Law Implemented: 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 in 40 C.F.R. § 63, Subpart GGGGGG (Jl:lly 1, 2006 July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: 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 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 

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 in 40 C.F.R. § 63, Subpart YYYYY (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 if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart ZZZZZ. 

Exempted sources must still meet the applicable requirements in Subpart ZZZZZ. 

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 

183 
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 BBBBBB. Exempted 

sources must still meet the applicable requirements in Subpart BBBBBB. 

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 in 40 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 if the 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 meet the applicable requirements 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 if the 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 meet the 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 if the 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 carbon black production area sources are those in 40 C.P.R. 

• § 63, Subpart MMMMMM (July 1, 2009). 

185 
Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:111. National emission standards for 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 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 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 000000 is exempt from the obligation 

to obtain a Part 70 operating permit if the 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 meet the applicable requirements 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 in 40 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 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 PPPPPP. Exempted sources must still meet the applicable requirements in Subpart 

PPPPPP. 

Source: 

General Authority: SDCL 34A-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 if the source is not required to 

187 
obtain 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: 

General Authority: 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 if the 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 Subpart TTTTTT. 

• 

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 if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

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

wwwwww. 

Source: 

General Authority: 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 if the 

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 

Subpart XXXXXX. 

Source: 

General Authority: 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 if the 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 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 ZZZZZZ. Exempted sources must still 

meet the applicable requirements in Subpart ZZZZZZ. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

CHAPTER 74:36:09 

• 

191 
PREVENTION OF SIGNIFICANT DETERIORATION 

Section 

74:36:09:01 Applicability. 

74:36:09:01.01 Prevention of significant deterioration permit required. 

74:36:09:02 Prevention of significant deterioration. 

74:36:09:03 Public participation. 

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, 

the state's definitions and requirements for the prevention of significant deterioration are those in 

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 of this section, all terms defined in this section have the meaning 

defined in 40 C.F.R. § 52.21, except for the term "administrator" which means the secretary with 

the following exceptions: 

(a) In 40 C.F.R. §§ 52.21{b)(3)(iii) and 52.21{b)(37)(iii), the term "administrator" 

means either the secretary or the administrator of EPA, as applicable; 

192 

• 

• 

• 
• (b) In 40 C.F.R. §§ 52.2l(w)(2) to 52.2l(w)(4), inclusive, the term "administrator" 

means either the secretary or the administrator of EPA, 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" means the administrator of EPA; 

(2) For the purposes of this section, the term "Act" means the Clean Air Act; 

(3) For the purposes of this section, in 40 C.F.R. § 52.2l(c), the Class I areas in South 

• Dakota are Wind Cave National Park and the Badlands National 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, if a 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) of this section for the 

existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the 

Clean Unit"; 

(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, but not be limited to, any activity(s) that meets the requirements of the • 

equipment replacement provisions contained in paragraph (cc) of this section"; 

(6) For the purposes of this section, 40 C.P.R. § 52.21(r)(6) is incorporated by reference 

excluding the phrase, "(other than projects at a Clean Unit or at a source with a PAL)"; 

(7) For the purposes of this section, 40 C.P.R.§ 52.21(v)(1) is incorporated by reference 

excluding the phrase, "under 40 CFR 124.10"; and 

(8) For the purposes of this section, 40 C.P.R. § 52.21(w)(1) is incorporated by reference 

excluding the phrase, "expires under paragraph ( s) of this 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 secretary takes 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, effective June 13,2007. 

General Authority: 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 

participation procedures are those in 40 C.P.R. § 51.166(q) (July 1, 2005 July 1, 2009), excluding 

the phrase "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 of this section, in 40 C.P.R. § 51.166(q)(1) the phrase "specified time 

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 of EPA; 

(4) For the purposes of this section, in 40 C.P.R.§ 51.166(q)(2)(iii), the phrase "Notify the 

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 contest the draft 

permit and request a hearing in accordance with article 74:09; 

(5) For the purposes of this section, in 40 C.P.R. § 51.166(q)(2)(v), a public hearing is 

required if a person contests the draft permit or contests the secretary's final determination and 

• requests a hearing in accordance with article 74:09; and 

195 
(6) For the purposes of this section, in 40 C.P.R. § 51.166(q)(2)(viii), if a request for a 

contested case hearing is not submitted during the public notice period, the secretary shall make a 

final determination within 30 days of the end of the public comment period on the draft permit. 

The secretary shall notify, in writing, the applicant and each person that submitted written 

comments or requested notice of the final determination. The notice shall include reference 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 of the public notice period. 

Source: 33 SDR 43, effective September 18, 2006. 

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

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:10 

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 source review preconstruction permit required. 

Repealed. 

New source review preconstruction permit. 

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. 

Clean unit test for emission units subject to lowest achievable emission rate. 

Clean unit test for emission units comparable to lowest achievable emission rate. 

74:36:10:02. Dermitions. For the purposes of this chapter, the definitions for new source 

review are those in 40 C.F.R. § 51.165(a)(1) (July 1, 2003 July 1, 2009). 

For the purposes of this chapter, the term, Act, means the Clean Air Act. 

For the purposes of this section, the term, reviewing authority, means the secretary. 

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 . 

General Authority: 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 or major modifications to existing major sources must obtain a preconstruction 

permit before beginning actual construction if they are located in the following areas: 

(1) An attainment or unclassified area if the source would cause or contribute to a 

violation of any national ambient air quality standard; or 

(2) An area designated nonattainment for any national ambient air quality standard if the 

source is major for the pollutant for which the area is 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 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 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 of basis, 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 

preconstruction permit must satisfy the following criteria before beginning 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 emission rate (LAER); 

• (3) Certification of compliance that all other major sources, major modifications, or 

reconstructed facilities that are owned, operated, or controlled by the 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 of a project that is a 

major modification. 

The owner or operator may apply for a pollution control project exclusion. The procedures 

for a pollution control project exclusion are those in 40 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 of the responsibility to comply 

fully with applicable provisions of this article or the Clean Air Act and any other requirements 

under local, state, or federal law. 

Submission of preconstruction 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 of these requirements must be absorbed by the proposed source. 

Source: 7 SDR 4, 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, effective November 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, 

effective January 2, 2005. 

General Authority: 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 emission limit in effect at the time the application to construct is 

filed, except that the offset baseline is the actual emission of the unit from which offset credit is 

obtained if the demonstration of reasonable further progress and attainment of ambient air quality 

• standards is based upon the actual emission of sources located within a designated nonattainment 

area; or if there is no applicable emission limit. 

In detennining credit for emission offsets the following criteria shall be met: 

(1) All offsets must be for the same pollutant, result in a net positive air quality benefit in 

the affected area, and be approved by the department before issuance of the permit, even though 

they need not be in effect until 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 be made through a revision of the permit conditions 

• of the participating source or sources. At no time may the baseline be exceeded; 

201 
(3) The permissible location of offsetting 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 be based on the emission limit for the 

type of fuel being burned at the time the application to construct is filed. If the 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 if permit conditions 

specify an alternative control measure that would achieve the same degree of emission reduction 

if the source switched back to 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 year before the date of submitting 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 

year before the date of submitting 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 may not be allowed for replacing one hydrocarbon compound with another 

of lesser reactivity; 

(7) Credit for emissions reduction may be claimed to the extent that the department has not 

relied on it in issuing a permit or in its demonstration of attainment or reasonable further 

progress; 

(8) If the emissions limit allows greater emissions than the potential to emit of the unit, the 

emission offset credit is allowed only for the control below the potential to emit of the unit; 

(9) Decreases in actual emissions resulting from the installation of add-on control 

technology or application of pollution 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; 

(1 0) Decreases in actual emissions occurring at a clean unit may not be used as offsets, 

except as provided in 40 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 may not be used as offsets, 

except as provided in 40 C.F.R. § 51.165(e)(6)(iv) (July 1, 2003 July 1, 2009); and 

(11) All emission reductions claimed as offset credit must be federally enforceable . 

203 
Source: 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 May 21, 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. 

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

Law Implemented: SDCL 34A-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 comply with the requirements in 40 C.F.R. § 51.165(a)(6)(i) to (v), inclusive, (Jlliy 

1, 2003 July 1, 2009). This section does not apply to projects at a clean unit or at a source with a 

plant-wide applicability limit. 

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 review upon a request 

for inspection by the 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 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005 . 

General Authority: SDCL 34A-l-6. 

204 

• 

• 
• 

• 

• 

Law Implemented: SDCL 34A-l-6. 

74:36:10:09. Clean unit test for emission units subject to lowest achievable emission 

rate. A clean unit test may be 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 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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 

clean unit is part of a project that is a major modification for a clean unit that 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 determined by the secretary in accordance with the provisions 

in 40 C.P.R.§ 51.165(d)(2) to (d)(ll), inclusive, (July 1, 2003 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6 . 

CHAPTER 74:36:11 

205 
PERFORMANCE TESTING • 

Section 

74:36:11:01 Stack performance testing or other testing methods. 

74:36:11:02 Secretary may require performance tests. 

74:36:11:03 Notice to department of performance test. 

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

74:36:11:01. Stack performance testing or other testing methods. All stack • 

performance tests or other test methods must be made 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 SDR 4, effective July 27, 1980; transferred from§ 44:10:05:01, effective July 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 January 2, 2005; 32 SDR 209, effective June 13, 2006. 

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

Law Implemented: SDCL 34A-l-12. 

CHAPTER 74:36:12 

CONTROL OF VISIBLE EMISSIONS 

• Section 

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

74:36:12:02 Exceptions to restrictions. 

74:36:12:03 Exceptions granted to alfalfa palletizes or dehydrators. 

74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may 

not discharge into the ambient air from a single unit of emissions an air pollutant of a 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). 

207 
Source: 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, effective June 13, 2006. 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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 of a density no greater than 30 percent opacity, as established by 

the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (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, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-6. 

208 

• 

• 

• 
• 

• 

• 

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 

CHAPTER 74:36:13 

CONTINUOUS EMISSION MONITORING SYSTEMS 

Secretary may require continuous emission monitoring systems (CEMS). 

Minimum performance specifications for all continuous emission monitoring 

systems. 

Reporting requirements. 

Notice to department of exceedance. 

Compliance determined by data from continuous emission monitor. 

Compliance certification. 

Credible evidence. 

Compliance assurance monitoring. 

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, 

effective June 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 of those 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 must be made available to 

the department on request. 

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. 

Law Implemented: 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 by the secretary in the permit to 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, 

effective June 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 compliance methods. 

Source: 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-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 of a plan. Credible evidence is as follows: 

(1) Information from the use of the following methods is presumptively credible evidence 

of whether a violation has occurred at the source: 

211 
74:36:16:01. 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 of this 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 of the Environmental Protection Agency. 

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. 

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

Law Implemented: SDCL 34A-1-18. 

74:36:16:02. Allowance system. The allowance system for 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. 

General Authority: 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 in 40 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 
CHAPTER 74:36:18 

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. 

Permit required. 

Time period for permits and renewals. 

Required contents of a complete application for a permit. 

Contents of permit. 

Permit expiration. 

Renewal of permit. 

Reasonably available control technology required. 

Visible emissions limit for construction and continuous operation activities. 

Exception to visible emission limit. 

Notice of operating noncompliance-- Contents. 

74:36:18:10. Visible emission limit for construction and continuous operation 

activities. The owner or operator of a state facility or state contractor may not 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 opacity for a series of two minute averages with a minimum of a total 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 be used to determine the opacity. 

Source: 28 SDR 178, effective July 1, 2002. 

General Authority: SDCL 34A-1-6. 

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

• CHAPTER 74:36:19 

MERCURY BUDGET TRADING PROGRAM 

(Repealed) 

8eetion 

74:36:19:01 GeneFal J9fOvisions. 

74:36:19:02 Designated fej9fesentative. 

• 74:36:19:03 Peftnits. 

217 
74:39:19:04 ,'\im:eal alloeatioR ofmereary allowaTJ:ees. 

74:39:19:05 8abmittiRg merOffi')' allovnmee alloeatiORS to the admifl:istrator. 

74:39:19:09 BaseliRe heat ill: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 ofmereury allowanees from ne'N l:lllit set aside aeeouRt. 

74:39:19:10 Meroory reclaetioR aeeount. 

74:36:19:11 Alloeation ofmeroory alloviaTJ:ees from mereury reeaetioR aeeount. 

74:36:19:12 P.pprwial of mereury 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 and reportiRg. 

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. 

Ceseral Aatharity: SDCL 34A 1 9, 34A 1 18. 

Law Implemested: 8DCL 34A 1 18. 

218 

• 

• 

• 
• 

• 

• 

. The followiag desigaated r6fJreseatative d l'efll'eseatatFie. 1 1 74·>•·••'"'· o........ 60 4!14 ""'"""""~ ., · · . CF.R.§§90.4II0to · ' f)fOYlSiOflS . . e ar iaeo=ora • 1' ted by refereaee. 40 . 

89uree: ' ' 

I A uth91'ity: SDCL 34 " A • I 9 ' 34A I I8. 

Law IIHfllemea e . 

t d by refereaee: 4 0 . . . flSOFJlOra e 74:36:19:93. Pei'HHts. . The followiag pemut . pr O'IJSlOflS , are 1 

C.F.R. §§ 90.4I20to 90 . · 4I24 ' iaelHsive (JHly I, 2005). 

89uree:. ' 

Geael'ali\u.t h 91'1 'ty· . SDC L ..,AA J9H I 9 ' 34A I I8. 

Law IIHfllemeated. . SDCL 34A I I8. 

1 t . f mel'eU:I'~ , a llewaaees. Tt-te t. annual al oea.to . RS of A 1 all9eati9H 9 ad for 74,,.,,.,.,_ -••• h2on;, 2,>04 """"" ""-• 

mer61:1f} , allo"·anees " for the eoatro 1 pen ·od ia 20 I 0 ilifoug 

20I8 and thereafter, lS . 92 8 ol:lflees per year. 

33 SDR 43 effeetive S6fJtem b r ~ I8 ' 2009. 

Geael'al Auth91'It}. 

Ltl')"f IIHfllemea t e d· · SDCL 34A I I8. 

219 
74:3&: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 of EPA 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. 

Law Implemented: 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. 

CeaeFal i•.dlthaFity: SDCL 3 4A I 9, 3 4A I I g. 

Law Implemeated: 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 a mereury badget unit that has established a baseline 

heat iEplit in aceordanee 'liith § 74:36:I9:06. If there 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 

• 

• 
• 

• 

• 

. f the baseline heat IRflU . '4: ef the e:x.isting mit . to the total amomt 

mercury allowances by the ratw o d" t the nearest vffiele alle'Nance as 

of baseline heat . , t ef all sueh eJnsting . . . t mi s and roun mg e IRfl-H 

Satuee: 33 8DR 43 ' effeetive 80j3teHr ber 18 ' 2006. 

GeaeFa I aU: • thaFity: 8DCL 34A 1 6, 34A 1 18. 

Law I1BJ3lemeate ..... SDCL 34A 1 18. 

74 "t t aside aeeaaa t . For eaeh cofbe tr l "'0fl0- .t' . d . Hi 2010 and thereafter, 

,.,,

1

9,08. 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 

allocatiOns . . m s s 74·36:19:04 · forcontrelpeno 

peno . d . m 2015 and thereafter. 

SauFee: 33 8DR 4 3 ' effeetive 8 Oj3teffit:l t..er 18 ' 2006. 

GeaeFall'·.,athaFity: . SD" CL34" • 16 34A 118. ' 

Law lmJllemea t e . a· 8DCL 34A 1 18. 

. f meFeUFt a · 

74:36:19:09. Allaeattaa 9 ., "l ale tea new unit. A nettV mit 

". '4l:it set asi "d e ace eufit ~ are ih ai a 

. Dawaaees fFam aev· •UBl-"t set aside aeeauat. 

from the new -H · cerdance 

M""""Y "

11

""""'" · b "lino h"" ~ 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 

account UBI t.l the first control peno . d for vffiieh tue n ·• 

221 
OBde< ! 74 ,,., !9o07. The ""'"'""' 

8

"- . . "' '"'''*" --• to the '""""""' 

h Hem Ufllt set asl 

. 4ed fepfesefltatPre · e f a He>" " lHl1 't lH ay su b Hll .t a fequest 

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 -l pOHe ' 

t atrel pene a 

eefltfe I . pene d ia 2010 er the fifs ee t fOOSt ae SuBHlitted eH transfef feEJ:ues 

. he Hlefeury 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 """" """"""'" . <>!lor""""'' "" feEJ:Hested. If the reEJ: -t of m'"""' . . ~1ewaHee shall be ' n . the ameUH 

h t eeHtrel penod, f e 

dol"""'"ol M -HOW UAit by""" .. ?".. l riod - - ....... le the -

d . the eefltre pe . fj' el'Rissioas ~mg 

11 

... ee as 

ef the tetal eUHees ef lHOf~ d. te the aeaFest ·.vhele <r ewaH 

. . f all SHefl feEJ:HeStS aHa f9UH mg , 0: fef 

eUHees e f lH 6f6Hi)' effl1SS19H e . · ag ia the He-n .., . UH it set aside aeeeun 

appmpnate. • 1 A rll3 , UHalleeated Hl6f6Ufj . al1mvanees felHaiHl 

the eefltfel pone . d shall be bankeEl fef fu.tl:lfe Hse. 

33 SDR 43 effeetive Sept6fflb6f 1 g, 2006. 

Ceneral,'\utllaFlt}. 

LwN hBfJlelHeBte d· ' SDCL 34A 1 1g. 

daetian aeeaaB . . , 74-3..,9· 10. M-oy " . ,

1

.,_.,

00

,. The ,......., • , • Jl 6f6l:li'y Yi 

HI • feduetiea aeeeuflt «Jf lH 

t Fef eaeh eefbe tr I pene . d. lH 2010 and th6feaftef, 

. Boll '*"""""' a """<r't f ''" """""' "'"""""' ""' allmvaHees """"" fef ' l ""' ""' ... - ' the Hl6f6Ufj . feduetieH aeeel:lflt shal eEJ: 

222 

• 

• 

• 
• alloeatwHs . . s m s 74·36:19:04 . for eoetro l pen ·oa iH 2010 trlfol:!;sn ,_ ah 2014 ' aFHi four pereeffi for eoetrol 

pono . a. m 2015 aHa thereafter. 

Souree: 33 SDR ' 43 ' offoetivo September 18, 2006. 

Ceueral l'· .. ut h on 'ty· · SDCL 34A 1 a, 34A 1 18. 

Law lmJJlemeut ed· .SDCL 34A 1 18. 

• 

• 

"' 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. 

r . allowaueesrom f mereur) . reduetiou aeeauut. 

. · allow""'" -<he...,_ <h m....., '""""

1

' fe< 

Morel:lfY . . eoHtro1s FHOaHs . . oetro1s. gost FHeFGl:lfY 0 . 

lffiit that aehiovos best FHoreton-y e l 90 '"OreoHt eoetro1 of tho FHOrGrn) 

thaH or o~a to " . m it aehio~·o greater tr 1 is 

aFI o~ns . f I Hg UHit or HOw Ufr . t that aehtovos . b o 

st FHereury eo~o . . 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 ropresoetath 0 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 

"'"" <he ""'""' pened m " ~ " , 

1 

Ml" <he e.-! P"'"

b -bFHittoa OH or before Fe ru I) . 0 c uost FHUst O su llomaneos """,,,.,., '""""" ... ( ' .... <he - ~ " 

os are ro~os t o . a If tho reEJ:l:!OSt.::s} O~< 01 

"'t.. h tho fHOfeU£Y allOWaHG h 11 be aotonHiHOa for eae 

"Hie . . al1owaHeo SHa . a tho aFHOl:lflt of FHeretu-y . 

. , ;, <he e.-! pene , . u.,..,.,., loy"" ""' 

avai a . . t 1 aFHOUHt of FHoreury a " . b . FHUltipl)'IHg tho to a h 

o~<isting uHit aHd/or How l:IHity . of eoetro1 offieien.eios of all sue 

of tho FHorsury eoH vo1 r offieioHey for a roEJ:ues t to tho SUFHFHatlOH 

223 
relfliests and roundiag to the aeaTest whole allowaaee as aJ9J9FOpriate. Aay malloeated merem-y • 

allowaaees remaiaiag ia the mereary reduetioa aeeomt for the eeatrel veried shall ee banked for 

futl:lre use. 

Saaree: 33 SDR 43, effeetive Sevteraeer 18, 2006. 

Geaerall· .. athaf'ity: SDCL 34A 1 6, 34A 1 18. 

Law lmf)lemeated: SDCL 34A, 1 18. 

74: J6 ::. 19 12 Apl)FOYal af mereHf1' allawaaees fram Hew a&it set aside aeeaaat and 

merea.ry re d ae t" IaH aeeaaa t . The deJ9artnleffi "'ill ~ re"iem v " eaeh mereary allowanee relfliest from 

the aew Uil:it set aside aeeeunt aad mereary reduetioa aeeoffilt aad traasfer mereary allowaaees to 

the mereary allowaaee traekiag system eom)9hanee · aeeouffi «Jr t; eae--h eofbo tr 1 .. P eriod pursuaat to 

sueh relfliests 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§ 7 4 :3 6: 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 

• 

• 
• 

• 

• 

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

tb• ...,_,. '"'"'" -II ...... , "' '""""'"' "'" "'h. 4 the mersury a ev. '"'1 ftheyearfor .. te "ttaan 

Ht by Oetober" o 

4

ati"e that submt e aeeel:l , aesigsatea fefJFeSefl ' ·u etify eash mer61:11) h 

(4) The aepartmeffi Wl H that are tfansferrea to t e 

f merOl:H)' allewanees t f the amouHt e :fl 

......... '""""""" ..... ~ . ' . ,,_ ·-""'"' """""" "" llo"'anee tfa61{tHg J mereury d . ttestgs atea represeHtattves . me ;-eury a ~< 

the eoHtFol pene . ee"er a ' ea by the FeEJ:l:leSt. 

SeuFee: ~~ SDR 4~ effeetive Septem b t7 r 18 ' 2006. '" ' 

CeBeFal AutheFity: SD, Gb ~4 A • I 6 ' ~4A 1 18. 

Law lmplemeBted: SDGb ~4 .. A 1 18. 

. , tem. The follewiHg allmvanee tFae<mg I · system 

tFaelrmg S}S . (l1:il"' 1 

previsieHs are meo£flera . 4eEl by re~eHe . . § § 60. 4151 te 6 0 · 4 15 7 ' iHeluswey ' 

SeuFee. . ~~ SDR 4~, effeetive SefJteBPe b r 18 ' 2006 . 

CeBeFal } .. utheFity: SD, Gb~4A • 16 , ~4A 118. 

Law ImplemeB t e. d· SDGb ~4A 1 18. 

4 \lle~"aBee tFaBS feFs • The followiHg allowaHee tFansw "er "'Fe"isioHs P • are 

74 ,,., 19,1-. r2 . I ,;. ,

9 

(Joly I, 2005). 

1H60Ffl6F . atea bv J refereaee: 40 G.F. R . §§ 60.4160 to 60.416 'me u ' 

SeuFee: ~~ SDR 4~ ' effeetive SefJtember 18, 2006 . 

225 
CeaeFall· .. utltoFity: 8DCL 34A 1 6, 34A 1 18. 

Law Implemeated: 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. 

Law Implemeated: 8DCL 34A 1 18. 

CHAPTER 74:36:20 

CONSTRUCTION PERMTIS FOR NEW SOURCES OR MODIFICATIONS 

74:36:20:01 Applicability. 

74:36:20:02 Construction permit required. 

74:36:20:03 Construction permit exemption. 

74:36:20:04 Emission unit exemptions. 

74:36:20:05 Standard for issuance of construction permit. 

74:36:20:06 Timely and complete application for a construction permit required. 

74:36:20:07 Required contents of complete application for a construction permit. 

74:36:20:08 Applicant required to supplement or correct 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 participation in permitting process. 

74:36:20:12 Public review of department's draft permit. 

74:36:20:13 Final permit decision-- Notice to interested persons. 

74:36:20:14 Right to petition for contested case hearing. 

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

74:36:20:16 Administrative permit amendment. 

74:36:20:17 Procedures for administrative permit amendments. 

74:36:20:18 Reopening construction permit for cause. 

74:36:20:19 Procedures to reopen construction permit . 

74:36:20:20 Construction permit does not exempt from other requirements. 

74:36:20:21 Expiration of a construction permit. 

74:36:20:22 Notice of constructing or operating noncompliance-- Contents. 

74:36:20:23 Petition for contested case on alleged violation. 

74:36:20:24 Circumvention of emissions not allowed. 

74:36:20:01. Applicability. The requirements of this chapter apply to the construction of 

all new sources or modifications to existing sources. 

Source: 

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

Law Implemented: SDCL 34A-l-21. 

227 
74:36:20:02. Construction permit required. A person may not construct, install, modify, 

or operate any source or unit likely to cause the emission of air pollutants into the ambient air or 

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

construction permit has been issued by the 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 exempt from obtaining a construction permit: 

(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 that meets the exemption requirements 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 or household waste; 

(2) A mobile internal combustion engme, including those m autos, trucks, tractors, 

airplanes, locomotives, and boats; 

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

( 4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except 

• for units fueled with wood or coal; 

• 

(5) An air conditioning or ventilating system not designed to remove air pollutants from 

equipment; 

(6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring 

roofs, or paving parking lots; 

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

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

unit must be included in determining whether the source is 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 be included in determining whether the source is required to obtain 

a construction permit. • 

Source: 

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

Law Implemented: SDCL 34A-1-21. 

74:36:20:05. Standard for issuance of construction permit. A construction permit for a 

new source or modification to an existing source may be issued only if it has been shown that the 

operation of the 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 or modification to an 

existing source must comply with emission limits and other requirements of the 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 justified under SDCL 34A-1-19. 

Source: 

General Authority: 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 of commencing construction of the new source or modification to an 

existing source. An application is complete if it meets the requirements 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 of complete application for a construction permit. An 

application for a construction permit for a new source or modification must include the following 

• information to be considered a complete application: 

• 

(1) The following general company information: 

(a) The company name and address or the plant name and address if different from the 

company name; 

(b) The owner's name and agent, and 

(c) The plant site manager or contact; 

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

(3) The following information on emissions: 

(a) Identification and description of all emission units; 

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

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

231 
(d) Limitations on source operation affecting emissions or any work practice standards, • 

if applicable, for all regulated air pollutants; 

(e) Other information required by any applicable requirements, including information 

related to stack height limits, such as the location of emissions units, flow rates, building 

dimensions, and stack parameters, including height, diameter, and plume temperature, for all 

pollutants regulated at the source; 

(4) If available, a copy of any prepared plans and the specifications of any equipment or 

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

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

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

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

(8) Any other information requested by the department that is relevant to determining • 

compliance with the act or the Clean Air Act. 

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

Source: 

General Authority: 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. If the applicant 

is aware that the application is incomplete or that any relevant facts or information contained in 

an application are incorrect, the applicant shall submit the supplementary facts or corrected 

information. The applicant shall provide additional information as necessary to address • 

232 
• requirements that become applicable after the application is filed but before the release of the 

draft permit. 

Source: 

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

Law Implemented: SDCL 34A-1-21. 

74:36:20:09. Permit application -- Completeness review. The department shall conduct 

a completeness review of each permit application received, as follows: 

(1) Within 30 days after submission of an application for 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 information necessary to evaluate or take final action on the application; 

(2) If the application is incomplete or additional information is necessary to evaluate the 

application, the department shall identify the items required to complete the application. The 

applicant has 20 working days after receipt of an incomplete notification or request for additional 

information to submit the information, unless an extension beyond the 20 working days is 

approved by the department; and 

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 if the application is or is 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 of a construction permit within 180 days after the submission of a 

complete application and all other additional information necessary for the department to make 

an informed decision. A recommendation to issue a permit shall include a draft permit with 

appropriate conditions to ensure compliance with the act or the Clean Air Act. Failure of the 

department to act on an application entitles the applicant to petition for and obtain a contested 

case review of the application without waiting for a department recommendation. The petition 

must conform to the requirements of article 74:09. 

Source: 

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 of the draft permit to the applicant. The department shall publish a public notice of the draft 

permit once in a legal newspaper in the county where the source is located. The notice must 

include a brief statement describing the source and where it is located; the department's 

recommendation and the reasons for it; the activity or activities involved in the permit action; a 

statement that a person may submit comments or contest the draft permit within 30 days after the 

publication of the notice; a description of the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09; and a statement describing where 

copies of the draft permit or other information may be obtained. The department shall provide to 

the interested parties a 30-day notice of any hearing to contest a draft permit. 

Source: 

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 of this article or the 

requirements of the Clean Air Act. 

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 of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person that submitted 

written comments or requested notice of the final permit decision. The notice shall include 

reference to the procedures for contesting the final permit decision and requesting a hearing in 

accordance with article 74:09. For the purpose of this section, the final permit decision means 

proposing a permit or denying a permit. 

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

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

under the following conditions: 

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

(2) A contested case hearing is requested; or 

(3) No comments or request for changes in the draft permit were received during the 

public comment period on the draft permit. In this case, the draft permit automatically becomes 

the final permit decision and the final permit is issued at the end of the public comment period . 

Source: 

236 

• 

• 

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

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

74:36:20:14. 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 may petition to intervene and request a hearing if the person has 

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

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

the notice required by § 74:36:20:11. 

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 after receiving the department's final permit decision. 

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

draft permit or final permit decision to the board for action in accordance with article 74:09. 

Source: 

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

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

• 

237 
74:36:20:15. Contents of construction permit. A construction permit shall include the 

following: • 

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

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

a permit; 

(3) The type of operation; 

(4) The facility and mailing address; 

(5) The date the construction permit was granted; 

(6) A number for administrative reference; 

(7) The timeline for submitting a timely and complete application for a minor source 

operating permit or Part 70 source operating permit; 

(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 of the act 

and the Clean Air Act; 

(1 0) 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 if any portions of the permit are challenged; and 

(12) Provisions stating the 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 

exclusive privilege; and 

(c) The permittee shall provide any information, including records, requested in writing 

by the 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 of the change 

and documentation supporting the applicant's claim that the revision qualifies as an 

administrative permit amendment. 

Source: 

General Authority: 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 the procedural requirements applicable to obtaining a construction permit. 

Source: 

General Authority: 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 if the department determines that the permit contains a 

material mistake in establishing the emissions standards or limits or other requirements of the • 

construction permit or the department determines that the construction permit must be revised to 

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

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 notify the 

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 construction permit and shall affect only those parts 

of the 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 of a 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 or requirements of the Clean Air Act. 

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 if the 

construction of the new source or modification to an existing source has not commenced within 

18 months after the effective date of the construction permit, if construction is discontinued for a 

period of 18 months or more, or if construction is not completed within ten years of the effective 

date. If a construction permit expires, the applicant's authority to commence construction or 

• complete construction of the new source or modification to an existing source is terminated. 

241 
Source: • 

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

Law Implemented: SDCL 34A-1-21. 

74:36:20:22. Notice of constructing or operating noncompliance-- Contents. If the 

department determines that the construction or operation of a source is not in compliance with 

this article, the Clean Air Act, or permit conditions, the department may issue a notice of such a 

finding to the permit holder or operator of the source. The notice must contain citations to the 

rules, statutes, or permit conditions violated and the alleged facts upon which the determination 

is based. The secretary, with the concurrence of the alleged violator, may settle an issue of 

noncompliance by entering into a compliance agreement with the source that specifies the date • 

for final compliance of the source and any penalties under SDCL 34A-1-39. If a compliance 

agreement is not negotiated, the department may petition the chairman of the board for a 

contested case hearing or may file a civil penalty or injunctive action in circuit court. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 of chapter 74:09:01, or to request 

that the construction permit be suspended or revoked for noncompliance. 

Source: 

General Authority: SDCL 34A-1-6. 

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

74:36:20:24. Circumvention of emissions not allowed. A person may not install or cause 

the installation or use of a device or a means that conceals or dilutes an emission of air pollutants 

that would otherwise violate this article or the Clean Air Act. This includes operating a source, 

unit, or control device that emits pollutants into the ambient air from an opening other than the 

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

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 of State Chris Nelson 

Kyrik ~~&u-gh, Natural Resources Engineering Director 

Air Quality Program 

Final Rules of Amendments to ARSD 74:36 - Air Pollution Control 

Program 

I have enclosed a packet pertaining to the final rules of the amendments to ARSD 74:36- Air 

Pollution Control: 

The enclosed packet contains the following documents: 

• The original certificate of the Chairman of the Board of Minerals and Environment; 

• A copy of the Board of Minerals and Environment's approval; and 

• A copy of the final rules, which show the changes to the current printed rules with overstrikes 

and red coloring for deletions and underscores and blue coloring for additions 

If you have any questions, please contact me at (605) 773-3151. 
• 

• 

• 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

APPROVAL OF RULES 

Following a public hearing held on April 15, 2010, the following rule revisions, attached, are 

approved and will become effective twenty days after filing with the Secretary of State: 

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 of chapter 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 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 of chapter 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 MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

APPROVAL OF RULES 

Following a public hearing held on April 15, 2010, the following rule revisions, attached, are 

approved and will become effective twenty days after filing with the Secretary of State: 

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 of chapter 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 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 of chapter 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 certify that I am a duly appointed member and the duly 

elected chair of the Board of Minerals and Environment and that the attached instruments are 

full, true, and correct copies of the following rules adopted by the Board of Minerals 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 of chapter 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 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); 

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 of chapter 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. 

I further certify that SDCL 1-26-4 and 1-26-6 were complied with in the adoption of these rules. 

These rules will become effective twenty days after filing with the Secretary of State. 

Subscribed and sworn to 

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 of the Board of Minerals and Environment and that the attached instruments are 

full, true, and correct copies of the following rules adopted by the Board of Minerals 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 of chapter 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 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 74:36:10:1 0) 

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 of chapter 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. 

I further certify that SDCL 1-26-4 and 1-26-6 were complied with in the adoption of these rules. 

These rules will become effective twenty days after filing with the Secretary of State. 

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 . ____ day of 
• 

• 

•• 

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 

AIR POLLUTION CONTROL PROGRAM 

Definitions. 

Ambient air quality. 

Air quality episodes. 

Operating permits for minor sources. 

Operating permits for Part 70 sources. 

Regulated air pollutant emissions. 

New source performance standards. 

National emission standards for hazardous air pollutants. 

Prevention of significant deterioration. 

New source review. 

Performance testing. 

Control of visible emissions. 

Continuous emission monitoring systems. 

Variances, Repealed. 

Open burning, Transferred or Repealed. 

Acid rain program. 

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 in the Rapid City area. 

Mercury budget trading program, Repealed. 

Construction permits for new sources or modifications. 

CHAPTER 74:36:01 

DEFINITIONS 

Definitions. 

Repealed. 

Administrative permit amendment defined. 

Affected states defined. 

Applicable requirements of the Clean Air Act defined. 

Complete application defined. 

Repealed. 

Major source defined. 

Categories of sources defined. 

Modification defined. 

National ambient air quality standard (NAAQS). 

Potential to emit defined. 

• 

• 

• 

2 
• 

• 

• 

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 weight rate defined. 

Repealed. 

Regulated air pollutant defined. 

Responsible official defined. 

Repealed. 

Municipal solid waste landfill defined. 

Existing municipal solid waste landfill defined. 

74:36:01:20 Physical change in or change in the method of operation defined. 

74:36:01:21 Commenced construction defined. 

74:36:01:01. Def"mitions. Unless otherwise specified, the terms used in this article mean: 

(1) "Act," chapter 34A-1 of the South Dakota Codified Laws; 

(2) "Acid rain permit," a legally binding written document or portion of a document that is 

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 of the affected 

source; 

(3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution 

control and emissions reduction program established in accordance with Title IV of the Clean Air 

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 Clean Air Act; 

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or 

emission limits pursuant to Title N of the Clean Air Act or chapter 74:36:16; 

(7) "Air pollutant," one or a combination of the regulated air pollutants listed in§ 74:36:0 

(8) "Allowable emissions," the emission rate calculated using the maximum rated capacity 

of a source unless the source is subject to federally enforceable limits which restrict operating 

rate, hours of operation, or both, and the most stringent of the following: 

(a) The applicable new source performance standards in chapter 74:36:07; 

(b) The applicable national 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 emission rate specified as a permit condition; or 

(e) The applicable standards in 40 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 public has access; 

(1 0) "ASTM," the American Society for Testing and Materials; 

(11) "Board," the Board of Minerals and Environment; 

(12) "Btu," British thermal unit; 

(13) "CO," carbon monoxide; 

(14) "Chairman," chairman of the board; 

(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 

• 

• 

• 
• 

• 

• 

(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 which prevents or reduces 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 Dakota Department 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 of and compliance with permits, permit applications, and 

compliance plans for the unit; 

(21) "Draft permit," the version of a permit for which the department offers public 

participation or affected state review; 

(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) "Emission unit," "Unit," any part or activity of a stationary source which emits or has 

the potential to emit a regulated air pollutant regHlateElmEler or any pollutant listed under section 

112{b) of the aet Clean Air Act; 

(25) "EPA," the Environmental Protection Agency; 

(26) "Equivalent method," any method of sampling and analysis for an air pollutant which 

has a consistent and quantitatively known relationship to the reference method under specified 

conditions; 

(27) "Existing source," a source that has an approved state-issued variance or permit; 

(28) "Facility," a building, structure, or installation of pollutant-emitting activities which 

belong to the same industrial grouping, located on one or more contiguous or adjacent properties 

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 if they belong to the same major group, i.e., have the same two-digit code, as described 

in the Standard Industrial Classification Manual, 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 in 40 C.F.R. §§ 60 and 61 (My 

1, 2005 July I, 2009), requirements within the state implementation plan, and permit 

requirements established pursuant to this article or 40 C.F.R. §51 Subpart I (July 1, 2005 July I, 

2009). The use of this term does not impede the department's authority under state law to enforce 

these limits and conditions; 

(30) "Final permit" the version of an operating permit issued by the permitting authority 

for a source that has completed all required review procedures; 

6 

• 

• 

• 
• 

• 

• 

(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 of burning fuel or other combustible material for the primary 

purposes of producing heat or power by indirect heat transfer; 

~ (32) "Fugitive emissions," those air pollutants which could not reasonably pass 

through a stack, chimney, vent, or other functionally equivalent opening; 

f341 .Qll "General permit," a permit issued by the board in accordance with SDCL 34A-1-

56 that may be made 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 maximum input, whichever is greater; 

~ .Qi} "Incinerator," a furnace used to bum solid waste to reduce the volume of the 

waste by removing its combustible material; 

~ .Q§). "Malfunction," any sudden and unavoidable failure of air pollution control 

equipment or process equipment or of a process to operate in a normal or usual manner, but not a 

failure caused entirely or in part by poor maintenance, careless operation, preventable equipment 

breakdown, or any other cause within the control of the owner or operator of the source; 

~ Ql} "Minor source," a source whose potential emissions of a criteria pollutant are 

less than 100 tons a year and which does not meet the definition of a Part 70 source; 

(39) "~'kmieipal tyj:le solid waste," 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 source review; 

~ .{11} "Opacity," the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background; 

(441 (42) "Open burning," the burning of any 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, or chimney; 

~ (43) "Operating permit," a written authorization issued by the board or the secretary 

for the eoRstrl:letioR or operation of a 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 of permits covering a Part 70 

source that is issued, renewed, amended, or revised; 

~ (47) "Part 70 source," any source subject to§ 74:36:05:03; 

~ ~ "Particulate matter," a broad class of chemically and physically diverse 

substances that exist as discrete particles, liquid droplets, or solids over a wide range of sizes; 

~ (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 

• 

• 

• 
• 

• 

• 

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 

minor permit 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 of the foregoing; 

~ ~ "PMlO," particulate matter with an aerodynamic diameter less than or equal to a 

nominal ten micrometers as measured by an applicable reference or equivalent method; 

~ .Gl} "Proposed Part 70 operating permit," a permit that the department has forwarded 

to EPA for review after the closure of the public notice period and after considering any public 

comments, including those from affected states; 

~(54) "PSD," prevention of significant deterioration; 

~Gil Repealed; 

~ 00 "Salvage operation," an operation conducted in whole or in part for the 

reclaiming of product or material; 

~ill.} "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative; 

t6Qj _GID "Shutdown," the cessation of operation of any control equipment, process 

equipment, or process for any purposes; 

(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 a visible plume in the air; 

9 
~ (60) "Source," a facility that emits or may emit any air pollutant regulated under the 

Clean Air Act; 

~ .(Q.ll "Start-up," the setting into operation of any control equipment, process 

equipment, or process for any purpose; 

fM1 (62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and 

maintenance of national ambient air quality standards; 

(65) "Title II," Title II of the CleaR Air Aet :AffieRdments, provisioHs relatiHg to mobile 

SOHFSes; 

(66) "Title III," Title III of the CleaR Air i\et AmeHdmeRts, hazarcloHs air polh;tants; 

~ .(Qll "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control; 

~ (64) "Title V," Title V of the Clean Air Act Amendments, 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 of the Clean Air Aet AmenameHts, miseellaHeoHs provisioHs; 

(72) "Title IX," Title IX of the CleaR Air Aet 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 

Of has the potential to emit a pollHtaHt regHlatea tmaer the Aet; 

10 

• 

• 

• 
• 

• 

• 

f+61 (66) "Variance," a written authorization issued by the board to operate a minor source 

in an attainment area that is not in compliance with certain portions of the 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, whleh ha-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 24 5: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 

11 
methm<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;); ana J9erfluoroearboE: eomJ90UE:as whieh fall iE:to these elassos: 

(a) Cyslie, araH:ehea, Of liE:ear 60ffij9letoly fluoriE:atoa alkaH:es; 

(b) Cyelie, bffiflehea, or liaear eoffij9letely fluoriE: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 in 40 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 through the thermal destruction of solid waste materials; 

f791 (69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a 

nominal2.5 micrometers as measured by an applicable reference or equivalent method; 

~ (70) "802," sulfur dioxide; aJ:ld 

f&BJ11l"N02," nitrogen dioxide~ and 

(72) "Construction permit," a written authorization issued by the board or the secretary for 

the construction and operation of a new source or modification to an existing source. 

12 

• 

• 
• 

• 

• 

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, effective January 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 of Management and Budget. Copies may be obtained from National Technical 

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

100012. Cost: $31. 

74:36:01:05. Applicable requirements of the Clean Air Act defmed. Applicable 

requirements of the Clean Air Act include all of the following as they apply to emissions units in 

a Part 70 source, unless the context of the Clean Air Act requires otherwise: 

(1) Any standard or other requirement provided for in the applicable implementation plan 

approved or promulgated by EPA through rulemaking under Title I of the Clean Air Act that 

13 
implements the relevant requirements of the Clean Air Act, including any revisions to that plan • 

promulgated in Part 52 of 40 C.F.R. (Ja-ly 1, 2005 July 1, 2009); 

(2) Any term or condition of any preconstruction permits issued pursuant to regulations 

approved through rulemaking under Title I, including Parts C or D, of the Clean Air Act; 

(3) Any standard or other requirement under § 111 of the Clean Air Act, including 

§111(d); 

(4) Any standard or other requirement under § 112 of the Clean Air Act, including any 

requirement concerning accident prevention under§ 112(r)(7) of the Clean Air Act; 

( 5) Any standard or other requirement of the acid rain program under Title IV of the Clean 

Air Act or the regulations promulgated under it; 

(6) Any monitoring, reporting, and certification requirements established pursuant to 

§ 504(b) or 114(a)(3) of the Clean Air Act; 

(7) Any standard or other requirement governing solid waste incineration, under§ 129 of 

the Clean Air Act; 

(8) Any standard or other requirement for consumer and commercial products, under 

§ 183(e) of the Clean Air Act; 

(9) Any standard or other requirement for tank vessels, under § 183(f) of the Clean Air 

Act; 

(1 0) Any standard or other requirement of the program to control air pollution from outer 

continental shelf sources, under § 328 of the Clean Air Act; 

(11) Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Clean Air Act, unless the administrator of the EPA has 

determined that such requirements need not be contained in a Part 70 operating permit; and 

14 

• 

• 
• 

• 

• 

(12) Any national ambient air quality standard or increment or visibility requirement under 

Part C of Title I of the Clean Air Act, but only as it would apply to temporary sources permitted 

pursuant to § 504( e) of the Clean Air Act. 

Source: 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; 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 in the 

method of operation of a source that results in at least one of the following: 

(1) An increase in the amount of an air pollutant emitted by that source or in the emission 

of an air pollutant not previously emitted; 

(2) A significant change to existing monitoring, reporting, or recordkeeping requirements 

in the permit; 

(3) The change requires or changes a case-by-case determination of an emission limit or 

other standard, a source-specific determination for temporary sources of ambient impacts, or a 

visibility or increment analysis; or 

(4) The change seeks to establish or change a permit term 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 

15 
a modification under any provision of Title I, or an alternative emissions limit approved pursuant • 

to regulations promulgated under§ 112(i)(5) of the Clean Air Act. 

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 change in or a change in the method of operation does not include the following: 

(1) Routine maintenance, repair, and replacement; 

(2) Use of an alternative fuel or raw material because of an order under§§ 2(a) and (b) of 

the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on 

January 1, 1993, or because of a natural gas curtailment plan pursuant to the Federal Power Act 

as in effect on January 1, 1993; 

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

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

solid waste; 

16 

• 

• 
• 

• 

• 

(5) An increase in the hours of operation or in the production rate, unless the change is 

prohibited under a federally enforceable permit condition which was established after January 6, 

1975, pursuant to 40 C.F.R. § 52.21 (July l, 2005 July l, 2009), or under regulations approved 

pursuant to 40 C.F .R. Part 51, Subpart I, or 40 C.F .R. § 51.166 (July 1, 2005 July 1, 2009); 

( 6) Any change of ownership at a source; 

(7) The use of an alternative fuel or raw material by a source which the source was capable 

of accommodating before January 6, 1975, unless the change is prohibited under a federally 

enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R. 

§ 52.21 (July 1, 2005 July 1, 2009), or under regulations approved pursuant to 40 C.F.R. Part 51, 

Subpart I, or 40 C.F.R. § 51.166 (July 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 pursuant to 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 

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

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

new source or modification to the existing source; or 

17 
(2) Entered into a binding agreement or contractual obligation, which cannot be cancelled • 

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

construction of the source. 

Source: 

General Authority: SDCL 34A-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 

CHAPTER 74:36:02 

AMBIENT AIR QUALITY 

Air quality goals. 

Ambient air quality standards. 

Methods of sampling and analysis. 

Air quality monitoring network. 

Ambient air monitoring requirements. 

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 

• 

• 
• 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 of air pollutants. 

• 

• 

Source: SL 1975, ch 16, § I; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:02, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:02:02, effective July 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 January 2, 2005; 32 SDR 209, effective June 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 

equivalent method designated in accordance with 40 C.P.R. Part 53 (Jaly 1, 2005 July I, 2009) . 

19 
Source: SL I975, ch I6, §I; 2 SDR 40, effective December 7, I975; transferred from • 

§ 34:I0:02:II, 7 SDR 4, effective July 27, 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. 

General Authority: 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 quality monitoring network as required by 40 C.P.R. § 58.20 (.fuly 

1, 2005 July I. 2009). 

Source: I9 SDR I 57, 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 

January 2, 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 

• 

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

three years. 

• 

• 

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 

January 2, 2005; 32 SDR 209, effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-15. 

CHAPTER 74:36:03 

AIR QUALITY EPISODES 

Section 

74:36:03:01 Air pollution emergency episode. 

74:36:03:02 Episode emergency contingency plan. 

74:36:03:01. Air pollution emergency episode. The proclamation of an air pollution 

emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.F.R. 

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

21 
pollutants in any place is attaining or has attained levels which could, if such levels are sustained • 

or exceeded, lead to a substantial threat to the health of the public. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:22, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:02:17, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:17, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-15. 

74:36:03:02. Episode emergency contingency plan. The department shall develop an 

episode emergency contingency plan and maintain it following the requirements in 40 C.F.R. 

§ 51.152 (July 1, 2005 July 1, 2009). The department shall reevaluate the contingency plan in 

accordance with the requirements in 40 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, effective January 2, 2005; 32 SDR 209, effective June 13,2006. 

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

Law Implemented: SDCL 34A-1-15. 

CHAPTER 74:36:04 

22 

• 

• 
• 

• 

• 

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 FOR MINOR SOURCES 

Applicability. 

Pemlit Minor source operating permit required. 

Minor source operating permit exemption. 

Operating permit Emission unit exemptions. 

Minor source operating permit variance. 

Standard for issuance of operating permit. 

Time period for operating permits and renewals. 

Timely and complete application for operating permit required. 

Required contents of complete application for operating permit. 

Applicant required to supplement or correct application. 

Permit application-- Completeness review. 

Time period for department's recommendation. 

Department's reeommenaation on operating permit. Repealed. 

Public participation in permitting process. 

Public review of department's draft permit. 

Final permit decision-- Notice to interested persons. 

Right to petition for contested case hearing. 

Contents of operating permit. 

Operating permit expiration. 

23 
74:36:04:17 Renewal of operating permit. 

74:36:04:18 Operating permit revision. 

74:36:04:19 Administrative permit amendment. 

74:36:04:20 Procedures for administrative permit amendments. 

74:36:04:20.01 Minor permit amendment required. 

74:36:04:20.02 Requirements for minor permit amendment. 

74:36:04:20.03 Application for minor permit amendment. 

74:36:04:20.04 Department deadline to approve minor permit amendment. 

74:36:04:21 Permit modifications. 

74:36:04:22 Source status change-- New permit required. 

74:36:04:23 Reopening operating permit for cause. 

74:36:04:24 Procedures to reopen operating permit. 

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 of operating noncompliance-- Contents. 

Petition for contested case on alleged violation. 

Repealed. 

Circumvention of emissions not allowed. 

General permits. 

Secretary may require an individual permit. 

24 

• 

• 

• 
• 

• 

• 

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 operating permit has been issued by the board or the secretary. 

Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:03.01, 7 SDR 

4, effective July 27, 1980; transferred from§ 44:10:01:08, effective July 1, 1981; 13 SDR 129, 

13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:08, 19 SDR 157, effective 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 

exempt from obtaining a minor source operating permit: 

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

except lead, before the application of control equipment; and 

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

industry, manufacturer, or business. 

Source: 

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 

emission units are exempt from ebtaining inclusion in a minor source operating permit unless the 

source has requested federally enforceable permit conditions related to the emission unit to avoid 

needing a Part 70 operating permit, er a pnwentien ef signifieant aeterieratien PSD 

preconstruction permit. or NSR preconstruction permit: 

(1) f, faeility eperating an ineinerater er One or more incinerators ofless than 100 pounds 

per hour combined burning capacity that combust municipal or household waste; 

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

airplanes, locomotives, and boats; 

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

(4) A lffi-it fueled by nat'W'al gas that is 1:1sed ~•el1:1sively fur spaee heating; 

W .{±}A unit that has a heat input capability of not more than 3,500,000 Btus per hour, 

except for units fueled with wood or coal; 

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. or paving parking lots; and 

(7) An emergeney eleetrieal generater pmverea by petrel61:lfB preSl:lets; 

(g) A faeility that has the petential te emit 25 tens er less per year ef any eriteria pelllftant, 

eJteept leas, befere the applieatien ef eentrel eEJ:l:lipment; 

(9) A 1:1nit fueled by waste eil meeting the reEj:l:lirements ef § 74:2g:27:01; 

26 

• 

• 

• 
• 

• 

• 

fWt--(1} A unit that has the potential to emit two tons or less per year of any criteria 

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

from the unit must be included in determining if whether the source is a minor sourc~ 

(11) An:y other soaree eoastrneteEl for Elomestie )3\:lFflOSes aFla Rot iRtORaeEl for ase by an 

iaElastry, maaafaetarer, or basiaess. 

A soaree or An emission unit that is exempt from permitting l:lfl:aer saeaivisioas (1) to fWh 

iaelasi're, must still meet the visible emission restriction in§ 74:36:12:01. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:16, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:25, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:01:25, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 

1999; 31 SDR 101, effective January 2, 2005. 

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

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

Cross-References: Operating permits for Part 70 sources, ch 74:36:05; Prevention of 

significant deterioration, ch 74:36:09. 

74:36:04:03.01. Minor source operating permit variance. The owner or operator of a 

minor source may request a variance from applicable emission standards. The variance will allov; 

27 
allows the minor source to operate in noncompliance with applicable emission standards. A • 

minor source is eligible for a variance if it is located within an area that is in attainment for all 

regulated air pollutants for which the source is requesting a variance. The minor source may not 

receive a variance if the source obtained a minor source operating permit by accepting federally 

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

The owner or operator desiring to obtain a variance must submit an application. The 

application must include the same provisions required by§ 74:36:04:07, the requirements and a 

compliance plan for which a variance is requested, and the facts relevant to establishing the 

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

will be taken to come into compliance and the completion date for each step. 

The board shall hold a hearing on the department's recommendation on a request for a 

variance. Any person affected by the recommendation or any person interested in testifying either 

for or against the department's recommendation may submit written comments to the department 

or present oral testimony before the board at the hearing. After the hearing is closed, the board 

may eithef amend and approve, deny, or adopt the department's recommendation. 

2005. 

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

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

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

28 

• 

• 
• 

• 

• 

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

Note: The procedural requirements for obtaining a variance are similar to the procedural 

requirements for obtaining a minor source operating permit, such as a timely and complete 

application, completeness review, statement of basis, public participation, and department 

recommendation, as outlined in§§ 74:36:04:06 to 74:36:04:12, inclusive. 

74:36:04:04. Standard for issuance of a minor source operating permit. An operating 

permit for a Hew source or permit meffifieatien revision may be issued only if it has been shown 

that the operation of the Hew source or permit meaifieatien revision will not prevent or interfere 

with the attainment or maintenance of an applicable national ambient air quality standard . 

Compliance with this requirement as determined by air pollution dispersion modeling is not 

affected by stack height that exceeds good engineering practice or by any other dispersion 

technique as defined in 40 C.F .R. § 5I.1 00 (Jwy 1, 2005 July I, 2009). Each Hew source, 6*isting 

seuree, ana permit meeifieatien must comply with emission limits and other requirements of the 

act and the Clean Air Act. The minor source operating permit must include reasonable 

conditions, including adherence to plans and specifications, to assure compliance with the act, 

the Clean Air Act, and any other conditions justified under SDCL 34A-1-19. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from§ 44:10:01:I2, effective July I, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

29 
May 13, 1991; transferred from§ 74:26:01:12, 19 SDR 157, effective April22, 1993; 21 SDR 

119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006. 

General Authority: 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 operating permit shall 

submit a timely and complete application. An application is timely if it meets the time limits 

specified in this section. An application is complete if it meets the requirements in§ 74:36:04:07 . 

A minor source applying for an initial operating permit shall submit a complete application 

to the department 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: ef the 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 

commencing operation of the emission unit(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 of permit expiration. If an existing source submits a timely 

and complete application for renewal of an operating permit within this time limit, the source's 

existing permit does not expire until the renewal permit has been issued or denied. The terms and 

30 

• 

• 

• 
• conditions of the 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 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 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 of the source or permit modification . 

74:36:04:07. Required contents of complete application for operating permit. An 

application for an operating permit for a minor source or permit modification must submit 

include the following information to be considered a complete application: 

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

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

site manager or contact; 

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

(3) The following information on emissions: 

(a) Identification and description of all emission peffits units; 

(b) Fuels, fuel use, afl:d raw materials, :ased and production rates; 

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

31 
(d) Limitations on source operation affecting emissions or any work practice standards, • 

where applicable, for all regulated air pollutants; 

(e) Other information required by any applicable requirements, including information 

related to stack height limits, such as the location of emissions units, flow rates, building 

dimensions, and stack parameters, including height, diameter, and plume temperature, for all 

pollutants regulated at the source; 

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

which may affect the source, including pollution control devices; 

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

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

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

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

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

compliance with the act or the Clean Air Act. 

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

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

if there are no operational changes. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:04.01, 34:10:01:06, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:09, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 

32 

• 

• 
• SDR 141, effective July 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 of each permit application received, as follows: 

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

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

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

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

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

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

to evaluate or take final action on the application; 

(2) If the application is incomplete or additional information is necessary to evaluate the 

application, the department shall identify the items required to 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 by the department; and 

(3) The department shall determine the adequacy of the applicant's response to each 

incomplete item within 15 days after receipt of the response and shall notify the applicant in 

writing if the application is or is not complete . 

33 
Source: 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 of an operating permit, a permit modification, or a renewal for an 

operating permit for a minor source within 90 days after the submission of a 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 of the application without waiting for a department recommendation. The petition 

must conform to the requirements of article 74:09. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:08.01, 34:10:01:11, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:11, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 

transferred from§ 74:26:01:11,19 SDR 157, effectiveApril22, 1993. 

General Authority: 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 of a eoffif!lete atJplieatioB fer aB operatiag permit or a reBewal of an operatiag permit 

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 with the 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 . 

General Au.therity: SDCL 34A 1 9, 34A 1 21. 

Law I:!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 of the draft permit once in a legal newspaper in the county where the source is 

located. The notice must include a brief statement describing the 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 or contest the draft permit within 30 days after the 

publication of the notice; describe the procedures a person must follow to contest the draft permit 

and request a hearing in accordance with article 74:09; and a statement describing where copies 

35 
of the draft permit or other information may be obtained. The department shall provide to the • 

interested parties a 30-day notice of any hearing to contest a draft permit. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:37, 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. 

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

Law Implemented: 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 

applicable requirements of this article or the requirements of the Clean Air Act. 

Source: 25 SDR 123, effective April4, 1999. 

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

Law Implemented: 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 of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person that submitted 

written comments or requested notice of the final permit decision. The notice shall include 

reference to the procedures for contesting the final permit decision and requesting a hearing in 

accordance with article 74:09. For the purpose of this section, the final permit decision means 

proposing a Rew, modified, or reRewed permit, denying a permit, or terminating a permit. 

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 of the final permit decision except under the following conditions: 

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

(2) A contested case hearing is requested; or 

(3) No comments or request for changes in the draft permit were received during the 

public notice period on the draft permit. In this case, the draft permit automatically becomes the 

final permit decision and the proposed Rew, modified, or reRewed final permit is issued at the 

end of the public notice period. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:38, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:38, 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. 

37 
General 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 

operatiag permit for a minor source shall include the following: 

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

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

a permit; 

(3) The type of operation; 

( 4) The plal'lt facility and mailing address; 

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

(6) A number for administrative reference; 

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

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

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

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

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

and the Clean Air Act; 

(1 0) Monitoring and related recordkeeping and reporting requirements; 

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

requirements if any portions of the permit are challenged; and 

(12) Provisions stating the following: 

38 

• 

• 

• 
• 

• 

• 

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, or moElifieation permit revision, or fof denial of a permit renewal 

application; 

(b) The operating permit may be 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 

exclusive privilege; and 

(d) The permittee shall provide any information, including records, requested in writing 

by the department to determine if whether cause exists for modifying revising, revoking and 

reissuing, reopening, or terminating the permit or to determine compliance . 

Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:22.10,7 SDR 

4, effective July 27, 1980; transferred from§ 44:10:01:44, effective July 1, 1981; 13 SDR 129, 

13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:44, 19 SDR 157, effective April22, 1993. 

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

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

74:36:04:16. Operating permit expiration. Operating permit expiration terminates the 

source's right to operate under the minor source operating permit unless a timely and complete 

renewal application has been submitted to the department. 

39 
Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:17. Renewal of operating permit. Permits being renewed are subject to the 

same procedural requirements in §§ 74:36:04:06 to 74:36:04:14, inclusive, as the original minor 

source operating permit issuance. 

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

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:18. Operating permit revision. An operating permit for a minor source may be 

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, minor permit amendment, or 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-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 by the secretary. A source 

may request a minor permit amendment under §§ 74:36:04:20.02 to 74:36:04:20.04, inclusive, 

for a change that does not constitute a modification and is not prohibited under any applicable 

requirement under Title I of the Clean Air Act. 

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

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

(1) Issue the minor permit amendment as proposed; 

(2) Deny the minor permit amendment application; or 

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

modification. 

The 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 issue minor permit amendments without the procedural requirements applicable to • 

obtaining at> operatiE:g i! permit modification. 

Source: 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-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 of the 

operating permit or the department determines that the operating permit must be revised to assm=e 

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

42 
• 

• 

• 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: 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 of this 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 

air pollution sources that meets the following: 

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

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

(3) Require the same or similar recordkeeping 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 

obtain an individual permit if required by the secretary. 

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

General Authority: SDCL 34A-l-21. 

Law Implemented: 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 

outlined in§§ 74:36:04:06 to 74:36:04:14, inclusive. 

Section 

74:36:05:01 

74:36:05:02 

74:36:05:03 

CHAPTER 74:36:05 

OPERATING PERMITS FOR PART 70 SOURCES 

Applicability. 

Permit Part 70 operating permit required. 

Sources required to obtain a Part 70 operating permit. 

44 

• 

• 

• 
• 

• 

• 

74:36:05:03.01 P8D or N8R preeoHstntetion permit required. Repealed. 

74:36:05:04 Sources exempt from obtaining a Part 70 operating permit. 

74:36:05:04.01 Insignificant activities. 

74:36:05:05 Transferred. 

74:36:05:06 Standard for issuance of a Part 70 operating permit. 

74:36:05:06.01 Fees required for operating permit. 

74:36:05:07 Time period for operating permits and renewals. 

74:36:05:08 Timely and complete application for operating permit required. 

74:36:05:09 Complete application. 

74:36:05:10 and 74:36:05:11 Transferred. 

74:36:05:12 Required contents of complete 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 

Applicant required to supplement or correct application. 

Repealed. 

Deadline for final action on permit application. 

Statement of basis for recommended permit conditions. 

Operating permit requirements. 

Public participation in permitting process. 

Public and affected state review of draft permit. 

Transferred. 

Repealed. 

Final permit decision-- Notice to interested persons. 

Petitions for contested case hearing. 

EPA review of Part 70 operating permit. 

45 
74:36:05:21 EPA objection to issuance of operating permit. 

74:36:05:21.01 Department response to EPA objection. 

74:36:05:22 Department failure to meet EPA objection deadline. 

74:36:05:23 Public petition to 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 Permit renewal. 

74:36:05:30 Permit flexibility. 

74:36:05:31 Permit amendment-- Application required. 

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

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 administrative permit amendments. 

Minor permit amendment required. 

Requirements for minor permit amendments. 

Application for minor permit amendment. 

Notification of EPA and affected states required. 

Department deadline to approve minor permit amendment. 

Permit modifications. 

Reopening operating permit for cause. 

Procedures to reopen permit. 

Reopening permit for cause by EPA. 

EPA review of proposed determination. 

Department failure to submit proposed determination. 

• 

• 

• 

46 
• 

• 

• 

74:36:05:45 Repealed. 

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 of operating noncompliance-- Contents. 

Circumvention of emissions not allowed. 

Petition for contested case on alleged violation. 

Repealed. 

Federal enforceability of permit conditions. 

General permits. 

Secretary may require an individual permit. 

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

reEj:\Hres to obtaiR a Part 70 operatiRg pennit. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005. 

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

Law Implemented: 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 or unit likely to cause the emission of air pollutants 

into the ambient air or any equipment which prevents or controls the emission of air pollutants 

47 
into the ambient mr until the applieable preeoRstmetioR a construction permit, PSD • 

preconstruction permit. NSR preconstruction permit, or Part 70 operating permit has been issued 

by the board or the secretary. 

Source: 19 SDR 157, effective April 22, 1993; second paragraph transferred from 

§ 74:36:05:05, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 

25 SDR 123, effective April4, 1999. 

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 application for operating permit required,§ 74:36:05:08. • 

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

to obtain a Part 70 operating permit include the following: 

(1) Any major source; 

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

under§ 111 of the Clean Air Act unless otherwise specified in§ 74:36:07; 

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

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

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

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

• 

48 
• (5) Any source in a source category designated by the administrator of the EPA through 

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

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effectiveApril4, 1999. 

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

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

74:36:05:03.01. PSD or NSR preconstruction permit required. The suamittal of a 

eoffifllete 8flplieation for an operating permit 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 of the Clean Air Aet 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, effective February 9, 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 operating permit: 

(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 if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart AAA. Exempted 

sources must still meet the applicable requirements in Subpart AAA; ort 

(3) Sources that operate a unit 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 if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to 40 C.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 preconstruction permit or NSR preconstruction permit: 

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

that combust municipal or household waste; 

50 

• 

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

airplanes, locomotives, and boats; 

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

(4) A deviee or apparaR!s unit that has a heat input capability of not more than 3,500,000 

Btus per hour, except for units fueled with wood or coal; 

(5) An air conditioning or ventilating system not designed to remove air pollutants from 

equipment; 

(6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring 

roofs, or paving parking lots; 

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

before the application of control equipment. A ooit ma-y aot be eeasidered iasigaifieaat if a state 

• er federal limit is applieable te the l:Hl:it. However, the criteria pollutant emissions from the unit 

must be included in determining whether the source is a major source; and 

(8) A unit that has the potential to emit two tons or less per year of any hazardous air 

pollutant. However, the hazardous air pollutant emissions from the unit must be included in 

determining if whether the source is a major er miaor source. A unit eaa may not be considered 

insignificant if a state or federal limit is applicable to the unit. 

However, insignificant activities exempted because of size or production rate must be 

identified in the Part 70 operating permit application. An application may not omit information 

needed to determine the applicability of or to impose an applicable requirement. 

• 

51 
Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective Apri14, 1999; 31 • 

SDR 101, effective January2, 2005. 

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

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

74:36:05:06. Standard for issuance of a Part 70 operating permit. A Part 70 operating 

permit for a aew source or permit moElifieation revision may be issued only if it has been shown 

that the operation of the 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 or by 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 of the act and the Clean 

Air Act. A Part 70 operating permit must include reasonable conditions, including adherence to 

plans and specifications, to assure compliance with the act, the Clean Air Act, and any other 

conditions justified under SDCL 34A-1-19. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from§ 74:26:01:12, 19 SDR 157, effective April22, 1993; 20 SDR 

52 

• 
• 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006. 

• 

• 

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 

operating permit fef and the owner or operator of a source with a Part 70 soaree operating permit 

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, effective February 9, 1994 . 

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

Law Implemented: SDCL 34A-1-58. 

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

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

permits for all Part 70 sources shall be issued for a period up to five years, and all subseguent 

operating permits shall be for a period of five years. A permit issued for a solid waste incinerator 

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

years and shall be reviewed by the department every five years. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from§ 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

53 
1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:32, 19 SDR 157, • 

effective April22, 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 

person who owns or operates a Part 70 source required to have an operating permit must submit a 

timely and complete application. An application is timely if it meets the time limits specified in 

this section. An application is complete if it meets the requirements in §§ 74:36:05:12 and 

74:36:05:13. The time limits are set as follows: 

(1) A source applying for its initial Part 70 operating permit 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 may be 

submitted iR a shorter time frame if the applieaRt reeeiv,es prior writteR approval from the 

departmeRt. For purposes of this seetioR, beginniRg aetual eoRstruetioR means the iRitiatioR of 

physieal, ORsite eoRstruetioR, reeoRstruetioR, or modifieatioR aetivities OR a URit or ehaRge iR 

method of operatioR that are of pennaReRt Ratlilfe within 12 months after commencing operation; 

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

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

involved with the modification; 

~ .Ql A Part 70 source applying for renewal of an operating permit must submit a 

complete application six months before the date of permit expiration. If a source submits a timely 

and complete application for renewal of a permit, the terms and conditions of the existing permit • 

54 
• remain in effect until the renewal permit has been issued or denied. This right to operate pending 

action on an application is extinguished if the applicant fails to submit on time the information 

identified in§ 74:36:05:12; 

f31 .{±)_ Part 70 sources required to obtain approval under § 112(g) of the Clean Air Act or 

te have a PSD preconstruction permit or NSR preconstruction permit tlfH:ler the preeoHstruetioH 

re•,riew program t!Haer part CorD of Title I of the CleaH Air Aet must file a complete application 

to obtain a Part 70 operating permit or a permit modification, whichever is applicable, for the 

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

a Part 70 source would prohibit such construction or the change in operation, the source must 

obtain a the applicable construction permit, PSD preconstruction permit, or NSR preconstruction 

permit l'HoffifieatioH before commencing operation; 

• (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 of the effective date of EPA's approval of the state's § 111 (d) plan required in 

the Clean Air Act. 

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

21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, 

effective January 2, 2005 . 

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

55 
Law 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 of the source or permit modification. 

74:36:05:09. Complete application. The department shall determine completeness of an 

application for a an initial Part 70 operating permit, permit modification, or renewal of a Part 70 

operating permit within 60 days after its receipt and shall notify the applicant in writing of its 

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

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

complete. At any time during the processing of the application, the department may request, in • 

writing, additional information necessary to evaluate or take final action on the application. 

If the application is incomplete or additional information is 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 of an incomplete notification or request 

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 of the response and 

shall notify the applicant in writing if the application is or is not complete. 

• 

56 
• 

• 

• 

Once a designated representative submits a timely and complete acid rain permit 

application, the owners or operators of the affected source and the affected units covered by the 

permit application are considered in compliance with the requirement to have an acid rain permit 

until the final permit is issued, provided that if any requested additional information is submitted 

during the permitting process. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:12. Required contents of complete application. An applicant for an operating 

permit for a Part 70 source or permit modification must submit the following information for the 

application to be considered complete: 

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

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

site manager or contact; 

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

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

identified by the source; 

(3) The following information on emissions: 

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 any emissions unit, except when such units are exempt; 

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

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

requirements of the Clean Air Act; 

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

compliance consistent with the applicable standard reference test method; 

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

(e) Identification and description of air pollution control equipment and compliance 

monitoring devices or activities; 

(f) Limits on source operation affecting emissions or any work practice standards, as • 

applicable for all regulated air pollutants; 

(g) For all pollutants regulated at the source, other information required by any 

applicable requirements including information related to stack height limits, such as the location 

of emissions units, flow rates, building dimensions, and stack parameters, including height 

diameter, and plume temperature; and 

(h) Calculations on which the items in this subdivision are based; 

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

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

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

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

• 

58 
• 

• 

• 

(7) The results of any air dispersion modeling or stack performance testing required by the 

department; 

(8) Citation and description of all applicable air pollution control emission limit 

requirements; 

(9) A review of fugitive emissions included in the same manner as stack emissions, 

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

source; 

(10) A description of or reference to any applicable test method for determining 

compliance with each applicable requirement; 

(11) Any additional information that may be necessary to implement and enforce other 

requirements of the Clean Air Act or to determine the applicability of such requirements; 

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

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

compliance plans; 

(14) Information necessary to define reasonably anticipated alternative operating 

scenarios, to define permit terms and conditions pursuant to § 74:36:05:30, or to implement a 

federally enforceable emission cap; 

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

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

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

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

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

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

59 
will achieve compliance with such requirements. The compliance schedule must include a • 

statement that progress reports will be submitted at least once every six months; and 

(c) A statement that the source will continue to demonstrate compliance with applicable 

requirements; 

(16) A certification of compliance by a responsible official that addresses all air pollution 

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

source subject to Title IV and chapter 74:36:16 must be submitted by the designated 

representative. This certification must be consistent with any applicable enhanced monitoring 

and compliance certification requirement of the Clean Air Act and must include: 

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

monitoring, recordkeeping and reporting requirements, and test methods; 

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

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

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

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

certification, indicating the compliance status, and identifYing whether compliance is continuous 

or intermittent; and 

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

monitoring and compliance certification requirements of the Clean Air Act; 

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

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

certification and any other required certification must state that, based on information and belief 

• 

60 
• formed after reasonable inquiry, the statements and information in the documents are true, 

accurate, and complete; and 

• 

• 

(18) Any other information requested by the department after submission of an application 

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

with the Clean Air Act. 

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

previously submitted material. 

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

21 SDR 119, effective January 5, 1995 . 

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

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

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

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

100012. Cost: $31. 

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

a Part 70 source must contain: 

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

a permit; 

61 
(2) The type of operation; 

(3) The t*aflt facility and mailing address; 

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

(5) A number for administrative reference; 

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

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

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

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

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

and the Clean Air Act and including the following: 

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

• 

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

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

and incorporating both into the permit; and 

(c) If an alternative emission limit is approved in the state implementation plan (SIP), 

provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit 

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

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

replicable procedures; 

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

(b) If the applicable requirement does not require periodic testing or instrumental or 

noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the 

relevant time period that are representative of the source's compliance with the permit. Such 

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

other statistical conventions consistent with the applicable requirement; 

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

installation of monitoring equipment or methods; 

(d) Documentation of the following: 

(i) The date, place as defined in the permit, and time of sampling or 

measurements; 

(ii) The date or dates analyses were performed; 

(iii) The company or entity that performed the analyses; 

(iv) The analytical techniques or methods used; 

(v) The results of such analyses; and 

(vi) The operating conditions as existing at the time of sampling or 

measurement; 

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

(i) Submission of reports of any required monitoring must occur at least every 

six months. Reports must clearly identify all deviations from permit requirements and conditions . 

All required reports must be certified by a responsible official; and 

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 of monitoring records and all supporting documentation 

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

application; and 

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

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

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

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

portions of the permit are challenged; 

(12) Provisions stating the following: 

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, 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 necessary to cease or reduce the permitted activity in order to maintain compliance; 

(c) The permit may be modified, revised, revoked and reissued, reopened, or terminated 

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 of a 

notification of planned changes or anticipated noncompliance does not stay any permit condition; 

64 

• 

• 

• 
• 

• 

• 

(d) The permit does not convey property rights of any sort or any exclusive privilege; 

and 

(e) The permittee must provide any information, including records, requested in writing 

by the department to determine whether cause exists for meffifyiHg revising, revoking and 

reissuing, reopening, or terminating the permit or to determine compliance; 

(13) Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application and approved by the department. The terms and conditions must require 

the source, contemporaneously with making a change from one operating scenario to another, to 

record in a log at the permitted facility a record of the scenario under which it is operating and 

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

of the Clean Air Act; 

(14) Compliance requirements that contain the following: 

(a) A compliance certification and testing, monitoring, reporting, and recordkeeping 

requirements sufficient to assure compliance with the terms and conditions of the permit. All 

documents, including reports, required by the permit must be certified by a responsible official 

consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted 

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

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

or an authorized representative to perform the following: 

(1) Enter upon the permittee's premises where a Part 70 source is located or 

emissions-related activity is conducted or where records must be kept under the conditions of the 

permit; 

65 
(2) Have access to and copy, at reasonable times, any records that must be kept • 

under the conditions of the permit; 

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

regulated or required under the permit; and 

(4) As authorized by the Clean Air Act, sample or monitor at reasonable times 

substances or parameters for the purpose of assuring compliance with the permit or applicable 

requirements; 

(c) A compliance plan in accordance with subdivision 74:36:05:12(15), including 

progress reports on noncompliance indicating the dates that compliance will be achieved or the 

dates that compliance was achieved as referred to in a schedule of compliance. The report must 

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

department semiannually or more frequently as required by the department; and 

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

(15) A condition requiring a Part 70 source to pay any required fees; 

(16) A condition stating that no permit revisions are required for increases in emissions 

allowed through emissions trading to the extent that such trades are authorized by the applicable 

requirements of the Clean Air Act; 

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

with 40 C.P.R. Part 70.6(d) (ltlly 1, 2005 July l, 2009); 

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

with the requirements in 40 C.P.R. Part 70.6(g) (July 1, 2005 July l, 2009); and 

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

• 

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. 

Law Implemented: 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 draft permit. 

The department shall publish the public notice on the draft permit once in a legal 

newspaper in the county where the source is located. The public notice must include the 

following: 

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

permittee; 

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

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

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

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

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

67 
must follow to contest the draft permit and request a hearing in accordance with article 74:09; • 

and 

(6) A statement describing where copies of the draft permit or other information may be 

obtained. 

The department shall provide to the interested parties a 30-day notice of any hearing to 

contest a draft permit. 

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

21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 34A-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 case hearing must be in writing and prepared and filed in accordance with 

article 74:09. The department is not required to accept recommendations or comments that are 

not based on applicable requirements of this article or the requirements of the Clean Air Act. 

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. 

General Authority: 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 of the end of the public comment period on a 

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

state that submitted written comments or requested notice of the final permit decision. The notice 

shall include reference to the procedures for contesting the final permit decision and requesting a 

• hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a Rew, modified, or reRewed permit, denying a permit, or terminating a permit. 

The proposed Rew, modified, or reRewed Part 70 operating permit will must be submitted 

to EPA within 30 days of notifying the applicant and each person or affected state that submitted 

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

following conditions: 

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

(2) A contested case hearing is requested; or 

• 

69 
(3) No comments or request for changes in the draft permit were received during the • 

public notice period on the draft permit. In this case, the draft permit automatically becomes the 

final permit decision and the proposed Part 70 operating permit is submitted to EPA. 

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 

125, effective February 9, 1994; 25 SDR 123, effective April4, 1999. 

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

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

74:36:05:20.03. EPA review of Part 70 operating permit. The department shall submit 

to EPA a copy of each permit application for 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 of the permit application or compliance plan. 

Source: 19 SDR 157, adopted April22, 1993, effective November 15, 1994; 20 SDR 125, 

transferred from§ 74:36:05:19 and amended February 9, 1994, effective November 15, 1994; 21 

SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, 

effective April4, 1999. 

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 or justify its position on the proposed Part 70 operating permit to EPA. If the 

department decides to revise the proposed Part 70 operating permit, it shall 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, minor permit amendment, or permit modification, as applicable. 

If the EPA concurs with the revised proposed Part 70 operating permit or the department's 

• justification, the department shall issue a final permit and submit it to the EPA. If the EPA does 

not concur, the EPA is responsible for issuing the final permit. 

Source: 20 SDR 125, adopted February 9, 1994, effective November 15, 1994; 21 SDR 

119, amended January 5, 1995, and effective date changed to March 15, 1995. 

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

Law Implemented: 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 

submitted to the department. 

• 

71 
Source: 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 if the change is not a modification under any provision of Title I of 

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

• 

source must provide both EPA IH'Hi the department written notification as required in this section • 

at least seven days in advance of the proposed changes. The source, the EPA, and the department 

shall attach each such notice to its copy of the relevant permit. 

Permitted sources may make changes w.flieh that do not violate any applicable requirements 

or contravene federally enforceable permit terms and conditions, such as monitoring, including 

test methods~, recordkeeping~, reporting~, or compliance certification requirements. For each such 

change, the written notice must include a brief description of the change within the permitted 

facility, the date on which the change will occur, any change in emissions, and any permit term or 

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

• 

72 
• 

• 

• 

If a permit applicant requests it, the department must issue permits that contain terms and 

conditions, including all requirements under § 74:36:05:16.01, allowing for the trading of 

increases and decreases in the permitted facility solely for the purpose of complying with a 

federally enforceable emissions cap that is established in the permit independent of otherwise 

applicable requirements. The permit applicant must include in its permit application the proposed 

replicable procedures and permit terms that ensure that the emission trades are quantifiable and 

enforceable. Any emission units for which emissions are not quantifiable or for which there are 

no replicable procedures to enforce the emission trades shall not be permitted for trading of 

emissions. The written notice must include, at a minimum, when the proposed change will occur, 

a description of each such change, any change in emissions, and how these increases and 

decreases in emissions will comply with the terms and conditions of the permit. 

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

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 

can be applied for at any time by the a_p_plieant's submittal of an 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, minor permit amendment, or permit modification . 

73 
Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

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

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

An application for an administrative permit amendment shall contain a description of the change 

and documentation supporting the applicant's claim the revision qualifies as an administrative 

permit amendment. 

Source: 19 SDR 157, effective April22, 1993; 23 SDR 106, effective December 29, 1996 . 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:38. Department deadline to approve minor permit amendment. +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 obj eet 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 after the end of EPA's 45-day review period, whichever is later: 

(1) Issue the minor permit amendment as proposed; 

74 

• 

• 

• 
• (2) Deny the minor permit amendment application; 

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

modification; or 

(4) Revise the proposed minor permit amendment and transmit the revised amendment to 

EPA 

The department is not required to public notice a minor permit amendment; but the final 

permit decision for a minor permit amendment must be submitted to EPA for a 45-day review. 

The department may not issue a final permit for a minor permit amendment until after EPA's 45-

day review or until EPA has notified the department that EPA will not object to the issuance of 

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

• a minor permit amendment seven days after submitting a complete application. 

• 

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

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:41. Procedures to reopen permit. Reopening a permit shall follow the 

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

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

initial permit issuance and shall notify the source 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. 

75 
Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:42. Reopening permit for cause by EPA. Within 90 days after EPA notifies 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, 

modifieation revision, or revocation 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 a proposed determination within the 90-day period in§ 74:36:05:42 or failure to 

resolve the objection in § 74:36:05:43 will result in termination, 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 hearing by EPA on the proposed action. 

Source: 19 SDR 157, effective April22, 1993. 

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

76 

• 

• 

• 
• 

• 

• 

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 of the Clean Air Act or this article or for nonpayment of a fee. Invalidation of the acid 

rain portion of an operating permit does not affect the continuing validity of the rest of the 

operating permit, nor does invalidation of any other portion of the operating permit affect the 

continuing validity of the acid rain portion of the permit. 

Source: 19 SDR 157, effective April22, 1993. 

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 

air pollution sources that meets the following: 

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

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

(3) Require the same or similar recordkeeping 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 

77 
constructed or operate until they are granted coverage under the general permit, or until they • 

obtain an individual permit if required by the secretary. 

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

General Authority: SDCL 34A-1-21. 

Law Implemented: SDCL 34A-1-56. 

Note: The procedural requirements for obtaining a general permit under this chapter are 

similar to the procedural requirements for a Part 70 source, such as a timely and complete 

application, completeness review, public participation, and departmental recommendation, as 

outlined in§§ 74:36:05:08 to 74:36:05:23, inclusive. 

CHAPTER 74:36:07 

NEWSOURCEPERFORMANCESTANDARDS 

Section 

74:36:07:01 New source performance standards. 

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

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

78 

• 

• 
• 

• 

• 

74:36:07:04 

74:36:07:05 

74:36:07:06 

Standards of performance for industrial, commercial, and institutional steam 

generating units. 

Standards of performance for small industrial, commercial, and institutional 

steam generating units. 

Standards of performance for incinerators. 

74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators 

constructed on or before June 20, 1996. 

74:36:07:06.02 Standards of performance for hospital/medical/infectious waste incinerators for 

which construction is commenced after June 20, 1996. 

74:36:07:07 Standards of performance for municipal waste combustors. 

74:36:07:07.01 Standards of performance 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 of performance for portland cement plants. 

Standards of performance for asphalt concrete plants. 

Repealed. 

Standards of performance for storage vessels of petroleum liquids constructed 

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

Standards of performance for storage vessels of petroleum liquids constructed 

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

Standards of performance for volatile organic liquid storage vessels (including 

petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984. 

79 
74:36:07:15 

74:36:07:16 

74:36:07:17 

74:36:07:18 

74:36:07:19 

74:36:07:20 

74:36:07:21 

74:36:07:22 

Standards of performance for sewage treatment plants. 

Standards of performance for coal preparation plants. 

Standards of performance for grain elevators. 

Standards of performance for stationary gas turbines. 

Standards of performance for lime manufacturing plants. 

Standards of performance for metallic mineral processing plants. 

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

operations. 

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

chemicals manufacturing industry. 

• 

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

chemicals manufacturing industry for which construction, reconstruction, or • 

modification commenced after November 7, 2006. 

74:36:07:23 Standards of performance for bulk gasoline terminals. 

74:36:07:24 Standards of performance for new residential wood heaters. 

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

74:36:07:26 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations. 

74:36:07:27 Standards of performance for nonmetallic mineral processing plants. 

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

74:36:07:29 Operating requirements for wire reclamation furnaces. 

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

• 

80 
• 

• 

• 

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 of performance for calciners and dryers in mineral industries. 

Existing municipal solid waste landfill. 

Plan submittal by existing municipal solid waste landfills. 

Collection system. 

Control system. 

Compliance schedule for existing municipal solid waste landfills. 

Existing municipal solid waste landfill operational standards for collection and 

control systems. 

Existing municipal solid waste landfill compliance provisions. 

Existing municipal solid waste landfill monitoring provisions. 

Existing municipal solid waste landfill reporting and recordkeeping. 

74:36:07:42.01 Additional reporting for existing municipal solid waste landfills. 

74:36:07:43 

74:36:07:44 

74:36:07:45 

74:36:07:46 

Standards of performance for new municipal solid waste landfills. 

Standards of performance for nitric acid plants. 

Standards of performance for sulfuric acid plants. 

Standards of performance for petroleum refineries. 

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

reconstruction, or modification commenced after May 14, 2007. 

81 
74:36:07:47 

74:36:07:48 

74:36:07:49 

74:36:07:50 

74:36:07:51 

74:36:07:52 

74:36:07:53 

74:36:07:54 

74:36:07:55 

74:36:07:56 

74:36:07:57 

74:36:07:58 

74:36:07:59 

74:36:07:60 

74:36:07:61 

74:36:07:62 

74:36:07:63 

74:36:07:64 

74:36:07:65 

Standards of performance for secondary lead smelters. 

Standards of performance for secondary brass and bronze production plants. 

Standards of performance for primary emissions from basic oxygen process 

furnaces for which construction commenced after June 11, 1973. 

Standards of performance for secondary emissions from basic oxygen process 

steelmaking facilities for which construction commenced after January 20, 

1983. 

Standards of performance for primary copper smelter. 

Standards of performance for primary zinc smelter. 

Standards of performance for primary lead smelter. 

Standards of performance for primary aluminum reduction plant. 

Standards of performance for wet-process phosphoric acid plant. 

Standards of performance for superphosphoric acid plant. 

Standards of performance for diammonium phosphate plant. 

Standards of performance for triple superphosphate plant. 

Standards of performance for granular triple superphosphate storage facility. 

Standards of performance for ferroalloy production plant. 

Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. 

Standards of performance for kraft pulp mills. 

Standards of performance for glass manufacturing plant. 

Standards of performance for surface coating of metal furniture. 

Standards of performance for lead-acid battery manufacturing plant. 

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 of performance for phosphate rock plants. 

Standards of performance for ammonium sulfate manufacture. 

Standards of performance for industrial surface coating -- Large appliances. 

Standards of performance for metal coil surface coating. 

Standards of performance for asphalt processing and asphalt roofing 

manufacture. 

Standards of performance for beverage can surface coating industry. 

Standards of performance for rubber tire manufacturing industry. 

Standards of performance for volatile organic compound emissions from 

polymer manufacturing industry. 

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

Standards of performance for equipment leaks ofVOC in petroleum refineries. 

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

74:36:07:77 

74:36:07:78 

74:36:07:79 

74:36:07:80 

74:36:07:81 

Standards of performance for synthetic fiber production facility. 

Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry air oxidation unit process. 

Standards of performance for equipment leaks ofVOC from onshore natural gas 

processing plant. 

Standards of performance for onshore natural gas processing. 

Standards of performance for wool fiberglass insulation manufacturing plant. 

83 
74:36:07:82 

74:36:07:83 

74:36:07:84 

74:36:07:85 

74:36:07:86 

74:36:07:87 

74:36:07:88 

74:36:07:89 

74:36:07:90 

Standards of performance for VOC emissions from petroleum refinery 

wastewater system. 

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

plastic parts for business machines. 

Standards of performance for polymeric coating of supporting substrates facility. 

Standards of performance for small municipal waste combustion units for which 

construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001. 

Standards of performance for commercial and industrial solid waste incineration 

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

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

Standards of performance for other solid waste incineration units for which 

construction commenced after December 9, 2004, or modification or 

reconstruction commenced on or after June 16, 2006. 

Standards of performance for stationary compression ignition internal 

combustion engines. 

Standards of performance for stationary combustion turbines. 

Standards of performance for stationary spark ignition internal combustion 

engmes. 

74:36:07:01. New source performance standards. The general provisions for new 

source performance standards are those in 40 C.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 cannot be delegated to the state, in which case 

• 

• 

"administrator" means both the administrator of the Environmental Protection Agency and the 

secretary of the 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, effective June 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 of performance 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, effective June 13, 2006; 33 SDR 217, 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 of performance 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 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:04. Standards of performance for industrial, commercial, and institutional 

steam generating units. The standards of performance for industrial, commercial, and 

institutional steam generating units are those in 40 C.P.R.§§ 60.40b to 60.49b, inclusive, (July 1, 

: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, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:05. 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, if the source bums solely natural gas or propane and is not required to obtain a 

• Part 70 operating permit for a reason other than the source is subject to 40 C.P.R. §§ 60.40c to 

• 

60.48c, inclusive, (July 1, 2009). Exempted sources must still meet the applicable requirements 

in 40 C.P.R.§§ 60.40c to 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, 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 . 

87 
74:36:07:06. Standards of performance for incinerators. The standards of performance • 

for incinerators are those in 40 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, effective June 13, 2007. 

General Authority: 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. 

§§ 60.32e to 60.38e, inclusive, (July 1, 2006 July 1, 2009). 

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

before June 20, 1996, that decides to cease operation shall notify the department within six 

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

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

shutdown date may not exceed one year after EPA's approval of the state plan for 

hospital/medical/infectious waste incinerators. 

88 

• 

• 
• 

• 

• 

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

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

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

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

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

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

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

state plan approval; 

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

within 2 years after state plan approval; 

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

plan approval; and 

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

The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 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, whichever is 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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:06.02. Standards of performance for hospital/medical/infectious waste 

incinerators for which construction is commenced after June 20, 1996. The standards of 

performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, 

are those in 40 C.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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:07. Standards of performance for municipal waste combustors. The 

standards of performance for municipal waste combustors are those in 40 C.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 SDR 90, effective November 24, 1991; transferred from§ 74:26:26:01, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 

101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 

13,2007. 

General Authority: SDCL 34 A -1-6. 

Law Implemented: SDCL 34A-1-18. 

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

• after September 20, 1994. The standards of performance for municipal waste combustors 

• 

constructed after September 20, 1994, or modified or reconstructed after June 19, 1996, are those 

in 40 C.F.R. §§ 60.50b to 60.59b, inclusive, (July 1, 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 . 

91 
74:36:07:09. Standards of performance 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, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:10. Standards of performance for asphalt concrete plants. The standards of 

performance for asphalt concrete plants are those in 40 C.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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

92 

• 

• 
• 

• 

• 

74:36:07:12. Standards of performance for storage vessels of petroleum liquids 

constructed after June 11, 1973, and before May 19, 1978. The standards of performance for 

storage vessels of petroleum liquids constructed after June 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 subject to 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 if the unit is not required to install controls 

and if the source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to 40 C.F.R. §§ 60.110 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, effective June 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 of performance for 

storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984, 

93 
are 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 if the unit is not required to 

install controls and if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to 40 C.F.R. §§ 60.110a 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 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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 if the unit is not required to install controls and if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source is 

• 

• 

subject to 40 C.F.R. §§ 60.110b 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, effective June 13, 2006; 33 SDR 217, effective June 13, 2007 . 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:15. Standards of performance for sewage treatment plants. The standards of 

performance for sewage treatment plants are those in 40 C.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, effective June 13, 2007. 

95 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:16. Standards of performance for coal preparation plants. The standards of 

performance for coal preparation plants are those in 40 C.F.R. §§ 60.250 to 60.254, inclusive, 

(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: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:17. Standards of performance for grain elevators. The standards of 

performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (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 if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. 

§§ 60.300 to 60.304, inclusive, (July 1, 2009). Exempted sources must still meet the applicable 

requirements in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009). 

96 

• 

• 

• 
• 

• 

• 

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:17:06, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

performance for stationary gas turbines are those in 40 C.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 

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: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:19. Standards of performance for lime manufacturing plants. The standards 

of performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, 

inclusive, (July 1, 2006 July 1, 2009). 

97 
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

standards of performance for metallic mineral processing plants are those in 40 C.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, 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: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

98 

• 

• 

• 
• 

• 

• 

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

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

coating operations are those in 40 C.P.R. §§ 60.440 to 60.447, 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic 

organic chemicals manufacturing industry. The standards of performance for equipment leaks 

of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.P.R. 

§§ 60.480 to 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, 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-l-18. 

99 
74:36:07:22.01. Standards of performance for equipment leaks of VOC in the 

synthetic organic chemicals manufacturing industry for which construction, 

reconstruction, or modification commenced after November 7, 2006. The standards of 

performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing 

industry, for which construction, reconstruction, or modification commenced after November 7, 

2006, are those in 40 C.F.R. § 60, Subpart VVa (July 1, 2009). 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of 

performance for bulk gasoline terminals are those in 40 C.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 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-l-18. 

100 

• 

• 

• 
• 

• 

• 

74:36:07:24. Standards of performance for new residential wood heaters. The 

standards of performance for new residential wood heaters are those in 40 C.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 January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 2I7, effective June I3, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-I-I8 . 

74:36:07:25. Standards of performance 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 if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 

C.P.R. §§ 60.620 to 60.625, inclusive, (July 1, 2009). Exempted sources must still meet the 

applicable requirements in 40 C.P.R. §§ 60.620 to 60.625, inclusive, (July I, 2009). 

Source: I9 SDR I 57, 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, effective June 13, 

2007. 

101 
General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-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 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. 

74:36:07:27. Standards of performance for nonmetallic mineral processing plants. 

The standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. 

§§ 60.670 to 60.676, inclusive, (July 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 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

standards of performance for magnetic tape coating facilities are those in 40 C.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 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

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

rotogravure printing. The standards of performance for publication rotogravure printing in the 

graphic arts industry are those in 40 C.P.R. §§ 60.430 to 60.435, inclusive, (July I, 2006 July 1, 

2009) . 

• 

103 
Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, • 

1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-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 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:33. Standards of performance for calciners and dryers in mineral 

industries. The standards of performance for calciners and dryers in mineral industries are those 

in 40 C.P.R. §§ 60.730 to 60.736, inclusive, (Jaly I, 2006 July I, 2009). 

104 

• 

• 
• Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13,2007. 

General Authority: 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 since November 8, 1987, or has additional 

• design capacity available for future waste deposition; 

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 

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

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

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

or more. The calculation of the landfill nonmethane organic compound emission rate must meet 

the requirements of 40 C.F.R. § 60.754 (Jlliy 1, 2006 July 1, 2009), to determine the landfill 

nonmethane organic compound emission rate . 

• 

105 
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-l-18. 

74:36:07:36. Collection system. The department shall approve the collection and control 

system plan if it is equivalent to or meets the conditions provided in 40 C.P.R. § 60.752(b)(2)(ii) 

(J\:lly 1, 2006 July 1, 2009), and the control requirements in§ 74:36:07:37. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; • 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

equivalent to or meets one of the following requirements: 

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

40 C.P.R.§ 60.18 (July 1, 2006 July l, 2009); 

106 

• 
• 

• 

• 

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

98 percent by weight; or 

(3) An enclosed combustor designed and operated to either reduce nomnethane organic 

compounds by 98 percent by weight or the outlet nomnethane organic compound concentration 

to 20 parts per million as hexane by volume, dry basis at three percent oxygen, or less. 

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13,2007 . 

General Authority: 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 in 40 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. 

107 
General Authority: 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 

• 

• 

• 
• 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 of an existing municipal solid waste landfill that meets the requirements 

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

§§ 60.757 and 60.758 (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. 

Law Implemented: 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 

emission rate report within 90 days of the effective date of EPA's approval of the state's § Ill (d) 

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

40 C.P.R.§ 60.757(b) (July 1, 2006 July l, 2009). 

109 
Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18 

74:36:07:43. Standards of performance for new municipal solid waste landfills. The 

standards of performance for municipal solid waste landfills that commenced construction, 

reconstruction, or modification on or after May 29, 1991, are those in 40 C.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 not considered construction, reconstruction, or modification for purposes of this 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: SDCL 34A-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 SDR 217, 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 SDR 217, effective June 13,2007. 

General Authority: 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 in 40 C.F.R. §§ 60.100 to 60.108, inclusive, (Ju-ly 

1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 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 after May 14, 2007. The standards 

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

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

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:47. Standards of performance for secondary lead smelters. The standards of 

performance for secondary lead smelters are those in 40 C.P.R. §§ 60.120 to 60.123, inclusive, 

(July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

in 40 C.P.R.§§ 60.130 to 60.133, inclusive, (Jaly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

112 

• 

• 

• 
• Law Implemented: SDCL 34A-1-18. 

• 

• 

74:36:07:49. Standards of performance for primary emissions from basic oxygen 

process furnaces for which construction commenced after June 11, 1973. The standards of 

performance for basic oxygen process furnaces are those in 40 C.P.R. §§ 60.140 to 60.144, 

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

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

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

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

The standards of performance for basic oxygen process steelmaking facilities are those in 40 

C.P.R.§§ 60.140a to 60.145a, inclusive, (Il:lly 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:51. Standards of performance for primary copper smelter. The standards of 

performance for primary copper smelters are those in 40 C.P.R. §§ 60.160 to 60.166, inclusive, 

(July 1, 2009 July 1, 2009). 

113 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:52. Standards of performance for primary zinc smelter. The standards of 

performance for primary zinc smelters are those in 40 C.P.R. §§ 60.170 to 60.176, 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. 

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 of performance for primary aluminum reduction plant. The 

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

§§ 60.190 to 60.195, inclusive, (July 1, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

§§ 60.200 to 60.204, inclusive, (fuly 1, 2006 July l, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:56. Standards of performance for superphosphoric acid plant. The standards 

of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 60.210 to 60.214, 

inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

115 
74:36:07:57. Standards of performance for diammonium phosphate plant. The 

standards of performance 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, effective June 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 of performance 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 SDR 217, 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 of performance for granular triple superphosphate storage facilities are 

those in 40 C.F.R. §§ 60.240 to 60.244, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

116 

• 

• 

• 
• Law Implemented: SDCL 34A-l-18. 

74:36:07:60. Standards of performance for ferroalloy production plant. The standards 

of performance for ferroalloy production plants are those in 40 C.P.R. § § 60.260. to 60.266, 

inclusive, (July 1, ::woe July I. 2009). 

Source: 33 SDR 217, effective June 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 of performance for 

• 

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

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

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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) . 

117 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:63. Standards of performance for glass manufacturing plant. The standards 

of performance for glass manufacturing plants are those in 40 C.F.R. §§ 60.290 to 60.296, 

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

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

to 60.316, inclusive, (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. 

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

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

§§ 60.370 to 60.374, inclusive, (July 1, 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 of performance for automobile and light duty truck surface 

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

coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, (July 1, 2006 July 1, 

2009). 

Source: 33 SDR 217, effective June 13,2007 . 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:67. Standards of performance for phosphate rock plants. The standards of 

performance for phosphate rock plants are those in 40 C.F.R. §§ 60.400 to 60.404, inclusive, 

(July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

119 
74:36:07:68. Standards of performance for ammonium sulfate manufacture. The • 

standards of performance 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 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

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

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:70. Standards of performance for metal coil surface coating. The standards 

of performance for metal coil surface coating are those in 40 C.P.R. §§ 60.460 to 60.466, 

inclusive, (Jaly 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

120 

• 

• 
• 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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:72. Standards of performance for beverage can surface coating industry. 

The standards of performance for beverage can surface coating industry are those in 40 C.P.R. 

• §§ 60.490 to 60.496, inclusive, (hlly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

to 60.548, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007 . 

• General Authority: SDCL 34A-1-6. 

121 
Law Implemented: SDCL 34A-1-18. 

74:36:07:74. Standards of performance for volatile organic compound emissions 

from polymer manufacturing industry. The standards of performance for polymer 

manufacturing industry are those in 40 C.F.R. §§ 60.560 to 60.566, inclusive, (Jl:lly 1, 2006 July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and • 

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

those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

40 C.F.R. §§ 60.590 to 60.593, inclusive, (July 1, 2006 July l, 2009). 

122 

• 
• 

• 

• 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

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

refmeries. The standards of performance for equipment leaks in petroleum refineries for which 

construction, reconstruction, or modification commenced after November 7, 2006, are those in 

40 C.P.R.§ 60, Subpart GGGa, (July 1, 2009). 

Source: 

General Authority: SDCL 34A-l-6 . 

Law Implemented: SDCL 34A-1-18. 

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

standards of performance for synthetic fiber production facilities are those in 40 C.P.R. 

§§ 60.600 to 60.604, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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 of performance 

123 
for synthetic organic chemical manufacturing industry air oxidation unit processes are those in 40 • 

C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (Ally 1, 2006 

July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:80. Standards of performance for onshore natural gas processing. The 

standards of performance 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 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

124 

• 

• 
• 74:36:07:81. Standards of performance 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, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:82. Standards of performance for VOC emissions from petroleum refinery 

wastewater system. The standards of performance for petroleum refinery wastewater systems 

• are those in 40 C.P.R.§§ 60.690 to 60.699, inclusive, (Jaly 1, 2009 July 1. 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:83. Standards of performance for industrial surface coating -- Surface 

coating of plastic parts for business machines. The standards of performance 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 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:84. Standards of performance for polymeric coating of supporting 

substrates facility. The standards of performance for polymeric coating of supporting substrates 

facilities are those in 40 C.F.R. §§ 60.740 to 60.748, inclusive, (July 1, 2009 July l, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: 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, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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 SDR 217, effective June 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 of performance for other solid waste 

• incineration units are those in 40 C.F .R. § 60, Subpart EEEE (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: 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 of performance 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 subject to Subpart IIII 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 

• 

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

IIII. 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:89. Standards of performance for stationary combustion turbines. The 

standards of performance for stationary combustion turbines are those in 40 C.P.R. §§ 60.4300 to 

60.4420, inclusive, (h1ly 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: 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 of performance 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 if the 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 meet the applicable requirements in Subpart JJJJ. 

Source: • 

128 
• 

• 

• 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:08 

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

Section 

74:36:08:00 

74:36:08:01 

74:36:08:02 

Administrator defined. 

General provisions-- National emission standards for hazardous air pollutants. 

Emission standards for asbestos air pollutants. 

74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) ofbenzene. 

74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels. 

74:36:08:02.03 Emission standards for benzene emissions from benzene transfer operations. 

74:36:08:02.04 Emission standards for benzene waste 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 Clean Air Act 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 manufacturing industry. 

129 
74:36:08:06 

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 subject to negotiated regulations 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 industrial process cooling towers. 

National emission standards for gasoline distribution facilities (bulk gasoline 

terminals and pipeline breakout stations). 

National emission standards for halogenated solvent cleaning. 

National emission standards for wood furniture manufacturing operations. 

National emission standards for aerospace manufacturing. 

National emission standards for tanks. 

National emission standards for containers. 

National emission standards for surface impoundments. 

National emission standards for individual drain systems. 

National emission standards for oil-water separators and organic-water 

130 

• 

• 

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

• 

• 

devices, and routing to a fuel gas system or a process. 

74:36:08:20.02 National emission standards for equipment leaks. 

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 

ingredient production. 

National emission standards for the printing and publishing industry. 

National emission standards for oil and natural gas production facilities. 

National emission standards for natural gas transmission and storage facilities. 

National emission standards for secondary aluminum production. 

National emission standards for publicly owned treatment works. 

National emission standards for solvent extraction for 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 of metal 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