36:07:80 74:36:07:81 Standards ofperformance for synthetic fiber productionfacility. Standards ofperformance for VOC emissions from synthetic organic chemical manufacturingindustry air oxidationunit process. Standards ofperformance for equipment leaks ofVOC from onshore natural gas processingplant. Standards ofperformance for onshorenatural gas processing. Standards ofperformancefor wool fiberglass insulation manufacturingplant.

8374:36:07:82 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 VOC emissions from petroleum refinery wastewater system. Standards of performance for industrial surface coating -- Surface coating of plasticparts for business machines. Standards ofperformance for polymeric coating ofsupporting substrates facility. Standards ofperformance for small municipal waste combustionunits for which construction commenced after August 30, 1999, or modification or reconstruction commenced afterJune 6, 2001. Standards ofperformance for commercial and industrial solid waste incineration units for which construction commenced after November 30, 1999, or modification orreconstruction commenced onor 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 onor after June 16, 2006. Standards of performance for stationary compression ignition internal combustionengines. Standards ofperformancefor stationarycombustionturbines. Standards of performance for stationary spark ignition internal combustion engmes.

74:36:07:01. New source performance standards. The general provisions for new source performance standards are those in 40 C.P.R. §§ 60.1 to 60.19, inclusive, (Jaly 1, 2006 84 

# •
•
•• July l, 2009). For the purposes of this chapter, "administrator" means the secretary 

### ef...the aepartmeRt, except for those authorities w!H.eh that cannotbe delegated to the state, in which case 

# •
• "administrator" means both the administrator ofthe Environmental Protection Agency and the secretary ofthe aepartal:eat. 

### 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, effectiveJune 13, 2007. 

### General Authority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-1-18. 

### 74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The standards ofperformance for fossil fuel-fired steam generators are those in 40 C.P.R. §§ 60.40 to 60.46, inclusive, (Jaly 1, 2009 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, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. 85

### General Authority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-1-18. 

### 74:36:07:03. Standards of performance for electric utility steam generators. The standards ofperformance for electric utility steam generators are those in 40 C.F.R. 

### § §60.40Da to 60.49Da, inclusive, (Jaly 1, 2006 July l,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 SDR217, effective June 13, 2007. 

### General Authority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-1-18. 

### 74:36:07:04. Standards ofperformance 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, 

### :2006 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, 86 

# •
•
•• 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. 

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

### LawImplemented: 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, 2006 July 1, 2009). A source that operates a unit subject to 40 C.P.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2009) is exempt from the obligation to obtain a Part 70 operating permit, ifthe sourcebums solely natural gas orpropane and is not required to obtain a • Part 70 operating permit for a reason other than the source is subject to 40 C.P.R. §§ 60.40c to


# • 60.48c, inclusive, (July 1, 2009). Exempted sources must still meet the applicable requirements in 40 C.P.R.§§ 60.40cto 60.48c, 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, effectiveJanuary 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. 

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

### Law Implemented: SDCL 34A-1-18.

87

### 74:36:07:06. Standards ofperformance for incinerators. The standards ofperformance • for incinerators arethose in40 C.P.R. §§ 60.50 to 60.54, inclusive, (July 1, 2006 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, effectiveJune 13, 2007. 

### GeneralAuthority: SDCL 34A-l-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.P.R. Part 60, Subpart Ce (July 1, :WQe July I, 2009), is incorporated into this rule by reference. Designated facilities under this subpart Subpart Ce shall comply with the requirements for state plan approval in 40 C.P.R. §§ 60.32eto 60.38e, inclusive, (July 1, 2006 July 1, 2009). The owner or operator ofa 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 ofthe 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. 88 

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•

# •
•
• The owner or operator ofa hospital/medical/infectious waste incinerator constructed on or before June 20, 1996, that decides to comply with the requirements ofthis section shall submit a complianceplanwithin six months ofstateplan approval thatmeets the following deadlines: (1) Submit a Part 70 operating permit application and design drawings ofthe airpollution control device to the department within oneyear ofstate plan approval; (2) Submit a copy ofthe purchase order or other documentation indicating an order has been placed for the major components ofthe air pollution control device within 15 months of stateplan approval; (3) Begin initiation of site preparation for installation ofthe air pollution control device within 2 years after stateplan approval; (4) Complete installation ofthe air pollution control device within 30 months after state plan approval; and (5) Conduct a performance test within 33 months after stateplan approval. The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 200a July 1, 2009) within one year after state plan approval. The owner or operator shall comply with

89

### the remaining requirements in this section within three years after state plan approval or by • September 15, 2002, whicheveris earlier. 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, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:06.02. Standards of performance for hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. The standards of performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, are those in 40 C.P.R. §§ 

### 60.50c to 60.58c (July 1, 2009 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, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:07. Standards of performance for municipal waste combustors. The standards ofperformance for municipal waste combustors are those in 40 C.P.R. §§ 

### 60.50a to 60.59a, inclusive, (July I, 2009 July 1, 

### 2009). 90 

# •
•

# • Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 18 SDR90, effectiveNovember24, 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 January2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13,2007. 

### GeneralAuthority: SDCL34A-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, ormodified orreconstructed after June 19, 1996, are those in40 C.F.R. §§ 60.50b to 60.59b, inclusive, (July 1, 2006 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.

### General Authority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-1-18.

9174:36:07:09. Standards ofperformance for portland cement plants. The standards of • performance for portland cement plants are those in 40 C.P.R. §§ 60.60 to 60.66, inclusive, (My I, 2006 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, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-l-18. 74:36:07:10. Standards ofperformance for asphalt concrete plants. The standards of performance for asphalt concrete plants are those in40 C.P.R.§§ 60.90 to 60.93, inclusive, (.fuly I, 2006 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, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 92 

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•

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•
• 74:36:07:12. Standards of performance for storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978. The standards ofperformance for storage vessels ofpetroleum liquids constructed after June 11, 1973, and before May 19, 1978, are those in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (Jaly l, 2006 July 1, 2009). A source that operates a unit subjectto 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009) is exempt from the obligation to obtain a Part 70 operating permit ifthe unit is not required to install controls and ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July l,



### Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from §74:26:14:05, 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, effectiveJune 13, 2007. 

### General Authority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-l-18. 

### 74:36:07:13. Standards of performance for storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984. The standards ofperformance for storage vessels ofpetroleum liquids constructed after May 18, 1978, and before July 24, 1984, 93are those in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (JHly 1, 2006 July l, 2009). A source • that operates a unit subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July l, 2009) is exempt from the obligation to obtain a Part 70 operating permit ifthe unit is not required to install controls and ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July l,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 § 74:26:20:19, 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 SDR209, effectiveJune 13, 2006; 33 SDR 217, effectiveJune 13, 2007. 

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

### LawImplemented: SDCL 34A-1-18. 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, 1984, are those in 40 C.P.R.§§ 60.110b to 60.117b, inclusive, (JHly 1, 2006 July l, 2009). A source that operates a unit subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July l, 2009) is exempt from the 

# •
94• obligation to obtain a Part 70 operating permit ifthe unit is notrequired to install controls and if the source is notrequired to obtain a Part 70 operatingpermit for a reason otherthan the sourceis 

# •
• subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July l, 2009). Exempted sources must still meet the applicable requirements in 40 C.P.R. §§ 60.110b to 60.117b, inclusive, (July 1, 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, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:15. Standards ofperformance for sewage treatment plants. The standards of performance for sewage treatment plants are those in 40 C.P.R. §§ 60.150 to 60.156, inclusive, (July 1, 2006 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, effectiveJune 13, 2007. 95

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

### LawImplemented: SDCL 34A-l-18. 

### 74:36:07:16. Standards ofperformance 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, (Jtdy 1, 2006 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. 

### General Authority: SDCL34A-l-6. 

### LawImplemented: 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, (Jlily 1, W06 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 ifthe source is notrequired 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 in40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009).

96 

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•

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•
• 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 SDR209, effectiveJune 13,2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:18. Standards of performance for stationary gas turbines. The standards of performance for stationary gas turbines are those in 40 C.F.R. §§ 60.330 to 60.335, inclusive, (July l, 2006 July 1, 2009). Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:19:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:19. Standards ofperformance for lime manufacturing plants. The standards of performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, inclusive, (July 1, 2006 July 1, 2009). 97Source: 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, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:20. Standards of performance for metallic mineral processing plants. The standards ofperformance for metallic mineral processingplants are those in 40 C.F.R. §§ 60.380 to 60.386,inclusive, (Jwy 1, 2QQ6 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 April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effectiveDecember 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

98 

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•

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• 74:36:07:21. Standards ofperformance for pressure-sensitive tape and label surface coating operations. The standards ofperformance for pressure-sensitive tape and label surface coating operations are those in 40 C.P.R. 

### §§ 60.440 to 60.447, inclusive, (July 1, 2009 July 1, 2009). Source: 19 SDR 157, effective Apri122, 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. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:22. Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicals manufacturing industry. The standards ofperformance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.P.R. 

### §§ 60.480to 60.489, inclusive, (July 1, 2009 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, effectiveJanuary2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 9974:36:07:22.01. 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, SubpartVVa(July 1,2009). Source: GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:23. Standards ofperformance for bulk gasoline terminals. The standards of performance for bulk gasoline terminals are those in 40 C.P.R. §§ 60.500 to 60.506, inclusive, (Jaly 1, 2006 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 January2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18.

100 

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•
• 74:36:07:24. Standards of performance for new residential wood heaters. The standards ofperformance for new residential wood heaters are those in 40 C.P.R. §§ 60.530 to 60.539b, inclusive, (July 1, 2006 July I, 2009). 

### Source: I9 SDR 157, effective April 22, I993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, I996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September I, 2003; 31 SDR 101, effective January2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR2I7, effectiveJune I3, 2007. 

### General Authority: SDCL 34A-1-6. 

### LawImplemented: SDCL 34A-I-I8. 

### 74:36:07:25. Standards ofperformance for petroleum dry cleaners. The standards of performance for petroleum dry cleaners are those in 40 C.P.R. 

### §§ 60.620 to 60.625, inclusive, (July 1, 2006 July 1, 2009). A source subject to 40 C.P.R.§§ 60.620 to 60.625, inclusive, (July I, 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.P.R. §§ 60.620 to 60.625, inclusive, (July 1, 2009). Exempted sources must still meet the applicablerequirements in 40 C.P.R. §§ 60.620 to 60.625, inclusive, (July I, 2009). 

### Source: I9 SDR I57, effective April22, 1993; 2I SDR I19, 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, effectiveJune 13, 2007. 101

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

### Law Implemented: SDCL34A-l-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,**~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 January2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effective June 13,2007. 

### 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 ofperformance for nonmetallic mineral processing plants are those in 40 C.F.R. §§ 60.670 to 60.676, inclusive, (July I, 2009 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 April 22, 1993; 21 SDR 119, effective 102 

# •
•
•• January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13,2007. 

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

### Law Implemented: SDCL 34A-1-18. 

### 74:36:07:28. Standards of performance for magnetic tape coating facilities. The standards ofperformance for magnetic tape coating facilities are those in40 C.P.R.§§ 60.710 to 60.718, inclusive, (July 1, 2006 July 1,2009). 

### Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 • SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. 

### General Authority: SDCL34A-l-6. 

### Law Implemented: SDCL 34A-1-18. 

### 74:36:07:31. Standards of performance for graphic arts industry -- Publication rotogravure printing. The standards ofperformance for publication rotogravure printing in the graphic arts industry are those in 40 C.P.R. §§ 60.430 to 60.435, inclusive, (July I, 2006 July 1, 2009). 

# •
103Source: 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, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL34A-1-18. 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.P.R. §§ 60.700 to 60.707, inclusive, (Jaly 1, 2006 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL34A-l-18. 74:36:07:33. Standards of performance for calciners and dryers in mineral industries. The standards ofperformance for calciners and dryers in mineral industries are those in40 C.P.R. §§ 60.730 to 60.736, inclusive, (Jaly I, 2006 July I,2009).

104 

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•

# • Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:34. Existing municipal solid waste landf""dl. 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 sinceNovember 8, 1987, orhas 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 cubicmeters. The landfill maycalculate design capacity either inmegagrams orcubic meters. Densityconversions mustbedocumented and submitted with the report; and (3) The landfill has a nonmethane organic compoundemissionrate of50 megagrams a year or more. The calculation ofthe landfill nonmethane organic compound emission rate must meet the requirements of 40 C.F.R. 

### § 60.754 (Jlliy 1, 2006 July 1, 2009), to determine the landfill nonmethane organic compound emissionrate. 

# •
105Source: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:36. Collection system. The department shall approve the collection and control system plan ifit is equivalent to ormeets the conditions provided in 40 C.P.R. § 60.752(b)(2)(ii) 

### (J\:lly 1, 2006 July 1,2009), and the controlrequirements 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.GeneralAuthority: SDCL34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:37. Control system. The department shall approve the control system if it is equivalentto ormeets one ofthe following requirements: (1) An open flare designed and operated in accordance with the parameters established in 40 C.P.R.§ 60.18 (July 1, 2006 July l, 2009); 106 

# •

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• (2) A control system designed and operated to reduce nomnethane organic compounds by 98 percentbyweight; or (3) An enclosed combustor designed and operated to either reduce nomnethane organic compounds by 98 percent byweight or the outlet nomnethane organic compound concentration to 20 partspermillion as hexanebyvolume, drybasis at three percent oxygen, orless. 

### Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR 217, effectiveJune 13,2007. 

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

### Law Implemented: SDCL 34A-1-18. 

### 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 in40 C.F.R. 

### § 60.753 (July 1, 2009 July I,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. 107GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-l-18. 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.F.R. 

### § 60.755 (Jaly 1, 2006 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. 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.F.R. § 60.756 (July 1, 2006 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,

108 

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•
•• effective January 2, 2005; 32 SDR 209, effective June 

### 13, 2006; 3-3 SDR 217, effective June 

### 13, 2007. 

# •
• General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-18. 74:36:07:42. Existing municipal solid waste landf"Ill reporting and recordkeeping. The owner or operator ofan existing municipal solid waste landfill that meets the requirements of§ 74:36:07:34 shall meet thereporting and recordkeeping requirements specified in40 C.P.R. §§ 60.757 and 60.758 (hily 1, 2006 July l, 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 I, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 

### 13, 2007.General Authority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:42.01. Additional reporting for existing municipal solid waste landfUls. 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 emissionrate report within 90 days ofthe effective date ofEPA's approval ofthe state's § Ill(d) planrequired in the Clean Air Act and annually or everyfive years thereafter in accordance with 40 C.P.R.§ 60.757(b) (July 1, 2006 July l,2009). 109Source: 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, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18 74:36:07:43. Standards ofperformance 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.F.R. 

### §§ 60.751 to 60.759, inclusive, (July 1, 2006 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 notconsidered construction, reconstruction, ormodification for purposes ofthis section. 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.General Authority: SDCL 34A-l-6. Law Implemented: SDCL34A-1-18.

110 

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• 74:36:07:44. Standards of performance for nitric acid plants. The standards of performance for nitric acid plants are those in 40 C.F.R. §§ 60.70 to 60.74, inclusive,**(Jto~ly** 1,**.~July** 1, 2009). 

### Sonrce: 33 SDR217, effective June 13,2007. 

### 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.F.R. §§ 60.80 to 60.85, inclusive, (Ju-ly 1,**~** July 1, 2009). 

### Source: 33 SDR217, effective June 13,2007. 

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

### Law Implemented: SDCL 34A-1-18. 

### 74:36:07:46. Standards of performance for petroleum refmeries. The standards of performance for petroleum refineries are those in40 C.F.R. §§ 60.100 to 60.108, inclusive, (Ju-ly 1, 2006 July 

### 1, 2009). 

### Source: 33 SDR217, effectiveJune 13, 2007. 

### General Authority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-1-18. 111

### 74:36:07:46.01. Standards of performance for petroleum refmeries for which construction, reconstruction, or modification commenced afterMay 14, 2007. The standards ofperformance for petroleum refineries for which construction, reconstruction, or modification commenced after May 14, 2007, are those in40 C.F.R. § 60, SubpartJa, (July 1, 2009). 

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

### LawImplemented: SDCL 34A-1-18. 

### 74:36:07:47. Standards ofperformance for secondary lead smelters. The standards of performance for secondary lead smelters are those in 40 C.P.R. §§ 60.120 to 60.123, inclusive, (July 1, 2006 July 1, 2009). 

### Source: 33 SDR217, effectiveJune 13, 2007. 

### GeneralAuthority: SDCL34A-1-6. 

### LawImplemented: SDCL34A-1-18. 

### 74:36:07:48. Standards of performance for secondary brass and bronze production plants. The standards ofperformance for secondarybrass and bronzeproductionplants are those in40 C.P.R.§§ 60.130 to 60.133, inclusive, (Jaly 1, 2006 July 1, 2009). 

### Source: 33 SDR217, effective June 13,2007. 

### GeneralAuthority: SDCL34A-l-6. 112 

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•• LawImplemented: SDCL 34A-1-18.


# •
• 74:36:07:49. Standards of performance for primary emissions from basic oxygen process furnaces for which construction commenced after June 11, 1973. The standards of performance for basic oxygen process furnaces are those in 40 C.P.R. §§ 60.140 to 60.144, inclusive, (July 1, 2009 July 1, 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 ofperformance for basic oxygen process steelmaking facilities are those in 40 C.P.R.§§ 60.140ato 60.145a, inclusive, 

### (Il:lly 1, 2009 July 1, 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:51. Standards ofperformance for primary copper smelter. The standards of performance for primary copper smelters are those in 40 C.P.R. §§ 60.160 to 60.166, inclusive, (July 1, 2009 July 1, 2009). 113Source: 33 SDR217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:52. Standards of performance for primary zinc smelter. The standards of performance for primary zinc smelters are those in 40 C.P.R. §§ 60.170 to 60.176, inclusive, (Jaly 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13,2007. General Authority: SDCL34A-l-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.P.R. §§ 60.180 to 60.186, inclusive, (Jaly 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-18.

114 

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• 74:36:07:54. Standards ofperformance 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, 2006 July l,2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, (fuly 1, 2006 July l,2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL34A-1-18. 74:36:07:56. Standards ofperformancefor 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, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 11574:36:07:57. Standards of performance for diammonium phosphate plant. The standards ofperformance for diammonium phosphate plants are those in 40 C.F.R. §§ 60.220 to 60.224, inclusive, (July 1, 2006 July 1, 2009). Source: 33 SDR 217, effectiveJune 13, 2007. 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 ofperformance for triple superphosphate plants are those in 40 C.F.R. §§ 60.230 to 60.234, inclusive, (July 1, 2006 July 1,2009). Source: 33 SDR217, effective June 13,2007. 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 ofperformance for granular triple superphosphate storage facilities are those in40 C.F.R. §§ 60.240to 60.244, inclusive, (July 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-1-6. 116 

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•

# • LawImplemented: SDCL 34A-l-18. 

### 74:36:07:60. Standards ofperformance for ferroalloy production plant. The standards of performance for ferroalloy production plants are those in 40 C.P.R. § § 60.260.to 60.266, inclusive, (July 

### 1, ::woe 

### July 

### I.2009). 

### Source: 33 

### SDR 217, effectiveJune 13,2007. 

### General Authority: SDCL 34A-l-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 ofperformance 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 July 1,

### 2009). 

### Source: 33 

### SDR 217, effective June 

### 13, 2007. 

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

### LawImplemented: SDCL 34A-l-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,**~** 

### July I, 2009).

117Source: 33 SDR 217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:63. Standards ofperformance for glass manufacturing plant. The standards of performance for glass manufacturing plants are those in 40 C.F.R. §§ 60.290 to 60.296, inclusive, (hlly 1, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL34A-1-18. 74:36:07:64. Standards of performance for surface coating of metal furniture. The standards ofperformance for surface coating ofmetal furniture are those in 40 C.F.R. §§ 60.310 to 60.316, inclusive, (Jaly 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:07:65. Standards of performance for lead-acid battery manufacturing plant. The standards ofperformance for lead-acid battery manufacturing plants are those in 40 C.F.R. §§ 60.370to 60.374, inclusive, (July 1, 2006 July l,2009). 118 

# •
•
•

# •
•
• Source: 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-18. 74:36:07:66. Standards ofperformance for automobile and light duty truck surface coating operations. The standards ofperformance for automobile and light duty truck surface coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, (July 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13,2007. General Authority: SDCL 34A-1-6. LawImplemented: 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, 2006 July 1,2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

119

### 74:36:07:68. Standards of performance for ammonium sulfate manufacture. The • standards ofperformance for ammonium sulfate manufacture are those in 40 C.P.R. §§ 60.420 to 60.424, inclusive, (Jaly I, 2009 July l, 2009). 

### Source: 33 SDR217, effectiveJune 13,2007. 

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

### Law Implemented: SDCL 34A-1-18. 

### 74:36:07:69. Standards of performance for industrial surface coating -- Large appliances. The standards ofperformance for industrial surface coating oflarge appliances are those in40 C.P.R.§§ 60.450 to 60.456, inclusive, (Jaly 1, 2009 July l, 2009). 

### Source: 33 SDR 217, effectiveJune 13, 2007. 

### General Authority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-1-18. 

### 74:36:07:70. Standards ofperformance for metal coil surface coating. The standards of performance for metal coil surface coating are those in 40 C.P.R. §§ 60.460 to 60.466, inclusive, (Jaly 1, 2009 July 1, 2009). 

### Source: 33 SDR217, effective June 13, 2007. 

### General Authority: SDCL34A-l-6. 

### Law Implemented: SDCL 34A-1-18. 120 

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•

# • 74:36:07:71. Standards of performance for asphalt processing and asphalt roofmg 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, (ll:!ly I, 2006 July 1, 2009). 

### Source: 33 

### SDR 217, effectiveJune 13, 2007. 

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

### LawImplemented: SDCL 34A-1-18. 

### 74:36:07:72. Standards of performance for beverage can surface coating industry. The standards ofperformance for beverage can surface coating industry are those in 40 C.P.R. • §§ 60.490 to 60.496, inclusive, 

### (hlly 1, 2006 July 1, 2009). 

### Source: 33 

### SDR 217, effectiveJune 13,2007. 

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

### LawImplemented: SDCL 34A-1-18. 

### 74:36:07:73. Standards ofperformance for rubber tire manufacturing industry. The standards ofperformance for rubber tire manufacturing industry are those in40 C.P.R. §§ 60.540 to 60.548, inclusive, (July 1, 2006 July 1, 2009). 

### Source: 33 

### SDR 217, effectiveJune 

### 13, 2007. 

# • GeneralAuthority: SDCL 34A-1-6. 121LawImplemented: 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.F.R. §§ 60.560 to 60.566, inclusive, (Jl:lly 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 

# •

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and • printing. The standards ofperformance for flexible vinyl and urethane coating and printing are those in40 C.F.R. §§ 60.580 to 60.585, inclusive, (July 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum refmeries. The standards ofperformance for equipment leaks inpetroleum refineries are those in 40 C.F.R. §§ 60.590 to 60.593, inclusive, (July 1, 2006 July l,2009).

122 

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•
• Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:76.01. Standards ofperformance for equipmentleaks ofVOC in petroleum refmeries. The standards ofperformance for equipment leaks in petroleum refineries for which construction, reconstruction, or modification commenced after November 7, 2006, are those in 40 C.P.R.§ 60, Subpart GGGa, (July 1, 

### 2009). Source: GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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.P.R. §§ 

### 60.600 to 60.604, inclusive, (July 1, 2006 July 1, 

### 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:78. Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry air oxidation unit process. The standards ofperformance 123for synthetic organic chemical manufacturing industryair oxidation unitprocesses are those in40 • C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 2006 July 1, 2009). 

### Source: 33 SDR217, effectiveJune 13, 2007. 

### GeneralAuthority: SDCL34A-1-6. 

### LawImplemented: SDCL 34A-1-18. 74:36:07:79. 

### Standards of performance for equipment leaks of VOC 

### from onshore natural gas processing plant. The standards ofperformance for equipment leaks from onshore natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (Ally 1, 2006 July 1,2009). 

### Source: 33 SDR217, effectiveJune 13, 2007. 

### GeneralAuthority: SDCL34A-1-6. 

### LawImplemented: SDCL 34A-1-18. 74:36:07:80. 

### Standards of performance for onshore natural gas processing. The standards ofperformance for onshore natural gas processing are those in 40 C.F.R. §§ 60.640 to 60.648, inclusive, (July 1, 2006 July 1, 2009). 

### Source: 33 SDR217, effectiveJune 13, 2007. 

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

### LawImplemented: SDCL 34A-1-18. 124 

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•

# • 74:36:07:81. Standards ofperformance for wool fiberglass insulation manufacturing plant. The standards of performance for wool fiberglass insulation manufacturing plants are those in 40 

### C.P.R.§§ 60.680 to 60.685, inclusive, (Jmy 

### 1, 2009 July 

### 1. 2009). 

### Source: 33 

### SDR 217, effectiveJune 

### 13, 2007. 

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

### LawImplemented: SDCL 34A-1-18. 

### 74:36:07:82. Standards ofperformance for VOC emissions from petroleum refinery wastewater system. The standards ofperformance for petroleum refinery wastewater systems • are those in40 

### C.P.R.§§ 60.690to 60.699, inclusive, (Jaly 

### 1, 2009 July 

### 1. 2009). 

### Source: 33 

### SDR 217, effective June 13,2007. 

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

### LawImplemented: SDCL 34A-1-18. 

### 74:36:07:83. Standards of performance for industrial surface coating -- Surface coating ofplastic parts for business machines. The standards ofperformance for the surface coating of plastic parts for business machines are those in 40 

### C.P.R. §§ 60.720 to 60.726, inclusive, (Jaly 

### 1, 2009 July 1, 2009). 

# • Source: 33 

### SDR 217, effective June 

### 13, 2007. 125

### GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:84. Standards of performance for polymeric coating of supporting substrates facility. The standards ofperformance for polymeric coating ofsupporting substrates facilities are those in40 C.F.R. §§ 

### 60.740 to 60.748, inclusive, (July 

### 1, 2009 July l,

### 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 

# •

74:36:07:85. 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. The standards of performance for small municipal waste combustion units are those in 40 C.F.R. § 

### 60, Subpart AAAA (July 

### 1, 2009 July 1, 2009). Source: 33 SDR 217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:07:86. Standards of performance for commercial or industrial solid waste incineration units for which construction commenced after November 30, 1999, or 126 

# •

### • modification or reconstruction commenced on or after June 1, 2001. The standards of performance for commercial solid waste incineration units are those in 40 C.F.R. § 60, Subpart 

## ecce (July 1, 2006 July 1, 2009). 

### Source: 33 SDR217, effectiveJune 13, 2007. 

### General Authority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-1-18. 

### 74:36:07:87. 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. The standards ofperformance for other solid waste • incinerationunits are those in40 C.F.R. § 60, SubpartEEEE (July 1, 2006 July 1, 2009). 

### Source: 33 SDR217, effectiveJune 13, 2007. 

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

### Law Implemented: SDCL 34A-1-18. 

### 74:36:07:88. Standards of performance for stationary compression ignition internal combustion engines. The standards ofperformance for stationary compression ignition internal combustion engines are those in 40 C.F.R. § 60, Subpart IIII (July 1, 2006 July 1. 2009). A source subjectto Subpart IIII is exemptfrom the obligationto obtain a Part 70 operatingpermitif the sourceis notrequired to obtain a Part 70 operatingpermit for areason otherthanthe sourceis 

# •
127subject to Subpart IIII. Exempted sources must still meet the applicable requirements in Subpart • IIII. 

### Source: 33 SDR217, effectiveJune 13, 2007. 

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

### Law Implemented: SDCL 34A-1-18. 

### 74:36:07:89. Standards of performance for stationary combustion turbines. The standards ofperformance for stationary combustionturbines are those in40 C.P.R. §§ 60.4300 to 60.4420, inclusive, (h1ly 1, 2009 July 1, 2009). 

### Source: 33 SDR217, effective June 13,2007. 

# • GeneralAuthority: SDCL 34A-1-6. 

### Law Implemented: SDCL 34A-1-18. 

### 74:36:07:90. Standards of performance for stationary spark ignition internal combustion engines. The standards ofperformance for stationarv spark combustion engines are those in 40 C.P.R. § 60, Subpart JJJJ (July 1, 2009). A source subject to Subpart JJJJ 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 Subpart JJJJ. Exempted sources must still meetthe applicablerequirements in SubpartJJJJ. 

### Source: 

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128

# •
•
• General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. CHAPTER74:36:08 NATIONAL EMISSION STANDARDS FORHAZARDOUS AIRPOLLUTANTS

Section 74:36:08:00 74:36:08:01 74:36:08:02 Administrator defined. General provisions-- National emission standards for hazardous airpollutants. Emission standards for asbestos airpollutants. 74:36:08:02.01 Emission standards for equipmentleaks (fugitive emission sources) ofbenzene. 74:36:08:02.02 Emission standards forbenzene emissions from benzene storage vessels. 74:36:08:02.03 Emission standards for benzene emissions from benzenetransfer operations. 74:36:08:02.04 Emission standards forbenzenewaste operations. 74:36:08:03 General provisions -- National emission standards for hazardous air pollutants for source categories. 74:36:08:03.01 Requirements for control technology determinations for major sources in accordance with CleanAirAct sections 112(g) and 112G). 74:36:08:04 74:36:08:05 National perchloroethylene air emission standards for dry cleaning facilities. National emission standards for organic hazardous air pollutants from the synthetic organic chemical manufacturingindustry. 12974:36:08:06

74:36:08:07 74:36:08:08 74:36:08:09 74:36:08:10 74:36:08:11 74:36:08:12 74:36:08:13 74:36:08:14 74:36:08:15 74:36:08:16 74:36:08:17 74:36:08:18 74:36:08:19 74:36:08:20 separators. National emission standards for organic hazardous air pollutants from synthetic organic chemical manufacturing industry process vents, storage vessels, transfer operations, and wastewater. National emission standards for organic hazardous air pollutants for equipment leaks. National emission standards for organic hazardous air pollutants for certain processes subjectto negotiatedregulations for equipment leaks. National emission standards for chromium emissions from hard and decorative chromium electroplating and chromium anodizing tanks. National emission standards for ethylene oxide emissions from sterilization facilities. National emission standards for industrialprocess coolingtowers. National emission standards for gasoline distribution facilities (bulk gasoline terminals andpipelinebreakout stations). National emission standards for halogenated solvent cleaning. National emission standards for wood furniture manufacturing operations. National emission standards for aerospacemanufacturing. National emission standards for tanks. National emission standards for containers. National emission standards for surfaceimpoundments. National emission standards forindividual drain systems. National emission standards for oil-water separators and organic-water

130 

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•• 74:36:08:20.01 National emission standards for closed vent systems, control devices, recovery


# •
• devices, and routing to a fuel gas system oraprocess. 74:36:08:20.02 National emission standards for equipmentleaks. 74:36:08:21 74:36:08:22 74:36:08:23 74:36:08:24 74:36:08:25 74:36:08:26 74:36:08:27 74:36:08:28 74:36:08:29 74:36:08:30 74:36:08:31 74:36:08:32 facilities. 74:36:08:33 manufacturing. 74:36:08:34 National emission standards for hazardous air pollutants from the portland cement manufacturing industry. National emission standards for hazardous air pollutants for pesticide active ingredientproduction. National emission standards for the printing and publishingindustry. National emission standards for oil and natural gas production facilities. National emission standards for natural gastransmission and storage facilities. National emission standards for secondaryaluminum production. National emission standards forpubliclyowned treatment works. National emission standards for solvent extractionfor vegetable oil production. National emission standards for paper and other web coating. National emission standards for municipal solid waste landfills. National emission standards for surface coating ofmetal furniture. National emission standards for integrated iron and steel manufacturing National emission standards for brick and structural clay products National emission standards for asphalt processing and asphalt roofing manufacturing.

131