• 

• 

• 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

AFFIDAVIT 

I, Kyrik Rombough, hereby certify that on May 13, 2010, I mailed a full, true, and correct 

copy of the following documents to the members of the Interim Rules Review Committee, listed 

below, at their respective post office addresses and/or electronic mail addresses: 

a. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on April 15, 

2010; 

b. A copy of the comments received during the public notice; 

c. A copy of the minutes for the public hearing; 

d. A copy of the small business impact statement; and 

e. A copy of the fiscal note. 

The Honorable David Lust 

State Representative 

PO Box 8045 

Rapid City, South Dakota 57709-8045 

dlust@gpgnlaw.com 

The Honorable Jean M. Hunhoff 

State Senator 

2511 Mulligan Drive 

Yankton, South Dakota 57078 

jHunhoff@SHHServices.com 

The Honorable Mike Yehle 

State Senator 

132 N Harmon Drive 

Mitchell, South Dakota 57301 

sen. vehle@state.sd. us 

Subscribed and sworn to 

before me this !.3 day 

of~ , .i{0/0 . 

~~~~ Notary Public - South Dakota 

(Seal) 

My Commission expires 

e-r , 2o1o 

The Honorable Jim Hundstad 

State Senator 

sen.hundstad@state.sd.us 

ratrace@nrctv .com 

The Honorable Roger W. Hunt 

State Representative 

PO Box 827 

Brandon, South Dakota.57005-0827 

huntrog7 @alliancecom.net 

The Honorable Peggy Gibson 

State Representative 

1010 Valley View Court 

Huron, South Dakota 57350-4221 

peggygibson@hotmail.com 
• 

• 

• 

Message 

Rombough, Kyrik 

From: Rombough, Kyrik 

Sent: Thursday, May 13, 2010 11 :29 AM 

To: Senator Hundstad, Jim; 'ratrace@nrctv.com' 

Cc: Rombough, Kyrik 

Subject: Revisions to ARSD 74:36 Air Pollution Control Program 

May 13,2010 

The Honorable Jim Hundstad 

State Senator 

Dear Senator Hundstad: 

Please find attached a copy of the following documents: 

Page 1 of 1 

I. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on Apri115, 

2010; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

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

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

Attachments 

05/13/2010 
• 

• 

May 13,2010 

The Honorable Roger W. Hunt 

State Representative 

PO Box 827 

Brandon, South Dakota 57005-0827 

Dear Representative Hunt: 

Please findenclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE. SOUTH DAKOTA 57501·3182 

www .state.sd.us/denr 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on Apri115, 

2010; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

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

Sincerely, 

1/7(£#- / Z' Rombough 

Natural Resources Engineering Director 

Air Quality Program 

Enclosures 
Message Page 1 of 1 

Rombough, Kyrik 

• From-: -~ombou~-;-;;~~-------------------------------------------------

• 

• 

Sent: Thursday, May 13, 2010 11 :34 AM 

To: 'huntrog7@alliancecom.net' 

Cc: Rombough, Kyrik 

Subject: Revisions to ARSD 74:36 Air Pollution Control Program 

May 13,2010 

The Honorable Roger W. Hunt 

State Representative 

PO Box 827 

Brandon, South Dakota 57005-0827 

Dear Representative Hunt: 

Please fmd attached a copy of the following documents: 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on Aprill5, 

2010; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

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

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

Attachments 

05/13/2010 
• 

• 

May 13,2010 

The Honorable Jean M. Hunhoff 

State Senator 

2511 Mulligan Drive 

Yankton, South Dakota 57078 

Dear Senator Hunhoff: 

Please find.enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on April15, 

2010; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

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

Sincerely, 

/?1!!4 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

Enclosures 
Message 

Rombough, Kyrik 

• Fr~~~- - Rom~~=~h.-K-y-rik------·---------····------------·-------------

• 

• 

Sent: Thursday, May 13, 2010 11:36 AM 

To: 'jHunhoff@SHHServices.com' 

Cc: Rombough, Kyrik 

Subject: Revisions to ARSD 74:36 Air Pollution Control Program 

May 13,2010 

The Honorable Jean M. Hunhoff 

State Senator 

2511 Mulligan Drive 

Yankton, South Dakota 57078 

Dear Senator Hunhoff: 

Please find attached a copy of the following documents: 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on April15, 

2010; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

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

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

Attachments 

05/13/2010 

Page 1 of 1 
• 

• 

May 13,2010 

The Honorable Peggy Gibson 

State Representative 

1010 Valley View Court 

Huron, South Dakota 57350-4221 

Dear Representative Gibson: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

www.state.sd.us/denr 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on April 15, 

2010; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

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

Sincerely, 

~~ Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

Enclosures 
• 

• 

• 

Message 

Rombough, Kyrik 

From: Rombough, Kyrik 

Sent: Thursday, May 13,2010 11:29AM 

To: 'peggygibson@hotmail.com' 

Cc: Rombough, Kyrik 

Subject: Revisions to ARSD 74:36 Air Pollution Control Program 

May 13,2010 

The Honorable Peggy Gibson 

State Representative 

1010 Valley View Court 

Huron, South Dakota 57350-4221 

Dear Representative Gibson: 

Please find attached a copy of the following documents: 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on April15, 

2010; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

Ifyou have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

Attachments 

05/13/2010 

Page 1 of 1 
• 

• 

May 13,2010 

The Honorable Mike Yehle 

State Senator 

132 N Harmon Drive 

Mitchell, South Dakota 57301 

Dear Senator Vehle: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www .state.sd.us/denr 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on April15, 

2010; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

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

Sincerely, 

~L(L Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

Enclosures 
Message 

Rombough, Kyrik 

• -Fro-:;---Romb~:~~.~y~k--------------------------------------

• 

• 

Sent: Thursday, May 13, 2010 11:29 AM 

To: Senator Vehle, Mike 

Cc: Rombough, Kyrik 

Subject: Revisions to ARSD 74:36 Air Pollution Control Program 

May 13,2010 

The Honorable Mike Yehle 

State Senator 

132 N Harmon Drive 

Mitchell, South Dakota 57301 

Dear Senator Yehle: 

Please find attached a copy of the following documents: 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on April15, 

2010; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

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

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

Attachments 

05/13/2010 

Page 1 of 1 
• 

• 

May 13, 2010 

The Honorable David Lust 

State Representative 

PO Box 8045 

Rapid City, South Dakota 57709-8045 

Dear Representative Lust: 

Please find.enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on April15, 

2010; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

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

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

Enclosures 
• 

Message 

Rombough, Kyrik 

From: Rombough, Kyrik 

Sent: Thursday, May 13, 2010 11:29 AM 

To: 'dlust@gpgnlaw.com' 

Cc: Rombough, Kyrik 

Subject: Revisions to ARSD 74:36 Air Pollution Control Program 

May 13, 2010 

The Honorable David Lust 

State Representative 

PO Box 8045 

Rapid City, South Dakota 57709-8045 

Dear Representative Lust: 

Please find attached a copy of the following documents: 

I. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on April15, 

2010; 

•

2. 

3. 

4. 

A copy of the conunents received during the public notice; 

A copy of the minutes for the public hearing; 

• 

5. 

A copy of the small business impact statement; and 

A copy of the fiscal note. 

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

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

Attachments 

05/13/2010 

Page 1 of I 
Troc"'"' k;ng 8 5 4 4 Number 2939 4048 

Date 5/13/1 0 

Sende(s Fed Ex 

Account Number 1206-7724-1 

~~~:(s KYRIK ROMBOUGH Phone(605 ) 773-3151 

Company STATE OF S D/CENTRAL MAIL SVCS 

Address 1320 E S I DUX AVE 

City PIERRE State SD ZIP 57501-3995 

2 Your Internal Billing Reference 

Fi<sl""''"""'""'"""onfflo;ce. 20209 

3 To 

~~~ nrs THE HONORABLE PEGGY GIBSON Phone (605 

company STATE REPRESENTATTVE 

Recipienfs Address 

We cannot deliver to P.O. boxes or P.O. ZIP codes. 

Address 1010 VALLEY VIEW COURT ToraqueStapsckage baheldataspecificfedExlocation, printFtdExaddresshera. 

City HURON State SD ZIP 

Try online shipping at fedex.comlt 

By using this Airbill you agree to the service conditions on the back of this Airbill 

and in the current Fed Ex Service Guide, includin9 terms that limit our liability. 

Questions? Go to our Web s1te at fed ex. com or caii1.800.GoFedEx 1.800.463.3339. 

)352-9862 

57350-4221 

0322186727 

Fonn 

IONo. 

0 Fed Ex Priority Overnight Nexs: buJiness~• 

To odd SATURDAY Dohnry,- Se<:bon &. Packages up to 150 lbs. riJ • To,_. a.c.c-. 

~ ~,!l~~~vemight 0 r,a~~!'~~ deivefy to select locations: 

0 ~~J£!:;,.... 0 ~~~~JSaver l._ FedEle Envelop! rll8 not avaiable. Miniml.m cherp« 01'1&-I)()UfXi rm:e. __j 

4b Express Freight Service To ..u SATIJRDAY Dol'-\'.- Soctioo &. Pscksges over 150 /bs. .. To ... toca... 

O ~j~J.,"!.eight* 

•tal for Confirmation: 

5 Packaging 

0 FedEx 

Envelope• 

6 Special Handling 

0 FedEx2DayFrel!lht 

Soc .... ......... doy. 

·Oectared valuekr«S500. 

0 FedEx 

Tube 0 OTher 

0 ~~~~:UN1845 ___ , ___ .. 

O Cargo Aircraft Only 

7 Payment ~ em.FodExAcci.No ... Cnod~eontNo.bolow. ------, 

.J':J!'~ SocOon 0 Recipient 0 Third Party 0 Credit Card 0 Cash/Check 

~ ... -

Total Patges Total Weight Total Declared Valuet 

[/ $ .00 

tour liability is 'mited to$100un!essyou declare a hfollervaloe. See back for details. FedEi<Use Only 

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8 NEW Residential Delivery Signature Options ""'"'"'""'-"heck[);r8Ciodrdro<1. • 

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Terms And Conditions 

Definitions 

refer to Federal Express 

On th1s A1rb1ll, 

Corporation, 

"we, 

rts 

"our; 

employees, 

"us; and 

and 

"FedEx" 

agents. 

• 

"You· and "your refer to the sender, rts employees, and agents. 

Agreement To Tenns By giVI gus your package to deliver, 

you ab ee to all the terms o th1s A1rbill and in the current 

FodEx Serv1ce Guide, whicl> IS ava1lable upon request You 

also agree to those terms on behalf of any third party with an 

interest 10 the package. II there is a conflict between the 

current Fed Ex Service GUide and this Airbill, the current Fed Ex 

Service Guide will control. No one 1s authorized to change 

the terms of our Agree"llent 

Responsibility For Packaging And C~mpleting Airbill 

You are responsible for adequately packag10g your goods and 

properly fillmg out this A1rbill. If you omit the number of 

packages and/or weight per package, our billing will be based 

on our best est1mate of the nu:nber of packages we rece1ved 

and/or an estimated "default" weight per package as 

determ1red by us. 

Responsibility For Payment Even 1! you give us different 

payment mstructlons, you WI I always be pnmanly responsible for 

all de rvery costs, as well as any cost we incunn either returning 

yoLr package to you or ware~ousmg it pend1ng disposition. 

limitations On Our Liability And liabilities 

Not Assumed 

• Our liability 10 connection with this shipment 1s limited to the 

lesser of your actual damages or $100, unless you declare a 

higher value, pay an additional charge, and document your 

actual loss in a ttmely manner. You may pay an addtttonal 

charge for each additional $100 of declared value. The 

declared value does not constitute, nor do we provide, cargo 

liabill!y insurance. 

• In any event, we will not be liable for any damage, whether 

direct. mcidental, special, or consequential, in excess of the 

declared ve'ue of a ·~1pment, whether or not Fed Ex had 

knowledge that sue damages might be incurred, including 

but not h tted to loss of mcome or profits . 

• We won't be liable: 

- for your acts or omiss1ons. including but not limited to 

•mproper or insufficient packing, secunng, marking, or 

addressing, or those of the recipient or anyone else with 

an interest in the package. 

- if you or the recipient violates any of the terms of 

our Agreement. 

- for loss of or damage to shipments of prohibited items. 

for loss, damage, or delay caused by events we cannot 

control, including but not limited to acts of God, perils of 

the air, weather conditions, acts of public enemies, war, 

strikes, civil commotions, or acts of public authorities 

with actual or apparent authority. 

Declared Value Limits 

• The highest declared value allowed for a Fed Ex Envelope, 

FedEx Pak, or FedEx Sleeve shipment is $500. 

• For other shipments, the highest declared value allowed is 

$50,000 unless your package contains items of extraordinary 

value, in which case the highest declared value allowed 

is $500. 

• Items of extraordinary value include shipments containing 

such items as artwork, jewelry, furs, precious metals, negotiable instruments, and other items listed in the current Fed Ex 

Service Guide. 

• You may send more than one package on this Airbill and fill 

in the total declared value for all packages, not to exceed 

the $100,$500, or $50,000 per package limit described above. 

(Example: 5 packages can have a total declared value of up 

to $250,000.) In that case, our liability is limited to the actual 

value of the package(s) lost or damaged, but may not exceed 

the maximum allowable declared value(s) or the total declared 

value, whichever is less. You are responsible for proving the 

actual loss or damage. 

Filing A Claim YOU MUST 

• 

MAKE ALL CLAIMS IN 

WRITING and notify us of your claim within strict time limits 

set out 10 the current Fed Ex Service Guide. 

You may call our Customer Service department at 

t .SOO.GoFedEx 1.800.463.3339 to report a claim; however, 

you must still file a timely written claim. 

Within nine months (from the sh1p date) after you notify us of 

your claim, you must send us all the information you _have 

about it We aren't obligated to act on any cia 1m untll you 

have paid all transportation charges, and you may not deduct 

the amount of your claim from those charges. 

lithe recipient accepts your package without noting any 

damage on the delivery record, we will assume the package 

was delivered in good condition. For us to process your claim, 

you must make the original shipping cartons and packing 

available for inspection. 

Right To Inspect We may, at our option, open and inspect 

your packages before or after you give them to us to deliver. 

Right Of Rejection We reserve the right to reject a shipment when such shipment would be likely to cause 

delay or damage to other shipments, equipment, or 

personnel; or if the shipment is prohibited by law; or if the 

shipment would violate any terms of our Airbill or the current 

Fed Ex Service Guide. 

C.O.D. Services C.O.D SERVICE IS NOT AVAILABLE WITH 

THIS AIRBILL If C.O.D. Service is required, please use a FedEx 

C.O.D. Airbill. 

Air Transportation Tax Included A federal excise 

tax when required by the Internal Revenue Code on the air 

transportation portion of this service, if any, is paid by us. 

Money-Back Guarantee In the event of untimely delivery, 

Fed Ex will, at your request and w1th some limitations, refund 

or credit all transportation charges. See the current Fed Ex 

Service Guide for more information. 
2 

From Please IJfint and press hard. 

Date 

Senders 

Name 

5/13/10 Senders Fed Ex 

Account Number 

KYRIK ROKBOUGH 

r.:c':O~ 8473 7653 4370 Number 

1206-7724-1 

Phone ( 

605 ) 773-3151 

Com an STATE O'F s D/CENTRAL MAIL svcs 

1320 E 

Address 

SIOUX AVE 

Oept.Jfloot!Suitalfloom 

PIERRE SD 57501 c· State ZIP 

Your Internal Billing Reference First24 chlractel'lwileppearonirivoice 20209 DPTI I~ 

3 To 

Recipients Name THE HONORABLE DAVID LUST Phone ( 605 ) 342-1078 

Company 

Recipients 

Address 

STATE REPRESENTATIVE 

We unnot deliver to P.O. boxes or P.O. ZIP codes. 

Address 3860 PONDEROSA TRL To requen a package ba held at a1pecific FedEx location, print FedExaddrass hare. 

City RAPID CITY State SD ZIP 

Try online shipping at fedex com~ 

By using this Airbill you agree to the service conditions on the back of this Airbill 

and in our current Service Guide, including terms that limit our liability. 

57709- 8045 

-IDNo. 5 

4a Express Package Service 

D Fed Ex Priority Overnight Next busineu morning• 'ld! W FedEx Standard Overnight Nextbosinesseftemoon• 

D ~!~~ • ..,. D ~~~~~sSaver L___ FedEx Envelope rate not available. M.rimtln chlrpe: One-pound rate ___j 

4b Express Freight Service 

D 2e.J2."t:~eight* 

• C.AforConfinne'bon:: 

5 Packaging 

D FedEx 

Envelope• 

Packages up to 150 lbs. •Jol'*lloc;a&~.Ofll D Fed Ex First Overnight ElrfleStntxtbusineurnomil'lg 

cklfval)'toselect locations• 

Packages over 150 lbs. "To.,..._,_ 

·oeclaredvaluelimilS500 

D FedEx 

Tube 

D Other 

6 Special Handling Include FedEx edd•ess in Secllon 3. ---

0 ~=X~ D ~t F~~~~~~r., D ~81!~~~:Jon ~~=~~:,:.:::::~· NOT Available for Available ONLY for Freigtttoseltet ZIP codes FtdEIIFirstOvemight :~=~~~:!, 

Does this shipment contain dangerous goods? 

One box must be checked 

D No D X;~aO>chtd D ~•D"""""" D £v'Y,~?.~uNl845 ___ x ___ k; 

o,"l....,gooc~sr.....:":',:~t;,'::sl"ipped';,".:O~"'; .. ging D Cargo Aircraft Only 

1 Payment ~ Enoo•FedExAcct.No.orC..OrtCaniNo. below. -, 

1'\1\' "ender D Recipient D Third Party D Credit Card D Cash/Check ~etNo.i'IStction lwtlbebilled. 

Ftd&Actt.No. 

CrtdilCitdNo. 

Total Icl<ages Total Weight Total Declared Valuet 

"2-- s .00 

tour ~ability is limited toSUXl unless you declare a higher value. See back for detaHs. 

8 Sign to Authorize Delivery Without a Signature 

Exp. 

0118 

fedExUse Onlf 

Questions? Visit our Web site at fedex.com or calll.BOO.GoFedEx 1.800.453.3339. 0290104905 

By signing you authorize us to deliver this shipment without obtaining a signature and agree to indemnify and hold us hannless from any resutting claims. 

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Terms And Conditions 

Definitions 

Federal Express 

On 

Corporation, 

th1s A1rbill. 

its 

"we, 

employees, 

our," and 

and 

"us" 

agents. 

refer 

"You" 

to • 

and "your" refer to the sender rts employees. and agents. 

Agreement To Terms By g1vmg us your package to deliver, 

you agree to all the terms on this A1rbill and m our current 

Serv1ce Gu1de, which is available on request You also agree 

to those terms on behalf of any th1rd party with an interest in 

the package. If there is a conflict between the Service Guide 

and this Airbill, the Service GUide will control No one 1S 

author; zed to change the terms of our Agreement 

Responsibility For Packaging And Completing Airbill 

You are responsible for adequately packagmg your goods and 

properly filling out this A1rbill If you om1t the number of 

packages and/orwe1ght per package our billing will be based 

on our best estimate of the number of packages we rece1ved 

and/or an estimated "default" we1g!Jt per package as 

determmed by us. 

Responsibility For Payment Even 1fyou give us different 

payment Instructions, you Will always be primanly responsible for 

all delivery costs, as well as any cost we incur in either retummg 

your package to you or warehousing it pending disposition. 

Limitations On Our Liability And Liabilities 

Not Assumed 

• Our liab1lity m connection With this shipment IS lim1ted to the 

lesser of your actual damages or $100, unless you declare a 

higher value, pay an additional charge, and document your 

actual loss m a timely manner You may pay an additional 

charge for each additional $100 of declared value. The 

declared value does not consutute, nor do we provide, cargo 

liability insurance 

• In any event, we Will not be liable for any damage, whether 

direct, mc1dental, spec1al, or consequential. m excess of the 

declared value of a shipment, whether or not Federal Express 

had knowledge that such damages m1ght be incurred, 

includmg but not limited to loss of ncome or profits. 

• We won't be liable: 

for your acts or omiss10ns, including but not limited to 

improper or insufficient packing, securing, marking, or 

addressing, or those of the recipient or anyone else with 

an 10terest in the package. 

- if you or the recipient violates any of the terms of 

our Agreement 

- for loss of or damage to shipments of prohibited items. 

- for loss, damage, or delay caused by events we cannot 

control, including but not limited to acts of God, perils of 

the air, weather conditions, acts of public enemies, war, 

strikes, civil commotions, or acts of public authorities 

with actual or apparent authority. 

Declared Value Limits 

• The highest declared value allowed for a FedEx Envelope or 

Fed Ex Pak shipment is $500. 

• For other shipments, the highest declared value allowed is 

$50,000 unless your package contains items of extraordinary 

value, in which case the highest declared value allowed 

IS $500. 

• Items of extraordinary value include shipments contaming 

such Items as artwork, jewelry, furs, precious metals, negotiable instruments, and other items listed in our Service Guide. 

• You may send more than one package on this Airbill and fill 

10 the total declared value for all packages, not to exceed 

the $100.$500. or $50,000 per package limit described above. 

(Example: 5 packages can have a total declared value of up 

to S250.000.)1n that case, our liability is limited to the actual 

value of the package(sllost or damaged, but may not exceed 

the maximum allowable declared value(s) or the total declared 

value, whichever is less. You are responsible for proving the 

actual loss or damage. 

Filing A Claim YOU MUST MAKE ALL CLAIMS IN 

WRITING and notify us of your claim within strict time limits 

set out 10 the current Service Guide. 

You may call our Customer • Service department at 

1.800.GoFedEx 1.800.463.3339 to report a claim; however, you 

must still file a timely written claim. 

Within 45 days after you notify us of your claim, you must 

send us all the information you have about it We aren't 

obligated to act on any claim until you have paid all 

transportation charges, and you may not deduct the amount of 

your claim from those charges. 

If the recipient accepts your package without noting any 

damage on the delivery record, we will assume the package 

was delivered in good condition. For us to process your claim, 

you must make the original shipping cartons and packing 

available for inspection. 

Right To Inspect We may, at our option, open and inspect 

your packages before or after you give them to us to deliver. 

Right Of Rejection We reserve the right to reject a 

shipment when such shipment would be likely to cause delay 

or damage to other shipments, equipment, or personnel; or if 

the shipment is prohibited by law; or if the shipment would 

violate any terms of our Airbill or our current Service Guide. 

C.O.D. Services C.O.D. SERVICE IS NOT AVAILABLE WITH 

THIS AIRBILL If C.O.D. Service is required, please use a 

Federal Express C.O.D. Airbill. 

Air Transportation Tax Included A federal excise 

tax when required by the Internal Reverue Code on the air 

transportation portion of this service, if any, is paid by us. 

Money-Back Guarantee In the event of untimely delivery, 

Federal Express will, at your request and with some limitations, 

refund or credit all transportation charges. See current Service 

Guide for more information. 

Pan#l!I8279•Rev 11/03 
From Pi8aseprimond/Jfssshonl. 

Date 5/13/10 Sender's FedEx 

Account Number 

Sender's 

Name 

KYRIK ROMBOUGH 

,,:,·.~:; 8 4 7 3 7 6 5 3 4 3 8 0 Number 

1206-7724-1 

Phone (

605 l 773- 3151 

Com an STATE OF S D/CENTRAL MAIL SVCS 

Address 1320 E SIOUX AVE 

State SD ZIP 57501 

2 Your Internal Billing Reference Fnt 24 characterswilappear on invoic:a. 20209 0 TIOI A 

3 To 

Recipient s 

Name THE HONORABLE JEAN M HUNH<WJ':e ( 605 1 668-8312 

Company 

Recipients 

Address 

STATE SENATOR 

We cannot deliver to P.O. boJCes or P.O. ZIP codes. 

Address 2511 MULLIGAN DRIVE To request a packagebeheldata specificfedExlocatlon. print FadExaddrasshare. 

City YANKTON State SD ZIP 57078 

I 

in 01" ctJrre•rt """"' Guide. including terms that limit our liabnity. 

Forno 

IONo. 5 

4a Express Package Service 

0 Fed Ex Priority Overnight d Fed Ex Standard Overnight Next bumtss morM!g• ~ Next busiless afternoon• 

0 Fed Ex 2Day 0 Fed Ex Express Saver Secondbusilessdey-- ThirdbusWI8SidiY"' 

L_ Fed Ex Envelope rate not available. Minirun ctlaroe: One· pound rate ____.J 

4b Express Freight Service 

O ~~~YJ~eight* 

'Cal fc<Confirmelion: 

5 Packaging 

0 FedEx 

Envelope* 

0 Fed Ex 2Day Freijlht Secondbusilessdrr 

Pscksges Ol'llr 150 lbs. -To....C)Kat)OM 

0 Fed Ex 3Dav Freight Thk'dbusi'less day'"• 

0 

•oeclaradvaluelinitSSOO 

FedEx 0 Other 

Tube 

6 Special Handling ---- Include FedEle oddrm in Section 3. 

0 SAlUIDAY Delivery 0 HOLD Weekday 0 HOLD Saturday Available ONLY for at FedEx Location at FedEx Locaoon 

f::~~,:,;',g','J· ~J~&!J!~:J•r ~~f!I~W,~~nd ffeighttosalect ZIP codes f«!Ex2Daytoseleclb:lfions 

Does this shipment contain dangerous goods? 

One box must lie checkad 

0 No 0 'f::e, ~ttached D ~sOec~tion D ~~ ~~9~UN18&S ---'---"< Shippe(s Declarltion noc required 

Dangerous goods fi'ICkldng Dry lett caMOC. be shipped in FedEx peekaging. O Cargo Aircraft Only 

1 Payment ~ Enter FedEx Aoct No. .. c...t~ c.nt No. below. ----, 

..r/. ~ender . 0 Recipient 0 Third Party 0 Credit Card 0 Cash/Check ~ct. No. in SectiOn 1wllbebiled. 

f«<ExAcct.No. 

Ctedito-dNo. 

_:r:_ Total Weight 

&-

Total Declared Valuet 

$ .00 

tour liability is limited to $100 unless you declare a higher value. See back for dstails. 

8 Sign to Authorize Delivery Without a Signature 

Exo. 

0118 

Fed Ex Use Only 

Questions? Visit our Web site at fedex.com or calll.SOO.GoFedEx 1.800.403.3339. 0290104905 

By signing you authorize us to deliver this shipment without obtaining a signature 

and agree to indemnify and hold us harmless from any resulting claims. 

• 

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Terms And Conditions 

Definitions 

Federal Express 

On 

Corporation. 

th1s A1rbill, 

its 

"we." 

employees, 

"our." and 

and 

"us" 

agents

refer 

. "You

to • · 

and "your" refer to the sender. 1ts employees. and agents. 

Agreement To Terms By giving us your package to deliver • 

you agree to all the terms on th1s A1rbill and m our current 

Service Guide, which 1s available on request You also agree 

to those terms on behalf of any third party w1th an interest m 

the package. If there is a conflict between the Service Guide 

and this A1rb1ll, the Service Guide will control. No one is 

authomed to change the terms of our Agreement 

Responsibility For Packaging And Completing Airbill 

You are responsible for adequately packagmg your goods and 

properly filling out th1s A1rbill. If you om1t the number of 

packages and/or weight per package, our billing will be based 

on our best est1mate of the number of packages we rece1ved 

and/or an est1mated "default" we1ght per package as 

determmed by us 

Responsibility For Payment Even if you g1ve us different 

payment mstrucuons. you will always be pnmarily responsible for 

all delivery costs, as well as any cost we incur in either returning 

your package to you or warehousing 1t pendmg d1sposrtion. 

Limitations On Our Liability And Liabilities 

Not Assumed 

• Our liability in connectiOn w1th thiS shipment IS limited to the 

lesser of your actual damages or $100, unless you declare a 

higher value, pay an additiOnal charge, and document your 

actual loss in a timely manner. You may pay an add1Uona1 

charge for each additiOnal $100 of decla·ed value. The 

declared value does not constitute, nor do we prov1de, cargo 

liability insurance. 

• In any event. we will not be liable for any damage, whether 

direct, mcidental, spec1al, or consequential. 1n excess of the 

declared value of a shipment, whether or not Federal Express 

had knowledge that such damages might be incurred, 

mcludmg but not limited to loss of 1ncome or profits. 

• We won't be liable: 

- for your acts or omissions, including but not limited to 

improper or insufficient packing, securing, marking, or 

addressing, or those of the recipient or anyone else with 

an interest in the package. 

- 1f you or the recipient violates any of the terms of 

our Agreement. 

- for loss of or damage to Shipments of prohibited items. 

- for loss, damage. or delay caused by events we cannot 

control, including but not limited to acts of God, perils of 

the air, weather conditions, acts of public enemies, war, 

strikes, civil commotions, or acts of public authorities 

with actual or apparent authority. 

Declared Value Limits 

• The h1ghest declared value allowed for a Fed Ex Envelope or 

FedEx Pak shipment is $500. 

• For other shipments, the highest declared value allowed is 

$50,000 unless your package contains items of extraordinary 

value, in which case the highest declared value allowed 

is $500. 

• Items of extraordinary value mclude shipments containing 

such items as artwork, jewelry, furs, precious metals, negotiable instruments, and other items listed in our Service Guide . 

• You may send more than one package on this Airbill and fill 

in the total declared value for all packages. not to exceed 

the $100,$500, or $50,000 per package limit described above. 

(Example: 5 packages can have a total declared value of up 

to $250,000.) In that case, our liability is limited to the actual 

value of the package(s) lost or damaged, but may not exceed 

the maximum allowable declared valuels) or the total declared 

value, whichever is less. You are responsible for proving the 

actual loss or damage . 

Filing A Claim YOU MUST MAKE ALL CLAIMS IN 

WRITING and notify us of your claim within strict time limits 

set out in the current Service Guide . 

You may call our Customer • Service department at 

1.800.GoFedEx 1.800.463.3339 to report a claim; however. you 

must still file a timely written claim. 

Within 45 days after you notify us of your claim, you must 

send us all the information you have about it. We aren't 

obligated to act on any claim until you have paid all 

transportation charges. and you may not deduct the amount of 

your claim from those charges. 

If the recipient accepts your package without noting any 

damage on the delivery record, we will assume the package 

was delivered in good condition. For us to process your claim, 

you must make the original shipping cartons and packing 

available for inspection. 

Right To Inspect We may, at our option. open and inspect 

your packages before or after you give them to us to deliver. 

Right Of Rejection We reserve the right to reject a 

shipment when such shipment would be likely to cause delay 

or damage to other shipments, equipment, or personnel; or if 

the shipment is prohibited by law; or if the shipment would 

v1olate any terms of our Airbill or our current Service Guide. 

C.O.D. Services C.O.D. SERVICE IS NOT AVAILABLE WITH 

THIS AIRBILL. If C.O.D. Service is required, please use a 

Federal Express C.O.D. Airbill. 

Air Transportation Tax Included A federal excise 

tax when required by the Internal Revenue Code on the air 

transportation portion ofthis service, if any, is paid by us. 

Money-Back Guarantee In the event of untimely delivery, 

Federal Express will, at your request and with some limitations, 

refund or credit all transportation charges. See current Service 

Guide for more information. 
2 

Date 5/13/10 Sende( s FedEx Account Number 

~~:(s KYRIK ROMBOUGH 

r.::, ~ 8473 7653 4406 Number 

120 6-7724-1 

Phone ( 605 ) 773-3151 

Com an STATE OF s D/CENTRAL MAIL svcs 

1 320 E SIOUX AVE 

Address OeP1filwfS<ito,1loom 

PIERRE SD ZIP 57501 c· State 

Your Internal Billing Reference Fir1c24cMrlcters will appearonlf'IYOice.. 20209 TIO 

3 To 

:enrs THE HONORABLE MIKE VEBLE 

Company 

Recipienfs 

Address 

STATE SENATOR 

We cannot deliver to P.O. boxes or P.O. ZIP codes. 

Address 132 N HARMON DRIVE To request • package be held at a specific Fed&: loution,print FedE:ceddress here. 

City MITCHELL State SD 

Phone ( 605 ) 995-1109 

ZIP 57301 

Try online shipping at fedex com~ 

-ID No. 5 

4a Express Package Service 

0 ~E~,!'_'!_ ~yemight M Fed Ex Standard Overnight -~OVH.,_,_,. ~ NIXI:businessttwnoon• 

0 Fed Ex 20ay 0 FedEx Express Saver Second bu$irlt$$ df'( Third busitlt$$ drf L___ FedEx f.swO;)pe rete noc.evalklble. Minimum cheroe: Ofleopoond rata ___J 

4b Express Freight Service 

0 ~:~tx ~a~ ght* 

•tel for Confirmation: 

5 Packaging 

0 FedEx 

Envelope* 0 

Pscksges over 151J /bs. -To most locabonl 

• oeclaredvalle&ni.$500 

FedEx 0 Other Tube 

6 Special Handling lncludofodExodd""'"SoclionJ. ---

0 r.-=~~ 0 ~~~~~'/n 0 Jon gr~~~~,';l;'~;J· ~~~.;!!~~or Available ONLY for 

ffeighttostlect ZIP codes ~~==::s Does this shipment contain dangerous goods? One box must be checked ----

0 No 0 X!':O.~tt~ched 0 Declomon 0 £v'Y ~~~UNill 5 ___ , ___ kg 

Shippe(sDeclaretion notrequired 

engerousQOOds .ncklding ()rylc elc~beshipped fedExpe bgf)g. O Cargo Aircraft Only 

1. Payment ~ Ente•FodExAccl No. orc...loCaniNo.below. ----, 

18-sender 0 Recipient 0 Third Party 0 Cre ~ Card 0 Castv'Check :.o.~ction 

-=r:-tour liability is limitedto$100unless vou declare a higher value. See back for details. 

Tolal Declarnd Valuet 

$ .00 

8 Sign to Authorize Delivery Without a Signature 

.... OMI 

FodEx Use n~ 

By using this Airbill you agree to the service conditions on the back of this Airbill 

and in our currem Service Guide, including terms that limit our liability. 

Questions? Visit our Web site at fed ex. com or caii 1.800.GoFedEx 1.800.463.3339. 

0290 104 905 

By signing you authorize us to deliver this shipmem without obtaining a signature and agree to indemnify and hold us harmless from any resulting claims. 

SRF•Rev Date 11Jtt:)• Pani 158279•Cll994-2003 Fadb•PRINTED IN U.SA 

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Terms And Conditions 

Federal 

DefinitiOns 

Express 

i)n 

Corporat•on 

t~IS Al:bill, 

1ts 

·we. 

employees, 

"ou : ar 

and 

d "us 

agents. 

refer 

"You· 

to • 

and "your" refer to the sender. tts employees, and agents. 

Agreement To Terms By g1vmg us your peckage to deliver 

you agree to all the terms on thiS A1rbill and 10 our current 

Service GUide, wh1ch IS ava1lable on request You also agree 

to those terms on behalf of any third party w1ti an Interest 10 

the package. If t~ere 1s a conflict between the Service GUide 

and this A1rb11l the Serv1ce GUide will cort ol No one IS 

authorized to change tne terms o our Agree~ent 

Responsibility For Packaging And Completing Airbill 

You are esponsible for adequately packagmg your goods and 

properly f1llmg out th1s A1rb1ll If you om1t the number of 

packages and/or weight per package, our billing will be based 

on our best estimate oft'le number of packages we rece1ved 

and/or an estimated "default" we•ght per package os 

determmed by us. 

Responsibility For Payment Even 1f you g1ve us different 

payment 1nstrucbons you Will always be pnmanly responsible for 

all delivery costs, as well as any cost we mcur m either •etummg 

your package to you or warehousing it pend1ng disposition. 

Limitations On Our Liability And Liabilities 

Not Assumed 

• Our liab1hty 10 connection w1th th1s sh1pment IS hm1ted to the 

lesser of your actual damages or $100, unless you declare a 

h1gher value, pay an additional charge, and document your 

actual loss in a timely manner. You may pay an addit1onal 

charge for each additiOnal SIOO of declared value. The 

declared value does not constitute. nor do we prov1de. cargo 

liability msurance. 

• In any event. we will not be liable for any damage, whet~er 

direct, incidental, spec1al, or consequential. m excess of the 

declared value of a sh1pment. whether or not Federal Express 

had knowledge that such damages might be incurred, 

includmg but not lim1ted to loss of income or profits. 

• We won't be liable: 

for your acts or omissions, including but not limited to 

1m proper or insufficient packing, securing, marking, or 

addressing, or those of the recipient or anyone else with 

an mte·est m the package. 

if you or the recipient vrolates any of the terms of 

our Agreement. 

for loss of or damage to sh1pments of prohibited items. 

- for loss. damage, or delay caused by events we cannot 

control, mcluding but not limited to acts of God, perils of 

the air. weather conditions, acts of public enemies, war, 

strikes, civil commotions. or acts of public authorities 

with actual or apparent authority. 

Declared Value limits 

• The highest declared value allowed for a FedEx Envelope or 

Fed Ex Pak shipment IS $500. 

• For other sh1pments, the highest declared value allowed is 

$50,000 unless your package contains items of extraordinary 

value, in which case the highest declared value allowed 

is $500. 

• Items of extraordinary value include shipments containing 

such items as artwork, Jewelry, furs, precious metals, negotiable instruments, and other items listed in our Service Guide. 

• You may send more than one package on th1s Airbill and fill 

m the total declared value for all packages, not to exceed 

the $100, S500, or $50,000 per package limit described above. 

(Example: 5 packages can have a total declared value of up 

to $250,000) In that case, our liability IS limited to the actual 

value of the package(s) lost or damaged, but may not exceed 

the maximum allowable declared value(s) or the total declared 

value, whichever is less. You are responsible for proving the 

actual loss or damage . 

Filing A Claim YOU MUST MAKE ALL CLAIMS IN 

WRITING and notify us of your claim within strict time limits 

set out m the current Service Guide . 

You may call our Customer • Service department at 

1.800.GoFedEx 1.800.463.3339 to report a claim; however, you 

must still file a timely written claim. 

Within 45 days after you notify us of your claim, you must 

send us all the information you have about it. We aren't 

obligated to act on any claim until you have pa1d all 

transportation charges, and you may not deduct the amount of 

your claim from those charges. 

If the recipient accepts your package without noting any 

damage on the delivery record, we will assume the package 

was delivered 1n good condition. For us to process your claim, 

you must make the original shipping cartons and packing 

available for inspection. 

Right To Inspect We may, at our option, open and mspect 

your packages before or alter you give them to us to deliver. 

Right Of Rejection We reserve the right to reject a 

shipment when such shipment would be likely to cause delay 

or damage to other shipments, eqUipment, or personnel; or if 

the shipment is prohibited by law; or if the shipment would 

violate any terms of our Airbill or our current Service Guide. 

C.O.D. Services C.O.D. SERVICE IS NOT AVAILABLE WITH 

THIS AIRBILL If C.O.D. Service is required, please use a 

Federal Express C.O.D. Airbill. 

Air Transportation Tax Included A federal excise 

tax when required by the Internal Revenue Code on the air 

transportation portion of this service, if any, is paid by us. 

Money-Back Guarantee In the event of untimely delivery, 

Federal Express will, at your request and with some limitations, 

refund or credit all transportation charges. See current Service 

Guide for more mformation. 
Express 

• irbi/1 

From ,.,,..,..lndpmsiNtd. 

Date 

Sende(s 

Name 

5/13/ 10 Sende(s Fed Ex 

Account Number 

KYRIK ROMBOUGH 

r,::~~ 8473 7653 4391 Number 

120 6-7724-1 

Phone ( 605 ) 773- 3151 

com an STATE OF S D/CENTRAL MAIL SVCS 

Address 1320 E S I OUX AVE 

c· PIERRE State SD ZIP 57501 

2 Your Internal Billing Reference F"nl2 charemrawile~roniiWolce. 20209 

3 To 

~~~enrs THE HONORABLE ROGER W HUNT Phone (605 ) 582- 2580 

Company 

Recipients 

Address 

STATE REPRENSTATIVE 

We unnot deliver to P.O. boxes or P.O. ZIP cod ea. 

Address 1320 RUSHMORE DR SUITE 108 To request 1 peckage be held 11 1 apecific FedEx loe~tion. print FedEli addren hert. 

City BRANDON State SD ZIP 57005-0828 

Try online shipping at fedex com~ 

Fonn 

lONe. 5 

4a Express Package Service 

D FedEx Priority Overnight NIXlbuliltssiTIOI"'WWQ" 1V'i Fed Ex Standard Overnight LAl Nmbusi'Muabmoon" 

4b Express Freight Service Pack8f16S over 1511 lbs . .. ,0,....~ 

D ~~~..S¥,7-e ght* D Fed Ex 2Day Fre~ht Stcondbusi1eSs dey- D Fed Ex 3Dav Freight TlWdbuoi>..,doy" 

• ee•lor Confwmetion: 

5 Packaging 

0 FedEx 

Envelope• 

• Dtcleredvaloelimit$500 

0 FedEx 

Tube 

6 Special Handling Include FodEx odd""'" Soc:t••• 3 

0 Other 

0 SAllJRDAY Delillery 0 HOLD Weekday 0 HOLD Saturday ~= 20.,, atFedExl.ocalion atFedExl.ocanon 

r.d&tDoyfl1iQIC.""'r.d"20" NOT Available lor Avoilo~laONLYior 

-IOsoloctZ!

Does thta shipment Pcoda contain dangerous goods? 

r.d&Fni!Mmig.. ==~ 

One box ~nu11 be cheeked 

D No D Xl'J...,,hod D ~~- D £.~~:UN184$ __ • _ _ ,.. Shij)pt{sDK..,._ notrequired 

._goodo(~lllykolc.....,be-~Fedfxpae- D Cargo Aircraft Only 

1 Payment ~ fnoe•fodExAt<t.No.oren.t<ConiNo.botow. ----, 

~~~: 51 0 Recipient 0 Third Party 0 Credit Card 

wlbebihd. 

ftd&AtCLNo. 

CillltCani No. 

Total Declared Valuet 

$ .00 

tour 6ability is imited to $100 unless you declare a higher value. See back for details. 

8 Sign to Authorize Delivery Without a Signature 

0 Cash/Check 

.... 

Dote 

fodExUseDnly 

By using this Airbia you agree to the service conditions on the backofthisAirbiO 

and i1 our currem Service Guide, including terms that limit our liability. 

Questions? Visit our Web site at fed ex. com or calll.I!OO.GoFedEx 1.800.463.3339. 

0290104905 By signing you euthonze us to delver this shipment without obtaining: a signature and agree to indemnify and~ us harmless from any resulting claims. 14661 

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Terms And Conditions 

Fed. 

Defimt1ons 

e Express 

On 

Corporation 

t"•s A1rb1ll 

rts 

we·· 

employees, 

ou : 

and 

1d "us" 

agents 

•efer 

"You" 

to • 

d your refer to the sender. ts employees. and age ts. 

Agreement To Tenns By g1vmg us your package to dehve 

you a ee to all t: a terms o~ t IS A1 bill and ~our cur•ent 

Serv1ce Gu1de, whtch IS eva1lable on •equest You also agree 

tot ose terms on behalf of any thrd party w• an l~terest m 

the p~ckage l' t~ere IS a co. r1ct between the Se-rv•ce Gu1de 

and th1s A1r~lll the Serv1ce Gu1de w11 co~•·ol 'llo one s 

authonzed to change t terms of our Ag eerr:ert 

Responsibility For Packaging And Completing Airbill 

You are respors1ble for adequately packagmg your goods and 

proper y f1llmg out thiS Atrbtll If you Ol'llt the number of 

packages and/or we1ght per package our btlhng Will be based 

on our best est mateo tl'e nu:-~ber of packages we rece1ved 

and/or an estur.ated "de'ault" we1 t per package as 

determmed by us 

Responsibility For Payment Ever If yo giVe us different 

payment mstrucuons, you WJI always be pnmanly responsible for 

all deliVery costs, as well as any cost we 1 cur m either retumirg 

your package to you or warehous1rg It pend rg d1sposrtmn 

Limitations On Our Liab1hty And Liabilities 

Not Assumed 

• Our hab1hty m connection w1th th1s s1'1pment IS 1m1ted to the 

lesser of your actual damages o SlOO unless you dec rea 

h1gher value, pay add1t10n cllarge. and document your 

actual oss m a t1mely m,~rer You may pay an additional 

chs•ge for each additional $100 of declared value The 

declared value does 1101 corstttute, nor do we prov1de, cargo 

habtltty surance 

• In any evt,t we Will ot be table for y aamage. whether 

dtrect, me dent • spe al or conseque1tral m excess of the 

declared value of a sh1pm rt. whether or n • Fade ll'xpress 

had knowledge t at Sut' damages T"Jght be meum; 

me ~dmg but not Um1tc tCI loss of mco e or prof1ts 

• We won't be liable: 

for your acts or omiSSions. including but not limned to 

1m proper or ~sufftcient packmg, secunng, marking, or 

addressmg. or those ol the rec1p1ent or anyone else w1th 

an Interest m the package. 

1f you or the rec1pient violates any of the terms of 

our Agreement 

- for ass of or damage to shipments of prohibited items. 

fAr loss, damage, or delay caused by events we cannot 

control,tncluding but not limited to acts of God, perils of 

the a1r, weather conditions, acts of public enemies, war. 

strikes, civil commotions. or acts of public authorities 

wtth actual or apparent authority. 

Declared Value limits 

• The highest declared value allowed for a Fed Ex Envelope or 

Fed Ex f'ak s~tpment IS $500. 

• For otrer sh1pments, the highest declared value allowed 1s 

$50,000 unless your package contams ttems of extraordinary 

value, m wh1ch case the htghest declared value allowed 

IS $500 

• Items of extraordinary value mclude shipments contammg 

such Items as artwork. jewelry, furs, precious metals, negotJable Instruments. and other items listed m our Service Guide. 

• You may send more than one package on th1s Airb1ll and fill 

m the total declared value tor all packages. not to exceed 

the $100. SSOO, or SSO,OOO per package limit described above. 

(Example: 5 packages can have a total declared value of up 

to $250.000.) In that case. our liability is limited to the actual 

value of the package(s) lost or damaged. but may not exceed 

the max1mum allowable declared value(s) or the total declared 

value, whichever is less. You are responsible for proving the 

actual loss or damage 

Fihng A Claim YOU MUST MAKE ALL CLAIMS IN 

WRITING and not1fy us of your claim withm strict time limits 

set o • m the current Serv1ce Guide. 

You may call our Customer • Serv1ce department at 

1.800.GoFedEx 1.800.463.3339 to report a cia 1m; however, you 

must still file a timely written claim 

Within 45 days after you not1fy us of your cia 1m. you must 

send us all the information you have about it. We aren't 

obligated to act on any cia 1m until you have pa1d all 

transportation charges, and you may not deduct the amount of 

your claim from those charges. 

If the recipient accepts your package without noting any 

damage on the delivery record, we will assume the package 

was delivered in good condition. For us to process your claim, 

you must make the original shtpping cartons and packing 

available for inspection. 

Right To Inspect We may, at our option, open and inspect 

your packages before or after you give them to us to deliver. 

Right Of Rejection We reserve the nght to reject a 

shipment when such shipment would be likely to cause delay 

or damage to other shipments, equipment, or personnel; or if 

the shipment is prohibited by law; or if the sh1pment would 

violate any terms of our Atrbill or our current Service Guide. 

C.O.D. Services C.O.O SERVICE IS NOT AVAILABLE WITH 

THIS AIRBILL If C.O.D. Service is requtred. please use a 

Federal Express C.O.D. Airbill. 

Air Transportation Tax Included A federal excise 

tax when required by the Internal Revenue Code on the air 

transportation portion of th1s service, if any, is paid by us. 

Money-Back Guarantee In the event of untimely delivery, 

Federal Express will, at your request and with some limitations, 

refund or credit all transportation charges. See current Service 

Guide tor more tnformation. 

Panii58779•Rev 11103 
• 

• 

MEMO TO: 

FROM: 

SUBJECT: 

Doug Decker 

Code Counsel 

May 14, 2010 

Legislative Research Council 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

WWifl( .state.sd.us/denr 

Kyrik R~gh, Natural Resources Engineering Director 

Air Quality Program 

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

Program 

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

Pollution Control: 

The enclosed packet contains the following documents: 

• A copy of the first draft of the revisions; 

• A copy of Legislative Research Council's recommended changes 

• A copy of the final draft approved by the Board of Minerals and Environment 

• The original form #11, which contains the signatures of a majority of the members of the Board 

of Minerals and Environment; 

• A copy of the affidavit of the mailing to the Rules Committee members; 

• A copy of the minutes for the April 15, 2010, Board of Minerals and Environment meeting. 

If you have any concerns or questions, please contact me at (605) 773-3151. 
• ARTICLE 74:36 

AIR POLLUTION CONTROL PROGRAM 

Chapter 

74:36:01 Definitions. 

74:36:02 Ambient air quality. 

74:36:03 Air quality episodes. 

74:36:04 Operating permits for minor sources. 

74:36:05 Operating permits for Part 70 sources . 

• 74:36:06 Regulated air pollutant emissions. 

74:36:07 New source performance standards. 

74:36:08 National emission standards for hazardous air pollutants. 

74:36:09 Prevention of significant deterioration. 

74:36:10 New source review. 

74:36:11 Performance testing. 

74:36:12 Control of visible emissions. 

74:36:13 Continuous emission monitoring systems. 

74:36:14 Variances, Repealed. 

74:36:15 Open burning, Transferred or Repealed. 

74:36:16 Acid rain program . 

• 74:36:17 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. 

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• 74:36:01:13 Process weight rate defined. 

74:36:01:14 Repealed. 

74:36:01:15 Regulated air pollutant defined. 

74:36:01:16 Responsible official defined. 

74:36:01:17 Repealed. 

74:36:01:18 Municipal solid waste landfill defined. 

74:36:01:19 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. Defmitions. 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 of the Departmeflt of EaviFonme&t aRa }tataral Reso'l:lfees or their authorized 

• representatives; 

3 
(5) "Affected source," a source that includes one or more affected units under Title N 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 ofthe 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.P.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; 

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

(11) "Board," the Board ofMinerals and Environment; 

(12) "Btu," British thermal unit; 

(13) "CO," carbon monoxide; 

(14) "Chairman," chairman ofthe board; 

(15) "Clean Air Act," the Clean Air Act, as amefl:EleEl, 42 U.S.C. 7401 et seq., as amended 

through }toveHT9er 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 of Environment 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 regulated under or any pollutant listed under section 

112(b) ofthe ast 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 (July 

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

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

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 

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• 

• 

• 

(31) "Fixed 6aj9ital east," the eapital Heeded to provide all depreeiable eompoaeHts; 

~ .Ql) "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 .Ql} "General permit," a permit issued by the board in accordance with SDCL 34A-1-

56 that may be made applicable to numerous similar sources; 

~ (34) "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 burn solid waste to reduce the volume of the 

waste by removing its combustible material; 

~ .QQ} "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; 

~ .Q1} "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) "M1:1aieipal type solid waste," as defiaed iH 40 C.P.R.§ 90.51a (Jaly 1, 2005); 

(40) .Q.ID "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; 

f421 ( 40) "NSR," new source review; 

f4Jj .(±12 "Opacity," the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background; 

84-1 (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 eonstruetion or operation of a source; 

f4{B (44) "Owner or operator," any person who owns, leases, operates, controls, or • 

supervises a source; 

f4+1~ Repealed; 

f4&j ( 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; 

~ (48) "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; 

M ( 49) "Permit modification," a revision 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; 

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8 
• 

• 

• 

~ .G.Q} "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; 

fM) (52) "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; 

~ .Gll "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; 

~ Q1} "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; 

~ (57) "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative; 

~ G_ID "Shutdown," the cessation of operation of any control equipment, process 

equipment, or process for any purposes; 

(6!} .(22} "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; 

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

equipment, or process for any purpose; 

f64f (62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and 

maintenance of national ambient air quality standards; 

(95) "Title II," Title II of the Clean Air Aet t\meRsHHffi.-ts, pro'v-isioas relatiag to Hl:oeile 

sources; 

(66) "Title III," Title III of the CleaR Air Aet Affiea<:im:eflts, hazanio:as air poll:ataats; 

f6+f .(§}} "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; 

f99f (65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone 

protection; 

(70) "Title VII," Title VII of the Clean Air Aet AmeR<:im:eflts, provisioas relating to 

eafore6Hl:eflt; 

(71) "Title VIII," Title VIII of the Clean Air l.et Amen<:im:ents, ffiiseellaReo:as provisions; 

(72) "Title IX," Title IX of the CleaR Air Aet i\iflea<:im:eflts, olean air research; 

(73) "Title X," Title X of the CleaR Pcir Aet AmeR<:im:eRts, disaEl-vantageEl b:asiness 

eoneems; 

(74) "Title XI," Title XI of the CleaR Air Aet Ai'aea<:im:eflts, eleaR atr 6HiJ3loymeflt 

traasitioa assistaRee; 

(75) "Unit" or "ernissioa :aait," 8ll:Y portable or stationary equipHient or aetiv-ity that Offiits 

or has the potefltial to effiit a pollffiaJl:t reg:alated ooder the Aet; 

10 

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• 
• f761 ( 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," !HiY SOffii'JOffi'la of earbon whleb 

partieipates in atmospberie pbotoebemieal reaetions, e](eluaing earbon ffiORm<iae, earbon 

aimdae, earbonie aeia, metallie earbiaes or earbonates, !Hid arnrnoniUHJ: earbonate !Hid exeluaiRg 

ilie following, wbieb have been aeterffiinea to ba-ve negligible pbotoebemieal reaetivity: aeetone; 

methane; eiliane; metflylene ebloriae (aiebloromeiliane); 1,1, 1 triebloroeiliane (ffieiliyl 

eblorofofffi); 1,1 ,2 triebloro 1 ,2,2 trifluoroeili!Hie (CFC 113); trieblorofluoromeiliane (CFC 11); 

aiehlomaifluorometbane (CFC 12); ebloroaifluoromeili!Hie (HCFC 22); trifluorometbane (HFC 

23) 1,2 aiebloro 1,1,2,2 tetrafluoroeiliane (CFC 114); ebloropentafluoroeiliane (CFC 115) 1,1,1 

trifluoro 2,2 aiehloroeiliane (HCFC 123); 1,1,1,2 tetraflaometbane (HFC 134a); 1,1 aiebloro 1 

• flaoroetbane (HCFC 141b) 1 ebloro 1,1 aiflaoroeiliane (HCFC 142b); 2 ebloro 1,1,1,2 

tetra-flaoroethane (HCFC 124); pentafluoroethane (HFC 125); 1,1,2,2 tetra-flaoroetB:aRe (HFC 

• 

134); 1,1,1 trifluoroetfl!Hie (HFC 143a); 1,1 aifluoroetbane (HFC 152a); 1,1,1,2,3,4,4,5,5,5 

aeeaflaoropentane (HFC 43 lOmee); 3,3 aiebloro 1,1,1,2,2 pentaflaoropropane (HCFC 225ea); 

1,3 aiebloro 1,1 ,2,2,3 pentaflaoroprop!Hie (HCFC 225eb); paraeblorobem;otrifluoriae (PCBTF); 

eyelie, branebea, or linear eoffiflletely meiliylatea silox!Hies; perebloroeiliylene 

(tetraebloroeiliylene); aiflaoromeili!Hie (HFC 32); eiliylfluoriae (HFC Hi 1 ); 1,1, 1,3 ,3 ,3 

heKaflaoroprop!Hie (HFC 23afa); 1,1,2,2,3 pentaflaoropropane (HFC 245ea); 1,1,2,3,3 

pentaflaoroprop!Hie (HFC 245ea); 1,1,1,2,3 pentafluoropropane (HFC 245eb); 1,1,1,3,3 

peataflaoroprop!Hie (HFC 245fa); 1,1,1,2,3,3 beJ<aflaoroprop!Hie (HFC 236ea); 1,1,1,3,3, 

pentaflaorobutane (HFC 3 65mfe); eblorofluoromeili!Hie (HCFC 31 ); 1 ebloro 1 flaoroetbane 

(HCFC ISla); 1,2 aiehloro 1,1,2 triflaoroeiliane (HCFC 123a); 1,1,1,2,2,3,3,4,4 nonaflaoro 4 

11 
mefum<y butane (C¢9~ or HFE 71QO); 2 (difluoromethoxymetbyl) 1,1,1,2,3,3,3 • 

h6j:'JtafluoroflFOflane ((CF,.)2:~~); 1 efumly 1,1,2,2,3,3,4,4,4 lloaafluombutaae 

f(;¢9GG;of4 er HFE 7200); 2 (ethm<ydifltwromethyl) 1 , 1,1 ,2,3 ,3 ,3 h6j:'JtafluoroflrOflane 

«Gf,.)<:CFCF;,GG;,H~); methyl aeetate; 1,1, 1 ,2,2,3 ,3 h6j:'Jtafluoro 3 methm<y flrOflaRe (a 

C~~' HFE 7000); 3 ethm<y 1,1,1,2,3,4,4,5,5,€i,€i,€i dodeeaflaoro 2 (triflaoromothyl) 

hexane (HFE 7500); 1,1,1,2,3,3,3 h6j:'Jtaflueroflroflane (HFC227ea); methyl formate 

(HCOOCI{.); a11d flerfluoroearboa eompeURds w±!ieh fall iato these elasses: 

(a) Cyelie, braaehed, or liaear eompletely flueriaated alkanes; 

(b) Cyelie, branehed, or liaear eompletoly flaori11ated ethers '..v:ith HO HHsataratioRs; 

(e) C~lie, braHehed, or liHear eompletely flaoriHated tertiary amiHes with HO 

URsaturatioas; and 

(d) Swfur eoatairnHg perfluoroearboHs v1ith HO aHsaturatioHs and with st-~lfur boHds • 

oHly to earboH tHJ:d fluoriHe; as defined in 40 C.F.R. § 51.1 OO(s) (July 1, 2009); 

~ .{QID "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; 

f79) (69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by an applicable reference or equivalent method; 

~ (70) "802," sulfur dioxide; a£d 

f&Billl"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 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 

§ 74:26:01:01, 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-1-6. 

Law Implemented: SDCL 34A-1-6 . 

• 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.P.R. (J1:1ly 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 CorD, 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) ofthe 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) ofthe Clean Air Act; 

(9) Any standard or other requirement for tank vessels, under § 183(±) 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-l-6. 

Law Implemented: SDCL 34A-I-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: 

(I) 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 April 22, 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 (h!ly 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 1, 2005 July l, 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, or40 C.F.R. § 51.166 (July 1, 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, 2005 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 necessary construction approvals or permits and has: 

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

new source or modification to the existing source; or 

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, (Jl:lly 1, 2005 July 1, 2009); 40 C.F.R. § 50.6 (lHly 1, 2005 

18 

• 

• 
• July 1, 2009); 40 C.F.R. § 50.7(a)(1), (b), and (c) (J~:lly 1, 2005 July 1, 2009); 40 C.F.R. § 50.8 

and 40 C.F.R. §§ 50.10 to 50.12, inclusive, (Jaly 1, 2005 July 1, 2009), define the types and 

levels of air pollution above which the ambient air would limit the attainment of the goals 

specified in § 74:36:02:01. These standards apply to the entire state of South Dakota, and no 

person may cause these standards to be exceeded. The standards include normal background 

levels of air pollutants. 

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

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

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

transferred from § 74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

• January 5, 1995; 25 SDR 123, effective 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. 

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.F.R. Part 50 

(July 1, 2005 July 1, 2009) shall be measured by the reference method or methods stated in 40 

C.F.R. Part 50, Appendix A to Appendix N, inclusive, (July 1, 2005 July 1, 2009) or an 

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

• 

19 
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from • 

§ 34:10:02:11, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:02:09, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:09, 19 SDR 

157, effective 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-1-6, 34A-l-15. 

Law Implemented: SDCL 34A-1-15. 

74:36:02:04. Air quality monitoring network. The department shall outline ambient air 

monitoring goals, changes, and network design in the air quality monitoring network. The 

department shall revise the air quality monitoring network as required by 40 C.P.R. § 58.20 (J.aly • 

1, 2005 July 1, 2009). 

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-l-6, 34A-l-15. 

Law Implemented: SDCL 34A-l-15. 

74:36:02:05. Ambient air monitoring requirements. The operation of ambient air 

monitoring required by the department shall be consistent with 40 C.P.R. Part 58 (Jtdy 1, 2005 

20 

• 
• July I, 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 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-l-6, 34A-l-15. 

Law Implemented: SDCL 34A-l-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 I, 2005 July I, 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 ofthe public. 

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

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

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

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

January 2, 2005; 32 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.P.R. 

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

accordance with the requirements in 40 C.P.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. 

Pennit Minor source operating permit required. 

Minor source operating permit exemption. 

OperatiHg pennit 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. 

DepartmeHt's reeoi:Tl.fl'leHaatioH oH operatiHg pennit. 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, moaifieation 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. PeFmit Minor source operating permit required. A person may not 

eofl:stnlct, iBstall, modify, or operate any source or unit likely to cause the emission of air 

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

air pollutants into the ambient air until the applieable preeofl:stnlctiofl: 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-l-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. OpeFatiBg peFmit Emission unit exemptions. The following soarees or 

emission units are exempt from obtaiaiag 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, or a prewatioa of sigaifieant aeterioratioa PSD 

preconstruction permit, or NSR preconstruction permit: 

(1) A faeility operatiag aa iaeiaerator or One or more incinerators of less than 100 pounds 

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

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

airplanes, locomotives, and boats; 

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

(4) A ooit fuolea by Rataral gas that is usea eKelusively for spaee heatiag; 

~ .(1) 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; 

t6f 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) t'\n eraergeaey eleetrieal geaorator f!O'\Vorea by petroleura proauets; 

(8) /•, faeility that has the poteatial to erait 25 teas or less per year of aay eriteria pollutaat, 

011:eept leaa, before the applieatioa of eoatrol eE[Hipraoat; 

(9) A ooit fueled by waste oil raeotiag the reE[Hireraeats of§ 74:28:27:01; 

26 

• 

• 

• 
~ill 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 source;-arui 

(11) ,'\By other SOH£66 60flStrueteEl for Elomestie PUifJOSes ana fi:Ot iflt6fi:EleEl for use by an 

iRElustry, manufaetffi"er, or busiRess. 

A souree or An emission unit that is exempt from permitting UREler subElivisiofls (1) to f1-Q1, 

iRelusive, 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 allow 

27 
(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 

ifthere are no operational changes. 

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

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

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

32 
• 

• 

• 

SDR 141, effective July 1, 1987; transferred from§ 74:26:01:09, 19 SDR 157, effective April22, 

1993. 

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

Law Implemented: SDCL 34A-l-12, 34A-l-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 rev-iew 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-1-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

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

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

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

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

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

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

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

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

must conform to the requirements of article 74:09. 

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

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

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

transferred from § 74:26:01:11, 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

34 

• 

• 
• 

• 

• 

74:36:04:11. Department's recommendation on operating permit. The eepartmeH:t, 

after review of a complete applicatioH for aH operatiHg permit or a reHewal of aH operatiHg permit 

for a miHor SOI:H'Ce shall recommeHe to the aoare that the permit be issued or eeHiee. The 

recommeHeatioH to issue a permit shall iHcluee a draft permit with appropriate coHeitioHs to 

assure compliaHce with the act. 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 . 

CeBenl AuiheFity: £DCL 34A 1 6, 34A, 1 21. 

Law IJBfJlemeBted: £DCL 34A 1 21, 34l\ 1 29, 34A 1 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 facility 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-1-6, 34A-1-21. 

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

74:36:04:12.01. Public review of department's draft permit. During the public 

comment period, any interested person may submit written comments on the departmeHt'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 ofthis article or the requirements of the Clean Air Act. 

Source: 25 SDR 123, effective April4, 1999. 

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

Law Implemented: SDCL 34A-1-21 

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 ne•.v, modified, or rene•.ved permit, denying a permit, or terminating a permit. 

The proposed nev1, modified, or renewed 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 new, modified, or renewed 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-l-6, 34A-l-21. 

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

74:36:04:15. Contents of operating permit. An operating permit or a reRe>.val of aR 

ope£ating pe£FRit 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 plant 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; 

(10) 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 modifieation permit revision, or fer 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-l-6, 34A-l-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 applieant's submittal of a E:etiee aE:d an application. The E:etiee 

application must specify if whether the requested revision is an administrative permit 

amendment, minor permit amendment, or .!! permit modification with supporting documentation. 

The application -shall 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-l-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 operatiRg §; 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. 

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-1-6, 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 faeility source may implement a proposed revision that is considered a minor permit 

amendment seven days after notifying the department submitting a complete application. The 

secretary shall issue minor permit amendments without the procedural requirements applicable to • 

obtaining an ope£ating g permit modification. 

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

General Authority: SDCL 34A-1-6, 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 asffiife 

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-1-21. 

Law Implemented: SDCL 34A-1-21. 

74:36:04:27. Operating permit termination, madifieatiaa 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 preeoRstruetioR permit re~ireEl. 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 

74:36:05:21.01 

74:36:05:22 

74:36:05:23 

74:36:05:24 

74:36:05:25 to 74:36:05:27 

74:36:05:28 

74:36:05:29 

74:36:05:30 

74:36:05:31 

74:36:05:32 

74:36:05:33 

74:36:05:34 

74:36:05:35 

74:36:05:36 

74:36:05:37 

74:36:05:38 

74:36:05:39 

74:36:05:40 

74:36:05:41 

74:36:05:42 

74:36:05:43 

74:36:05:44 

EPA objection to issuance of operating permit. 

Department response to EPA objection. 

Department failure to meet EPA objection deadline. 

Public petition to EPA on the final permit. 

Repealed. 

Transferred. 

Permit expiration. 

Permit renewal. 

Permit flexibility. 

Permit amendment -- Application required. 

Administrative permit amendment required. 

Procedure for administrative permit amendments. 

Minor permit amendment required. 

Requirements for minor permit amendments. 

Application for minor permit amendment. 

Notification of EPA and affected states required. 

Department deadline to approve minor permit amendment. 

Permit modifications. 

Reopening operating permit for cause. 

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:mred to obtain a Part 70 operating permit. 

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:02. PeFmi-t Part 70 operating permit required. A person may not construct, 

install, modify, re•fise, 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 air until the applieable preeoostruetieB 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-1-6, 34A-1-21. 

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

Cross-References: Sources exempt from obtaining a Part 70 operating permit, 

§ 74:36:05:04; Timely and complete application for operating permit required,§ 74:36:05:08. 

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

to obtain a Part 70 operating permit include the following: 

(1) Any major source; 

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

under§ 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, effective April4, 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 saamittal of a 

eomplete applieation for an operating permit for a Part 70 soaree does not affeet the req-airement 

that a soaree ha-ve a P8D or N8R preeonstruetion permit as req-aired ander § 110, HiS, 172, or 

• 173 of the Clean Air Aet or ehapters 74:36:09 and 74:36:10. A P8D or N8R soaree mast sabmit 

a eomplete applieation for a Part 70 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. 

CeaeFaU·.:utheFity: 8DCL 34A 1 6, 34A 1 21. 

Law lmfllemeated: 8DCL 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 (J1:1ly 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 Subpart AAA. Exempted 

sources must still meet the applicable requirements in Subpart AAA; or~ 

(3) Sources that operate a unit subject to 40 C.P.R. § 61.145, Standard for Demolition and 

Renovation (Jl:lly 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 Ele¥iee er apflara-hls 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 unit may Ret be eeRsiElereEl iRsigHifieant if a state 

• er federa-l limit is aiJIJlieaele te the unit. 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 miRer source. A unit eaR 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 April4, 1999; 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. 

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

permit for a new source or permit moElifieatioR revision may be issued only if it has been shown 

that the operation of the new source or permit moElifieatioR revision will not prevent or interfere 

with the attainment or maintenance of an applicable ambient air quality standard. Complial).ce 

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 (Jl±ly 1, 2005 July 1, 2009). Each new source, e~tistiRg soaree, aB:Ei pefffiit 

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 April 22, 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 aft a Part 70 

operating permit feF and the owner or operator of a source with a Part 70 sollfee 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 subsequent 

operating permits shall be for a period of five years. A permit issued for a solid waste incinerator 

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

years and shall be reviewed by the department every five years. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

• transferred from§ 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

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-l-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 fflOaifieatioB to aR 

e~•istiBg sol:H'ee, O*eept as proviaea iB slibilivisioB (3), must submit a complete application to the 

department BO less thaB si~• fflOBilis before begiBBiBg aetual eoBstnietioB. A£ applieatioB ffla-y be 

st~bfflittea iB a shorter tiffle fraffle if the applieaBt reeeives prior writteB approval froffl the 

aepartmeBt. For pHFposes of this seetioB, begiooiBg aetual eoBstnietioB ffleatJ:s the iBitiatioB of 

physieal, OBSite 60BStnietioB, reeOBStnietiOB, Or fflOaifieatiOB aetivities OB a ooit OF ehatJ:ge iB 

fflethoa of operatioB that are of pOffflaBeBt Batl:H'e within 12 months after commencing operation; 

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

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

involved with the modification; 

f2) Q} 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 pennit 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; 

~B) 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 l:ffiGer the preeoRstmetioR 

review progranl: \iRaer part CorD of Title I of the Cleart Air ,.\et 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 ffiOGifieatiOR before commencing operation; 

f41 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 

fB ® 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 pennit 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-1-6, 34A-1-21. 

55 
Law Implemented: SDCL 34A-l-12, 34A-1-21. 

Note: A Part 70 source applying for an initial operating permit or a permit modification 

must obtain a construction permit in accordance with §§ 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 necessary to evaluate the 

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

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

for additional information to submit the reElliested 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 

pennit application are considered in compliance with the requirement to have an acid rain pennit 

until the final pennit is issued, J9revieee that if any requested additional infonnation 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 

pennit for a Part 70 source or pennit modification must submit the following infonnation for the 

application to be considered complete: 

(1) General company infonnation, 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; 

(1 0) A description of or reference to any applicable test method for determining 

compliance with each applicable requirement; 

(11) Any additional information that may be necessary to implement and enforce other 

requirements of the Clean Air Act or to determine the applicability of such requirements; 

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

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

compliance plans; 

(14) Information necessary to define reasonably anticipated alternative operating 

scenarios, to define permit terms and conditions pursuant to § 74:36:05:30, or to implement a 

federally enforceable emission cap; 

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

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

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

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

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

time of permit issuance and a narrative description and a compliance schedule ofhow 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-l-21. 

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

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

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

100012. Cost: $31. 

74:36:05:16.01. 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 j3laffi 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 secretarv 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 N 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 

noninstrurnental 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. Existing 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 m.edifyffig 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.F.R. Part 70.6(d) (Jtily 1, 2QQ5 July 1, 2009); 

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

with the requirements in 40 C.F.R. Part 70.6(g) (July 1, 2QQ5 July 1, 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 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-l-6, 34A-l-21. 

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

74:36:05:18. Public and affected state review of draft permit. During the public 

comment period, any interested person or affected state may submit written comments on the 

draft permit or request a contested case hearing. All comments will be considered in making a 

final permit decision on the draft permit as provided in §§ 74:36:05:20 and 74:36:05:20.01. A 

request for a contested case hearing must be in writing and prepared and filed in accordance with 

article 74:09. The department is not required to accept recommendations or comments that are 

not based on applicable requirements of this article or the requirements of the Clean Air Act. 

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-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-l-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 reRe·.ved 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 April 4, 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 operatieg permit for a Part 70 souree operating 

permit, including any application for£!: 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-l-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 reEJ:mred by§ 74:36:05:17 and take eomments from the p1:1blie 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 April 22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

Cross-Reference: Timely and complete application for operating permit required, 

§ 74:36:05:08. 

74:36:05:30. 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 BPA and the department written notification as required in this section 

at least seven days in advance of the proposed changes. The source, the BPA, and the department 

shall attach each such notice to its copy of the relevant permit. 

Permitted sources may make changes which that do not violate any applicable requirements 

or contravene federally enforceable permit terms and conditions, such as monitoring, including 

test methodst, recordkeepingt, reportingt. 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 pennit 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 pennit independent of otherwise 

applicable requirements. The permit applicant must include in its pennit 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-I-21. 

74:36:05:31. Permit amendment -- Application required. An amendment to a pennit 

can be applied for at any time by the applieant's submittal of an application. The application must 

specify whether the requested an:JoeREiHleftt and the reasoRs 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 Apri122, 1993. 

General Authority: SDCL 34A-l-6, 34A-1-2l. 

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-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

74:36:05:38. Department deadline to approve minor permit amendment. +he 

HSflartmeB:t may not iss\ie a final minor Jlefffiit amenameB:t lintil after EPA's 4§ aay review or 

lifltil EPA has notified the 66j3artment that EPA will not objeet to the issHBHee of the minor 

Jlermit amenemeB:t. 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-l-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 to 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-l-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, 

modifieatioH 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, modifieatioH 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 April 22, 1993. 

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

Section 

74:36:07:01 

74:36:07:02 

74:36:07:03 

CHAPTER 74:36:07 

NEWSOURCEPERFORMANCESTANDARDS 

New source performance standards. 

Standards of performance for fossil fuel-fired steam generators. 

Standards of performance for electric utility steam generators. 

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 

74:36:07:23 

74:36:07:24 

74:36:07:25 

74:36:07:26 

74:36:07:27 

74:36:07:28 

74:36:07:29 

74:36:07:30 

chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006. 

Standards of performance for bulk gasoline terminals. 

Standards of performance for new residential wood heaters. 

Standards of performance for petroleum dry cleaners. 

Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations. 

Standards of performance for nonmetallic mineral processing plants. 

Standards of performance for magnetic tape coating facilities. 

Operating requirements for wire reclamation furnaces. 

Monitoring requirements for wire reclamation furnaces. 

80 

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• 

• 
• 

• 

• 

74:36:07:31 

74:36:07:32 

74:36:07:33 

74:36:07:34 

74:36:07:35 

74:36:07:36 

74:36:07:37 

74:36:07:38 

74:36:07:39 

74:36:07:40 

74:36:07:41 

74:36:07:42 

Standards of performance for graphic arts industry -- Publication rotogravure 

printing. 

Standards of performance for volatile organic compound emissions from 

synthetic organic chemical manufacturing industry (SOCMI) reactor 

processes. 

Standards of performance for calciners and dryers in mineral industries. 

Existing municipal solid waste landfill. 

Plan submittal by existing municipal solid waste landfills. 

Collection system. 

Control system. 

Compliance schedule for existing municipal solid waste landfills. 

Existing municipal solid waste landfill operational standards for collection and 

control systems. 

Existing municipal solid waste landfill compliance provisions. 

Existing municipal solid waste landfill monitoring provisions. 

Existing municipal solid waste landfill reporting and recordkeeping. 

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 emrsswns from 

polymer manufacturing industry. 

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

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

processing plant. 

Standards of performance for onshore natural gas processing. 

Standards of performance for wool fiberglass insulation manufacturing plant. 

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 

engines. 

74:36:07:01. New source performance standards. The general provisions for new 

source performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, (July 1, 2009 

84 

• 

• 

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

department, except for those authorities wilieh 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 department. 

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

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:09:07, 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, (JHly 1, 2006 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:10:15, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

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.F.R. §§ 60.40b to 60.49b, inclusive, (J1:1ly 1, 

~July l, 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.F.R. §§ 60.40c to 60.48c, 

inclusive, (Jl:lly 1, 2009 July l, 2009). A source that operates a unit subject to 40 C.F.R. 

§§ 60.40c to 60.48c, inclusive, (July l, 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.F.R. §§ 60.40c to 

60.48c, inclusive, (July l, 2009). Exempted sources must still meet the applicable requirements 

• 

in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July l, 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 . 

87 
74:36:07:06. Standards of performance for incinerators. The standards of performance • 

for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, (Jaly 1, 200a 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-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste 

incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce (Jaly 1, 

~ July l, 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.F.R. 

§§ 60.32e to 60.38e, inclusive, (July 1, 200a July l, 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, 2009 

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.F.R. §§ 60.50c to 60.58c (July 1, 2006 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-1-18. 

74:36:07:07. Standards of performance for municipal waste combustors. The 

standards of performance for municipal waste combustors are those in 40 C.F.R. §§ 60.50a to 

60.59a, inclusive, (July 1, 2006 July l, 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 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

• after September 20, 1994. The standards of performance for municipal waste combustors 

constructed after September 20, 1994, or modified or reconstructed after June 19, 1996, are those 

• 

in 40 C.F.R. §§ 60.50b to 60.59b, inclusive, (July 1, 2006 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. 

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.F.R. §§ 60.60 to 60.66, inclusive, (Ally 

1, 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-1-18. 

74:36:07:10. Standards of performance for asphalt concrete plants. The standards of 

performance for asphalt concrete plants are those in 40 C.F.R. §§ 60.90 to 60.93, inclusive, (Ally 

1, 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.P.R. §§ 60.110 to 60.113, inclusive, (JHly 1, 2999 July I, 2009). A source that 

operates a unit subject to 40 C.P.R. §§ 60.110 to 60.113, 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.P.R.§§ 60.110 to 60.113, inclusive, (July l, 2009). Exempted sources 

must still meet the applicable requirements in 40 C.F .R. § § 60.110 to 60.113, inclusive, (July 1, 

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-1-18. 

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.P.R. §§ 60.110a to 60.115a, inclusive, (J1:1ly 1, 2006 July 1, 2009). A source • 

that operates a unit subject to 40 C.P.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009) is 

exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to 

install controls and if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to 40 C.P.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009). 

Exempted sources must still meet the applicable requirements in 40 C.P.R. §§ 60.110a to 

60.115a, inclusive, (July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:20:19, 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-1-6. 

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, (Jl:lly 1, 2006 July 1, 2009). A source that operates a 

unit subject to 40 C.P.R. §§ 60.110b to 60.117b, inclusive, (July 1, 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. §§ 60.11 Ob to 60.117b, inclusive, (July 1, 2009). Exempted sources must 

still meet the applicable requirements in 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 

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-1-18. 

74:36:07:15. Standards of performance for sewage treatment plants. The standards of 

performance for sewage treatment plants are those in 40 C.F.R. §§ 60.150 to 60.156, inclusive, 

(Jl:lly 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-l-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.P.R. §§ 60.250 to 60.254, inclusive, 

(July 1, 2006 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from§ 74:26:16:06, 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-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:17. Standards of performance for grain elevators. The standards of 

performance for grain elevators are those in 40 C.P.R. §§ 60.300 to 60.304, inclusive, (July 1, 

2006 July 1, 2009). A source subject to 40 C.P.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.P.R. 

§§ 60.300 to 60.304, inclusive, (July 1, 2009). Exempted sources must still meet the applicable 

requirements in 40 C.P.R. §§ 60.300 to 60.304, inclusive, (July l, 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 1, 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.P.R. §§ 60.380 

to 60.386, inclusive, (Jaly 1, 200€i 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, (Jl:lly 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; 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, (lsly 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-l-6 . 

Law Implemented: SDCL 34A-1-18. 

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 

industrv, for which construction, reconstruction, or modification commenced after November 7, 

2006, are those in 40 C.P.R. § 60, Subpart VVa (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of 

performance for bulk gasoline terminals are those in 40 C.P.R. §§ 60.500 to 60.506, 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-1-18. 

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.F.R. §§ 60.530 to 

60.539b, inclusive, (Jaly I, 2006 July l, 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 . 

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

performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, 

(Jaly 1, 2009 July l, 2009). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July l, 

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. §§ 60.620 to 60.625, inclusive, (July 1, 2009). Exempted sources must still meet the 

applicable requirements in 40 C.F .R. §§ 60.620 to 60.625, inclusive, (July 1, 2009). 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

101 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:26. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry (SOCMI) distillation operations. The standards of 

performance for VOC emissions from synthetic organic chemical manufacturing industry 

(SOCMI) distillation operations are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, (Ja.J:y 1, 

:2,006 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, (Ja.J:y 1, 2006 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, (J1:1ly 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-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, (Jwy 1, 2009 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, (JHly 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-1-18. 

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, (JHly 1, 2006 July 1, 2009). 

104 

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• 
• Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an 

existing municipal solid waste landfill that meets the following conditions shall comply with 

§§ 74:36:07:35 to 74:36:07:42, inclusive: 

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional 

• design capacity available for future waste deposition; 

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 

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

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

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

or more. The calculation of the landfill nonmethane organic compound emission rate must meet 

the requirements of 40 C.P.R. § 60.754 (July 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-1-18. 

74:36:07:36. Collection system. The department shall approve the collection and control 

system plan if it is equivalent to or meets the conditions provided in 40 C.P.R. § 60. 752(b )(2)(ii) 

(Jtdy 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 Apri14, 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.F.R. § 60.18 (July 1, 2006 July 1, 2009); 

106 

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• 

• 

• 

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

98 percent by weight; or 

(3) An enclosed combustor designed and operated to either reduce nonmethane organic 

compounds by 98 percent by weight or the outlet nonmethane organic compound concentration 

to 20 parts per million as hexane by volume, dry basis at three percent oxygen, or less. 

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007 . 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:39. Existing municipal solid waste landf"ill 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 (Ja-ly 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. 

107 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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.P.R. § 60.755 (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. 

74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the monitoring provisions in 40 C.P.R. § 60.756 (July 1, 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; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping. 

The owner or operator of an existing municipal solid waste landfill that meets the requirements 

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

§§ 60.757 and 60.758 (July 1, 2006 July l, 2009). 

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-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound 

emission rate report within 90 days of the effective date of EPA's approval of the state's § 111 (d) 

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

• 40 C.F.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 I, 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 ofthis section. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

llO 

• 

• 

• 
• 

• 

• 

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, (July 1, 

~July l, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-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, (July 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,(~ 

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. 

111 
74:36:07:46.01. Standards of performance for petroleum ref"meries for which 

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

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

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

Source: 

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, 

(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. 

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

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

in 40 C.F.R. §§ 60.130 to 60.133, inclusive, (Jl:lly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June13, 2007. 

General Authority: SDCL 34A-1-6. 

112 

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• 

• 
• 

• 

• 

Law Implemented: SDCL 34A-l-18. 

74:36:07:49. Standards of performance for primary emissions from basic oxygen 

process furnaces for which construction commenced after June 11, 1973. The standards of 

performance for basic oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144, 

inclusive, (fuly 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.F.R. §§ 60.140a to 60.145a, 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. 

74:36:07:51. Standards of performance for primary copper smelter. The standards of 

performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, 

(July 1, 2009 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.F.R. §§ 60.170 to 60.176, inclusive, 

(h1ly 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. 

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

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

(JHly 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-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.P.R. 

§§ 60.190 to 60.195, inclusive, (July 1, 200€i July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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

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

§ § 60.200 to 60.204, inclusive, (July 1, 200€i July 1, 2009) . 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:56. Standards of performance for superphosphoric acid plant. The standards 

of performance for superphosphoric acid plants are those in 40 C.P.R. §§ 60.210 to 60.214, 

inclusive, (July 1, 200€i 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.P.R. §§ 60.220 to 

60.224, 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. 

74:36:07:58. Standards of performance for triple superphosphate plant. The 

standards of performance for triple superphosphate plants are those in 40 C.P.R. §§ 60.230 to 

60.234, inclusive, (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. 

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

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

those in 40 C.P.R. §§ 60.240 to 60.244, inclusive, (Ju-ly 1, 2006 July 1, 2009). 

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

• General Authority: SDCL 34A-1-6. 

116 
• Law Implemented: SDCL 34A-1-18. 

74:36:07:60. Standards of performance for ferroalloy production plant. The standards 

of performance for ferroalloy production plants are those in 40 C.F.R. §§ 60.260 to 60.266, 

inclusive, (J1:1ly 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. 

74:36:07:61. 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.F.R. §§ 60.270a 

to 60.276a, inclusive, (Jlliy 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. 

74:36:07:62. Standards of performance for kraft pulp mills. The standards of 

performance for kraft pulp mills are those in 40 C.F.R. §§ 60.280 to 60.285, inclusive, (Jlliy 1, 

2006 July 1, 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, (Jl:lly 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. 

74:36:07:64. 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, 2009 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:65. 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, (Jl:lly 1, 2009 July 1, 2009). 

118 

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• 

• 
• 

• 

• 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

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

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

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

2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:67. Standards of performance for phosphate rock plants. The standards of 

performance for phosphate rock plants are those in 40 C.F.R. §§ 60.400 to 60.404, inclusive, 

(July 1, 2009 July I, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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, (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. 

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

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

those in 40 C.P.R.§§ 60.450 to 60.456, inclusive, (July 1, 2006 July l, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:70. Standards of performance for metal coil surface coating. The standards 

of performance for metal coil surface coating are those in 40 C.P.R. §§ 60.460 to 60.466, 

inclusive, (July 1, 2006 July l, 2009). 

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

General Authority: SDCL 34A-1-6. 

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, (hlly 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. 

74:36:07:72. Standards of performance for beverage can surface coating industry. 

The standards of performance for beverage can surface coating industry are those in 40 C.P.R. 

• §§ 60.490 to 60.496, inclusive, (July 1, 2006 July 1, 2009). 

• 

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

General Authority: SDCL 34A-1-6. 

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

121 
Law Implemented: SDCL 34A-l-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, (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. 

• 

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 l, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

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

ref"meries. 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 

refineries. The standards of performance for equipment leaks in petroleum refineries for which 

construction, reconstruction, or modification commenced after November 7, 2006, are those in 

40 C.P.R.§ 60, Subpart GGGa, (July 1, 2009). 

Source: 

General Authoritv: SDCL 34A-l-6 . 

Law Implemented: SDCL 34A-l-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, (hlly 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.P.R.§§ 60.610 to 60.618, inclusive, (July 1, 2.006 July 1, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:79. 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.P.R. §§ 60.630 to 60.636, inclusive, (July 1, 2.006 

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.P.R.§§ 60.640 to 

60.648, inclusive, (July 1, 2.009 July l, 2009). 

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

General Authority: SDCL 34A-1-6. 

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, (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. 

74:36:07:82. Standards of performance for VOC emissions from petroleum ref'mery 

wastewater system. The standards of performance for petroleum refinery wastewater systems 

• are those in 40 C.P.R. §§ 60.690 to 60.699, 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. 

74:36:07:83. 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, (July 1, 2006 July 1, 2009) . 

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

125 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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.P.R. §§ 60.740 to 60.748, inclusive, (Jffiy 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. 

74:36:07:85. 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.P.R. § 60, Subpart AAAA (Jaly 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. 

74:36:07:86. 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 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. 

74:36:07:87. 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-l-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.F.R. §§ 60.4300 to 

60.4420, 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. 

74:36:07:90. Standards of performance for stationary spark ignition internal 

combustion engines. The standards of performance for stationary spark combustion en!rlnes are 

those in 40 C.F.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) of benzene. 

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 m 

74:36:08:04 

74:36:08:05 

accordance with Clean Air Act sections 112(g) and 112(j). 

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 National emission standards for hazardous air pollutants from the portland 

cement manufacturing industry. 

74:36:08:22 National emission standards for hazardous air pollutants for pesticide active 

ingredient production. 

74:36:08:23 National emission standards for the printing and publishing industry. 

74:36:08:24 National emission standards for oil and natural gas production facilities. 

74:36:08:25 National emission standards for natural gas transmission and storage facilities. 

74:36:08:26 National emission standards for secondary aluminum production. 

• 74:36:08:27 National emission standards for publicly owned treatment works. 

74:36:08:28 National emission standards for solvent extraction for vegetable oil production. 

74:36:08:29 National emission standards for paper and other web coating. 

74:36:08:30 National emission standards for municipal solid waste landfills. 

74:36:08:31 National emission standards for surface coating of metal furniture. 

74:36:08:32 National emission standards for integrated iron and steel manufacturing 

facilities. 

74:36:08:33 National emission standards for brick and structural clay products 

manufacturing. 

74:36:08:34 National emission standards for asphalt processing and asphalt roofing 

manufacturing . 

• 

131 
74:36:08:35 

operations. 

74:36:08:36 

74:36:08:37 

74:36:08:38 

74:36:08:39 

74:36:08:40 

74:36:08:41 

74:36:08:42 

74:36:08:43 

74:36:08:44 

74:36:08:45 

74:36:08:46 

74:36:08:47 

74:36:08:48 

74:36:08:49 

74:36:08:50 

74:36:08:51 

74:36:08:52 

National emission standards for flexible polyurethane foam fabrication 

National emission standards for engine test cells/stands. 

National emission standards for surface coating of miscellaneous metal parts and 

products. 

National emission standards for reinforced plastic composites production. 

National emission standards for stationary combustion turbines. 

National emission standards for stationary reciprocating internal combustion 

engmes. 

National emission standards for industrial, commercial, and institutional boilers 

and process heaters. 

National emission standards for polyvinyl chloride and copolymers production. 

National emission standards for coke oven batteries. 

National emission standards for pulp and paper industry. 

National emission standards for group I polymers and resins. 

National emission standards for epoxy resins production and non-nylon 

polyamides production. 

National emission standards for secondary lead smelting. 

National emission standards for phosphoric acid manufacturing plants. 

National emission standards for phosphate fertilizers production plants. 

National emission standards for petroleum refineries. 

National emission standards for off-site waste and recovery operations. 

National emission standards for magnetic tape manufacturing operations. 

132 

• 

• 

• 
• 

• 

• 

74:36:08:53 

74:36:08:54 

74:36:08:55 

74:36:08:56 

74:36:08:57 

74:36:08:58 

74:36:08:59 

74:36:08:60 

74:36:08:61 

74:36:08:62 

74:36:08:63 

74:36:08:64 

74:36:08:65 

74:36:08:66 

74:36:08:67 

74:36:08:68 

74:36:08:69 

74:36:08:70 

National emission standards for primary aluminum reduction plants. 

National emission standards for chemical recovery combustion sources at kraft, 

soda, sulfite, and stand-alone semichemical pulp mills. 

National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations. 

Generic maximum achievable control technology standards. 

National emission standards for steel pickling -- HCl process facilities and 

hydrochloric acid regeneration plants. 

National emission standards for mineral wool production. 

National emission standards for hazardous waste combustors. 

National emission standards for pharmaceutical production. 

National emission standards for group IV polymers and resins. 

National emission standards for wool fiberglass production. 

National emission standards for manufacture of amino/phenolic resins. 

National emission standards for polyether polyols production. 

National emission standards for primary copper smelting. 

National emission standards for primary lead smelting. 

National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units. 

National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese. 

National emission standards for the manufacture of nutritional yeast. 

National emission standards for plywood and composite wood products. 

133 
74:36:08:71 

74:36:08:72 

74:36:08:73 

74:36:08:74 

74:36:08:75 

74:36:08:76 

74:36:08:77 

74:36:08:78 

74:36:08:79 

74:36:08:80 

74:36:08:81 

74:36:08:82 

74:36:08:83 

74:36:08:84 

74:36:08:85 

74:36:08:86 

74:36:08:87 

74:36:08:88 

National emission standards for non-gasoline organic liquids distribution. 

National emission standards for miscellaneous organic chemical manufacturing. 

National emission standards for wet-formed fiberglass mat production. 

National emission standards for surface coating of automobiles and light duty 

trucks. 

National emission standards for surface coating of metal cans. 

National emission standards for surface coating oflarge appliances. 

National emission standards for printing, coating, and dyeing of fabrics and 

other textiles. 

National emission standards for surface coating of plastic parts and products. 

National emission standards for surface coating of wood building products. 

National emission standards for surface coating of metal coil. 

National emission standards for leather finishing operations. 

National emission standards for cellulose products manufacturing. 

National emission standards for boat manufacturing. 

National emission standards for rubber tire manufacturing. 

National emission standards for lime manufacturing plants. 

National emission standards for semiconductor manufacturing. 

National emission standards for coke ovens --Pushing, quenching, and battery 

stacks. 

National emission standards for iron and steel foundries. 

74:36:08:89 . National emission standards for site remediation. 

74:36:08:90 National emission standards for miscellaneous coating manufacturing. 

134 

• 

• 

• 
• 74:36:08:91 

74:36:08:92 

74:36:08:93 

74:36:08:94 

74:36:08:95 

74:36:08:96 

74:36:08:97 

74:36:08:98 

74:36:08:99 

National emission standards for mercury cell chlor-alkali plants. 

National emission standards for clay ceramics manufacturing. 

National emission standards for flexible polyurethane foam fabrication 

operations production. 

National emission standards for hydrochloric acid production. 

National emission standards for friction materials manufacturing facilities. 

National emission standards for taconite iron ore processing. 

National emission standards for refractory products manufacturing. 

National emission standards for primary magnesium refining. 

National emission standards for polyvinyl chloride and copolymers production 

area sources. 

• 74:36:08:100 National emission standards for primary copper smelting area sources. 

74:36:08:101 National emission standards for secondary copper smelting area sources. 

74:36:08:102 National emission standards for primary nonferrous metals area sources-- Zinc, 

cadmium, and beryllium. 

• 

74:36:08:103 National emission standards for hospital ethylene oxide sterilizers. 

74:36:08:104 National emission standards for electric arc furnace steelmaking facility area 

sources. 

74:36:08:105 National emission standards for iron and steel foundry area sources. 

74:36:08:106 National emission standards for gasoline distribution bulk terminals, bulk plants, 

and pipeline facilities. 

74:36:08:107 National emission standards for gasoline dispensing facilities . 

135 
74:36:08:108 National emission standards for paint stripping and miscellaneous surface coating • 

area sources. 

74:36:08:109 National emission standards for acrylic and modacrylic fiber production area 

sources. 

74:36:08:110 National emission standards for carbon black production area sources. 

74:36:08:111 National emission standards for chemical manufacturing area sources- chromium 

compounds. 

74:36:08:112 National emission standards for flexible polyurethane foam production and 

fabrication area sources. 

74:36:08:113 National emission standards forlead acid battery manufacturing area sources. 

74:36:08:114 National emission standards for wood preserving area sources. 

74:36:08:115 National emission standards for clay ceramic manufacturing area sources. 

74:36:08:116 National emission standards for glass manufacturing area sources. 

74:36:08:117 National emission standards for secondary nonferrous metal processing area 

sources. 

74:36:08:118 National emission standards for plating and polishing area sources. 

7 4:36:08:119 National emission standards for nine metal fabrication and finishing area sources. 

74:36:08:120 National emission standards for ferroalloys production area sources. 

74:36:08:121 National emission standards for aluminum, copper, and other nonferrous foundry 

area sources. 

136 

• 

• 
• 

• 

• 

74:36:08:01. General provisions -- National emission standards for hazardous air 

pollutants. The general provisions for the national emission standards for hazardous air 

pollutants are those in 40 C.F.R. §§ 91.01 to 91.19, iaelasive, (Jaly 1, 2009) § 61, Subpart A 

(July 1, 2009). 

Source: 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; 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-6, 34A-l-19 . 

74:36:08:02. Emission standards for asbestos air pollutants. The emission standards 

for asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M (Jaly 1, 2009 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; 18 SDR 

95, effective December 2, 1991; transferred from§ 74:26:22:02, 19 SDR 157, effective Apri122, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective July 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. 

137 
Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources) 

of benzene. The emission standards for equipment leaks of benzene are those in 40 C.F.R. 

§ 61.110 to 91.112, inelasivo, (Jaly 1, 2009) § 61, Subpart J (July l, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.02. Emission standards for benzene emissions from benzene storage 

vessels. The emission standards for benzene emissions from benzene storage vessels are those in 

40 C.F.R. § 61, Subpart Y (July I, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer 

operations. The emission standards for benzene emissions from benzene transfer operations are 

those in 40 C.F.R. § 61, Subpart BB (July 1, 2009). 

Source: 

138 

• 

• 

• 
• 

• 

• 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.04. Emission standards for benzene waste operations. The emission 

standards for benzene waste operations equipment leaks of benzene are those in 40 C.F.R. § 61, 

Subpart FF (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:03. General provisions -- National emission standards for hazardous air 

pollutants for source categories. The general provisions for the national emission standards for 

hazardous air pollutants for source categories are those in 40 C.F.R. Parts 93.1 to 93.15, 

inel!isive, (July 1, 2009) § 63 Subpart A (July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 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-1-6, 34A-l-19 . 

139 
74:36:08:03.01. Requirements for control technology determinations for major • 

sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for 

control technology detenninations for major sources in accordance with Clean Air Act sections 

112(g) and 1120) are those in 40 C.P.R.§§ 63.40, 63.41, aml63.42(o) te 63.56, iflolusive, (July 

1, 2006) § 63. Subpart B (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-l-6. 

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

74:36:08:04. National perchloroethylene air emission standards for dry cleaning 

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are 

those in 40 C.P.R. §§ 63.320 te 63.325, iflolusive, (July 1, 2006). Dry eleaniflg faeilities that are 

oeflsiElereEl area souroes are Hat required te submit a Part 70 operatiflg permit applieatiofl Ufltil 

Deeem:her 9, 2005. An area souroe ffiUSt still meet the applioahle requireffleats ifl 40 C.P.R. 

§§ 63.320 te 63.325, iflolusive, (July 1, 2006) § 63, Subpart M (July 1, 2009). A source that 

operates a unit subject to Subpart M is exempt from the obligation to obtain a Part 70 operating 

pennit if the source is not required to obtain a Part 70 operating pennit for a reason other than the 

source is subject to Subpart M. Exempted sources must still meet the applicable requirements in 

SubpartM. 

140 

• 

• 
• Source: 21 SDR 119, effective January 5, 1995; 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-1-6. 

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

Cross-Reference: Complete application, § 74:36:05:09. 

74:36:08:05. National emission standards for organic hazardous air pollutants from 

the synthetic organic chemical manufacturing industry. The national emission standards for 

• organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are 

those in 40 C.P.R.§ 63, Subpart F (July 1, 2006 July 1, 2009). 

• 

Source: 21 SDR 119, effective January 5, 1995; 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-1-6. 

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

74:36:08:06. National emission standards for organic hazardous air pollutants from 

synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

141 
operations, and wastewater. The national emission standards for organic hazardous air • 

pollutants from synthetic organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater are those in 40 C.F.R. § 63, Subpart G (July 1, 2006 July 1, 

2009). 

Source: 21 SDR 119, effective January 5, 1995; 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-1-6. 

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

74:36:08:07. National emission standards for organic hazardous air pollutants for 

equipment leaks. The national emission standards for organic hazardous air pollutants for 

equipment leaks are those in 40 C.F.R. § 63, Subpart H (July 1, 2006 July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 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-1-6. 

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

142 

• 

• 
• 

• 

• 

74:36:08:08. National emission standards for organic hazardous air pollutants for 

certain processes subject to negotiated regulations for equipment leaks. The national 

emission standards for organic hazardous air pollutants for certain processes subject to the 

negotiated regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I (July 1, 2006 

July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 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-1-6, 34A-1-19. 

74:36:08:09. National emission standards for chromium emissions from hard and 

decorative chromium electroplating and chromium anodizing tanks. The national emission 

standards for hard and decorative chromium electroplating and chromium anodizing tanks are 

those in 40 C.F.R. § 63, Subpart N (July 1, 2006 July 1, 2009). Pill area seuree that falls under 

these re~rements is Bet re~red te submit a Part 70 eperatiHg permit applieatieH uHtil 

Deeember 9, 2005. An area seuree must still meet the applieable reEfuiremeHts iH 40 C.P.R. § 63, 

Subpart ~t (July 1, 2006). An area source that operates a unit subject to Subpart N 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 N. Exempted sources 

must still meet the applicable requirements in Subpart N. 

143 
• 

Decorative effiomililll eleetroplating operations or effi:omiHffl anodizing operations that ase 

fume sappressants and decorative elH-omiHm eleetroplating operations that ase a trivalent 

effiomil:lffi bath that incorporates a wetting agent as a bath ingredient are el<empt from the Part 70 

operating permit program. Exempted soHrces ffiHSt still meet the applicable reEfHirernents in 40 

C.F.R. § 93, SabpartN (Jlliy 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-1-6, 34A-1-19. 

Cross-Reference: Operating permits for part 70 sources, § 74:36:05. 

74:36:08:10. National emission standards for ethylene oxide emissions from 

sterilization facilities. The national emission standards for ethylene oxide from sterilization 

facilities are those in 40 C.F.R. §§ 93.390 to 63.397, inclasi're, (Ally I, 2006) § 63, Subpart 0 

(July 1, 2009). A source that operates a unit subject to Subpart 0 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 

• 

144 
• for a reason other than the source is subject to Subpart 0. Exempted sources must still meet the 

applicable requirements in Subpart 0. 

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-1-6, 34A-1-19. 

74:36:08:11. National emission standards for industrial process cooling towers. The 

• national emission standards for industrial process cooling towers are those in 40 C.P.R. § 63, 

Subpart Q (Ally 1, 2009 July 1, 2009). A source that operates a unit subject to Subpart 0 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 0. 

Exempted sources must still meet the applicable requirements in Subpart 0. 

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-6, 34A-1-19. 

145 
74:36:08:12. National emission standards for gasoline distribution facilities (bulk 

gasoline terminals and pipeline breakout stations). The national emission standards for 

gasoline distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those 

in 40 C.F.R. § 63, Subpart R (July 1, 2008 July I, 2009). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

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-1-6, 34A-1-19. 

74:36:08:13. National emission standards for halogenated solvent cleaning. The 

national emission standards for halogenated solvent cleaning are those in 40 C.P.R. § 63, Subpart 

T (July 1, 2008 July 1, 2009). An area sow:ce that falls ooder these F6E]:1:1ir6fl'lents is Bot ref):l:1ired 

to sabmit a Part 70 operatiBg permit applieatiof! Uiltil December 9, 2005. An area sow:ce ffil:lst 

still meet the applicable ref):l:1iremef!ts if! 40 C.F.R. § 83, Sabpart T (Jlliy 1, 2008). An area source 

that operates a unit subject to Subpart T 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 T. Exempted sources must still meet the applicable 

requirements in 40 C.F.R. § 83, Subpart T (Jaly 1, 2008). 

146 

• 

• 

• 
• 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-l-6. 

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

74:36:08:14. National emission standards for wood furniture manufacturing 

operations. The national emission standards for wood furniture manufacturing operations are 

those in 40 C.P.R. § 63, Subpart JJ (Jwy 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 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-1-6, 34A-1-19. 

74:36:08:15. National emission standards for aerospace manufacturing. The national 

emission standards for aerospace manufacturing are those in 40 C.P.R.§ 63, Subpart GG (Jffiy 1, 

2006 July 1, 2009) . 

147 
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-1-6, 34A-1-19. 

74:36:08:16. National emission standards for tanks. The national emission standards 

for tanks -- level 1 are those in 40 C.F.R. §§ 63.900 to 63.907, iHGlHsi·,'e, (JHly 1, 2006) 

§§ 63.900 to 63.907, iHe1Hsive, § 63, Subpart 00 (July 1, 2009). The national emission standards 

for tanks -- level 2 are those in 40 C.F.R. §§ 63.900 to 63.907, iHelHsive, (Jlliy 1, 2006) 

§§ 63.900 to 63.907, iHeffisi'te, § 63, Subpart 00 (July l, 2009). • 

Source: 25 SDR 123, effective April4, 1999; 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-1-6, 34A-1-19. 

74:36:08:17. National emission standards for containers. The national emission 

standards for containers are those in 40 C.F.R. §§ 63.920 to 63.92g, iHGlHsive, (JHly 1, 2006) ~ 

63, Subpart PP (July 1, 2009). 

• 

148 
• Source: 25 SDR 123, effective April4, 1999; 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-1-6, 34A-1-19. 

74:36:08:18. National emission standards for surface impoundments. The national 

emission standards for surface impoundments are those in 40 C.F.R. §§ 63.940 to 63.948, 

iflelasive, (Jaly 1, 2006) § 63, Subpart 00 (July 1, 2009). 

Source: 25 SDR 123, effective April4, 1999; 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-1-6, 34A-1-19. 

74:36:08:19. National emission standards for individual drain systems. The national 

emission standards for individual drain systems are those in 40 C.F.R. §§ 63.960 to 63.966, 

iflelasive, (Jaly 1, 2006) § 63, Subpart RR (July 1, 2009). 

Source: 25 SDR 123, effective April4, 1999; 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. 

149 
General Authority: SDCL 34A-1-6. 

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

74:36:08:20. National emission standards for oil-water separators and organic-water 

separators. The national emission standards for oil-water separators and organic-water 

separators are those in 40 C.F.R. §§ 63.1040 te 63.1049, iaelusive, (July 1, 2006) § 63, Subpart 

VV (July 1, 2009). 

Source: 25 SDR 123, effective April4, 1999; 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-1-6, 34A-1-19. 

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. The national emission 

standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas 

system or a process are those in 40 C.F.R. §§ 63.980 te 63.999, iaelusi',ze, (July 1, 2006) .§...§.1. 

Subpart SS (July 1, 2009). 

Source: 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. 

150 

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• 
• 

• 

• 

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

74:36:08:20.02. National emission standards for equipment leaks. The national 

emission standards for equipment leaks -- control level 1 are those in 40 C.F .R. § § §3 .1 000 to 

63.1018, iE:slasive, (Jaly 1, 2006) § 63, Subpart TT (July 1, 2009). The national emission 

standards for equipment leaks-- controllevel2 are those in 40 C.F.R. § 63, Subpart UU (Jaly 1, 

2006 July 1, 2009). 

Source: 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-1-6, 34A-1-19. 

74:36:08:21. National emission standards for hazardous air pollutants from the 

portland cement manufacturing industry. The national emission standards for the portland 

cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (Jaly 1, 2006 July 1, 

2009). 

Source: 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-6, 34A-1-19. 

151 
74:36:08:22. National emission standards for hazardous air pollutants for pesticide 

active ingredient production. The national emission standards for pesticide active ingredient 

production are those in 40 C.P.R.§ 63, Subpart MMM (July 1, 2006 July 1, 2009). 

Source: 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-1-6, 34A-1-19. 

74:36:08:23. National emission standards for the printing and publishing industry. 

The national emission standards for the printing and publishing industry are those in 40 C.P.R. 

§ 63, Subpart KK (July 1, 2006 July 1, 2009). 

Source: 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-1-6, 34A-1-19. 

74:36:08:24. National emission standards for oil and natural gas production 

facilities. The national emission standards for oil and natural gas production facilities are those 

152 

• 

• 

• 
• in 40 C.P.R. § 63, Subpart HH (July 1, 2006 July I, 2009). A source that operates a unit subject 

to Subpart HH 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 Subpart HH. Exempted sources must still meet 

the applicable requirements in Subpart HH. 

Source: 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-1-6, 34A-1-19 . 

• 74:36:08:25. National emission standards for natural gas transmission and storage 

facilities. The national emission standards for natural gas transmission and storage facilities are 

those in 40 C.P.R. § 63, Subpart HHH (July 1, 2006 July 1, 2009). 

Source: 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-1-6, 34A-l-19. 

74:36:08:26. National emission standards for secondary aluminum production. The 

national emission standards for secondary aluminum production are those in 40 C.P.R. § 63, 

• Subpart RRR (July 1, 2006 July 1, 2009). 

153 
Source: 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-1-6, 34A-1-19. 

74:36:08:27. National emission standards for publicly owned treatment works. The 

national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, 

Subpart VVV (July 1, 2009 July 1, 2009). 

Source: 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-1-6, 34A-1-19. 

74:36:08:28. National emission standards for solvent extraction for vegetable oil 

production. The national emission standards for solvent extraction of vegetable oil production 

are those in 40 C.F.R. §§ 93.2830 to 93.2872, iflelusive, (July 1, 2009) § 63, Subpart GGGG 

(July 1, 2009). 

Source: 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. 

154 

• 

• 

• 
• 

• 

• 

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

74:36:08:29. National emission standards for paper and other web coating. The 

national emission standards for paper and other web coating are those in 40 C.F .R. § § 63.3280 te 

63.3420, ieelusive, (July 1, 2006) § 63, Subpart JJJJ (July 1, 2009). 

Source: 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-l-6, 34A-1-19 . 

74:36:08:30. National emission standards for municipal solid waste landf"Ills. The 

national emission standards for municipal solid waste landfills are those in 40 C.F.R. §§ 63.1930 

te 63.1990, ieelusive, (July 1, 2009) § 63, Subpart AAAA (July 1, 2009). 

Source: 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-1-6, 34A-l-19. 

74:36:08:31. National emission standards for surface coating of metal furniture. The 

national emission standards for surface coating of metal furniture are those in 40 C.F.R . 

§§ 63.4880 te 93.4981, ieelusive, (July 1, 2006) § 63, Subpart RRRR (July l, 2009). 

155 
Source: 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-1-6, 34A-1-19. 

74:36:08:32. National emission standards for integrated iron and steel 

manufacturing facilities. The national emission standards for integrated iron and steel 

manufacturing are those in 40 C.P.R. §§ 83.7780 to a3.7852, iaeh:1sive, (Jaly 1, 200a) .§__@,_ 

Subpart PPPPP (July 1, 2009). 

Source: 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-1-6, 34A-1-19. 

74:36:08:33. National emission standards for brick and structural clay products 

manufacturing. The national emission standards for brick and structural clay products 

manufacturing are those in 40 C.P.R. §§ 83.8380 to 83.8515, iaelasive, (Jaly 1, 200a) .§__@,_ 

Subpart JJJJJ (July 1, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SD R 217, effective June 13, 2007. 

156 

• 

• 

• 
• 

• 

• 

General Authority: SDCL 34A-1-6. 

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

74:36:08:34. National emission standards for asphalt processing and asphalt roofmg 

manufacturing. The national emission standards for asphalt processing and asphalt roofing 

manufacturing are those in 40 C.F.R. §§ 93.8980 to 93.8998, inclusive, (July 1, 2009) ~ 

Subpart LLLLL (July 1. 2009). 

Source: 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-1-6, 34A-1-19. 

74:36:08:35. National emission standards for flexible polyurethane foam fabrication 

operations. The national emission standards for flexible polyurethane foam fabrication 

operations are those in 40 C.F.R. §§ 93.8nO to 93.8830, iaclusive, (July 1, 2009) § 63, Subpart 

MMMMM (July 1, 2009). 

Source: 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-1-6, 34A-1-19 . 

157 
74:36:08:36. National emission standards for engine test cells/stands. The national • 

emission standards for engine test cells/stands are those in 40 C.P.R. §§ 93.9280 to 93.9375, 

inelusive, (July 1, 2009) § 63, Subpart PPPPP (July 1, 2009). 

Source: 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-1-6, 34A-1-19. 

74:36:08:37. National emission standards for surface coating of miscellaneous metal 

parts and products. The national emission standards for surface coating of miscellaneous metal 

parts and products as published in 40 C.P.R. §§ 93.3880 to 93.3981, ineh:~si•fe, EJuly 1, 2009) ~ 

63, Subpart MMMM (July 1, 2009). 

Source: 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-1-6, 34A-1-19. 

74:36:08:38. National emission standards for reinforced plastic composites 

production. The national emission standards for reinforced plastic composites production are 

those in 40 C.P.R. § § 93.5780 to 93.5935, inelusive, (July 1, 2009) § 63, Subpart WWWW (July 

1, 2009). 

158 

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• 
• 

• 

• 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:39. National emission standards for stationary combustion turbines. The 

national emission standards for stationary combustion turbines are those in 40 C.F .R. § § 93.9080 

to 63.9175, ieelusiv:e, (July 1, 2009) § 63, Subpart YYYY (July 1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6 . 

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

74:36:08:40. National emission standards for stationary reciprocating internal 

combustion engines. The national emission standards for stationary reciprocating internal 

combustion engines are those in 40 C.F.R. § § 93.9580 to 63.9975, ieeltlsive, (July 1, 2009) .§..§1, 

Subpart ZZZZ (July 1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

159 
74:36:08:41. National emission standards for industrial, commercial, and • 

institutional boilers and process heaters. The national emission standards for industrial, 

commercial, and institutional boilers and process heaters are those in 40 C.F.R. §§ 63.7480 to 

63.7560, iReh:~sive, (Il:dy 1, 2006) § 63, Subpart DDDDD (July 1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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

74:36:08:42. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers production 

are those in 40 C.F.R. §§ 63.210 to 63.217, iRe1t~sive, (Jt~ly 1, 2006) § 63, Subpart J (July 1, 

2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:43. National emission standards for coke oven batteries. The national 

emission standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (Jt~ly 1, 2006 

July 1, 2009). 

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

160 

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• 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:44. National emission standards for pulp and paper industry. The national 

emission standards for pulp and paper industry are those in 40 C.F.R. § 63, SubpartS, (July 1, 

~ July I, 2009). 

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

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-l-18 . 

74:36:08:45. National emission standards for group I polymers and resins. The 

national emission standards for group I polymers and resins are those in 40 C.F.R. § 63, Subpart 

U, (Jl:tly 1, 2006 July I, 2009). 

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

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:46. National emission standards for epoxy resins production and non-nylon 

polyamides production. The national emission standards for epoxy resins production and nonnylon polyamides production are those in 40 C.F.R. § 63, Subpart W, (July 1, 2006 July I, 2009) . 

161 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:47. National emission standards for secondary lead smelting. The national 

emission standards for secondary lead smelting are those in 40 C.F.R. §§ 93.541 to 93.551, 

inclusive, (July 1, 2009) § 63, Subpart X (July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1"18. 

74:36:08:48. National emission standards for phosphoric acid manufacturing plants. 

The national emission standards for phosphoric acid manufacturing plants are those in 40 C.P.R. 

§ 63, Subpart AA (July 1, 2009 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:49. National emission standards for phosphate fertilizers production plants. 

The national emission standards for phosphate fertilizers production plants are those in 40 C.P.R . 

§ 63, Subpart BB (July 1, 2009 July 1, 2009). 

162 

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• 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:50. National emission standards for petroleum refmeries. The national 

emission standards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC (Jwy 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. 

74:36:08:51. National emission standards for off-site waste and recovery operations. 

The national emission standards for off-site waste and recovery operations are those in 40 C.F.R. 

§ 63, Subpart DD {Jlily 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 . 

163 
74:36:08:52. National emission standards for magnetic tape manufacturing • 

operations. The national emission standards for magnetic tape manufacturing operations are 

those in 40 C.F.R. § 63, Subpart EE (J1:1ly 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. 

74:36:08:53. National emission standards for primary aluminum reduction plants. 

The national emission standards for primary aluminum reduction plants are those in 40 C.F.R. 

§ 63, Subpart LL (J1:1ly 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. 

74:36:08:54. National emission standards for chemical recovery combustion sources 

at kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission 

standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone 

semichemical pulp mills are those in 40 C.F.R. § 63, Subpart MM (Jl:lly 1, 2008 July 1. 2009). 

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

General Authority: SDCL 34A-1-6. 

164 

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• 

Law Implemented: SDCL 34A-1-18. 

74:36:08:55. National emission standards for ethylene manufacturing process units--

Heat exchange systems and waste operations. The national emission standards for heat 

exchange systems and waste operations are those in 40 C.F.R. § 63, Subpart XX (J1:1ly 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 . 

74:36:08:56. Generic maximum achievable control technology standards. The generic 

maximum achievable control technology standards are those in 40 C.F .R. § § 63.1100 to 63.1114, 

iael1:1si•re, (J1:1ly 1, 2006) § 63, Subpart YY (July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:57. National emission standards for steel pickling -- HCl process facilities 

and hydrochloric acid regeneration plants. The national emission standards for HC1 process 

facilities and hydrochloric acid regeneration plants are those in 40 C.P.R. § 63, Subpart CCC 

(J1:1ly 1, 2006 July 1, 2009). 

165 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:58. National emission standards for mineral wool production. The national 

emission standards for mineral wool production are those in 40 C.F.R. § 63, Subpart DDD (:ffil:y 

1, 2006 July 1,2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:59. National emission standards for hazardous waste combusters. The 

national emission standards for hazardous waste combusters are those in 40 C.F.R. § 63, Subpart 

EEE (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. 

166 

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• 

74:36:08:60. National emission standards for pharmaceutical production. The 

national emission standards for phannaceutical production are those in 40 C.F.R. § 63, Subpart 

GGG (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. 

74:36:08:61. National emission standards for group IV polymers and resins. The 

national emission standards for group lV polymers and resins are those in 40 C.F.R. § 63, 

Subpart JJJ (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. 

74:36:08:62. National emission standards for wool fiberglass production. The national 

emission standards for wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN 

(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. 

167 
74:36:08:63. National emission standards for manufacture of amino/phenolic resins. 

The national emission standards for the manufacture of amino/phenolic resins are those in 40 

C.F.R. § 63, Subpart 000 (July I, 2009 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:64. National emission standards for polyether polyols production. The 

national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart 

PPP (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. 

74:36:08:65. National emission standards for primary copper smelting. The national 

emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (.fuly 

I, 2009 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

168 

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• Law Implemented: SDCL 34A-1-18. 

74:36:08:66. National emission standards for primary lead smelting. The national 

emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TIT {hlly 1, 

,2,00{; July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:67. National emission standards for petroleum refmeries -- Catalytic 

• cracking, catalytic reforming, and sulfur recovery units. The national emission standards for 

catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those 

• 

in 40 C.F.R. § 63, Subpart UUU (Jl:i-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. 

74:36:08:68. National emission standards for ferroalloy production 

Ferromanganese and silicomanganese. The national emission standards for ferromanganese 

and silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX {Jlily 1, 2006 July 1, 

2009). 

169 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:69. National emission standards for the manufacture of nutritional yeast. 

The national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. 

§ 63, Subpart ecce (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. 

74:36:08:70. National emission standards for plywood and composite wood products. 

The national emission standards for plywood and composite wood products are those in 40 

C.F.R. § 63, Subpart DDDD (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. 

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74:36:08:71. National emission standards for non-gasoline organic liquids 

distribution. The national emission standards for non-gasoline organic liquids distribution are 

those in 40 C.F.R. § 63, Subpart EEEE (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. 

74:36:08:72. National emission standards for miscellaneous organic chemical 

manufacturing. The national emission standards for miscellaneous organic chemical 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFF (Jaly 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. 

74:36:08:73. National emission standards for wet-formed fiberglass mat production. 

The national emission standards for wet-formed fiberglass mat production are those in 40 C.F.R. 

§ 63, Subpart HHHH (J1:1ly 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. 

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74:36:08:74. National emission standards for surface coating of automobiles and 

light duty trucks. The national emission standards for surface coating of automobiles and light 

duty trucks are those in 40 C.P.R.§ 63, Subpart IIII {J1:1ly 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. 

74:36:08:75. National emission standards for surface coating of metal cans. The 

national emission standards for surface coating ofmeta1 cans are those in 40 C.P.R.§ 63, Subpart 

KKKK (J1:1ly 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. 

74:36:08:76. National emission standards for surface coating of large appliances. The 

national emission standards for surface coating of large appliances are those in 40 C.P.R. § 63, 

Subpart NNNN (fuly 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-l-6. 

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• Law Implemented: SDCL 34A-1-18. 

74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics 

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics 

and other textiles are those in 40 C.P.R. § 63, Subpart 0000 (h!ly 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. 

74:36:08:78. National emission standards for surface coating of plastic parts and 

• products. The national emission standards for ·surface coating of plastic parts and products are 

those in 40 C.P.R. § 63, Subpart PPPP (Jt1ly 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. 

74:36:08:79. National emission standards for surface coating of wood building 

products. The national emission standards for surface coating of wood building products are 

those in 40 C.P.R. § 63, Subpart QQQQ (Jt1ly 1, 2009 July 1, 2009) . 

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

173 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:80. National emission standards for surface coating of metal coil. The 

national emission standards for surface coating of metal coil are those in 40 C.F.R. § 63, Subpart 

SSSS (Jt1ly 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. 

74:36:08:81. National emission standards for leather f"mishing operations. The 

national emission standards for leather finishing operations are those in 40 C.F.R. § 63, Subpart 

TTTT {Jaly 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. 

74:36:08:82. National emission standards for cellulose products manufacturing. The 

national emission standards for cellulose products manufacturing are those in 40 C.F.R. § 63, 

Subpart UUUU (Jaly 1, 2006 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:83. National emission standards for boat manufacturing. The national 

emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV (Jaly 1, 

~ July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:84. National emission standards for rubber tire manufacturing. The national 

emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX 

(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. 

74:36:08:85. National emission standards for lime manufacturing plants. The national 

emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA 

(Jaly 1, 2009 July 1, 2009). 

175 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:86. National emission standards for semiconductor manufacturing. The 

national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, 

Subpart BBBBB (Jl:lly 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. 

74:36:08:87. National emission standards for coke ovens-- Pushing, quenching, and 

battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63, 

Subpart CCCCC (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-l-18. 

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74:36:08:88. National emission standards for iron and steel foundries. The national 

emission standards for iron and steel foundries are those in 40 C.F.R. § 63, Subpart EEEEE (~ 

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. 

74:36:08:89. National emission standards for site remediation. The national emission 

standards for site remediation are those in 40 C.F.R. § 63, Subpart GGGGG (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. 

74:36:08:90. National emission standards for miscellaneous coating manufacturing. 

The national emission standards for miscellaneous coating manufacturing are those in 40 C.F.R. 

§ 63, Subpart HHHHH (Jaly I, 2009 July 1, 2009). 

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

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

177 
74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The 

national emission standards for mercury cell chlor-alkali plants are those in 40 C.F.R. § 63, 

Subpart IIIII (Ally 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. 

74:36:08:92. National emission standards for clay ceramics manufacturing. The 

national emission standards for clay ceramics manufacturing are those in 40 C.F.R. § 63, Subpart 

KKKKK (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. 

74:36:08:93. National emission standards for flexible polyurethane foam faln-ieation 

opeFations production. The national emission standards for flexible polyurethane foam 

faerieatioR Of!OFatioRs production are those in 40 C.F.R. § 63, Subpart MMMMM III (Jaly 1, 

200e July 1, 2009). 

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

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General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:94. National emission standards for hydrochloric acid production. The 

national emission standards for hydrochloric acid production are those in 40 C.P.R. § 63, Subpart 

NNNNN (ll:lly I, 2009 July 1. 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:95. National emission standards for friction materials manufacturing 

facilities. The national emission standards for friction materials manufacturing facilities are those 

in 40 C.P.R.§ 63, Subpart QQQQQ (Jl:ily I, 2009 July 1. 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:96. National emission standards taconite iron ore processing. The national 

emission standards for taconite iron ore processing are those in 40 C.P.R. § 63, Subpart RRRRR 

(Jl:lly 1, 2009 July 1, 2009) . 

179 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:97. National emission standards for refractory products manufacturing. 

The national emission standards for refractory products manufacturing are those in 40 C.P.R. 

§ 63, Subpart SSSSS (la1y 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. 

74:36:08:98. National emission standards for primary magnesium refming. The 

national emission standards for primary magnesium refining are those in 40 C.P.R. § 63, Subpart 

TTTTT (la1y 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. 

74:36:08:99. National emission standards for polyvinyl chloride and copolymers 

production area sources. The national emission standards for polyvinyl chloride and 

copolymers production area sources are those in 40 C.P.R.§ 63, Subpart DDDDDD (Jffiy 1, 2009 

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• July l, 2009). A source that operates a unit subject to Subpart DDDDDD 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 DDDDDD. Exempted 

sources must still meet the applicable requirements in Subpart DDDDDD. 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:100. National emission standards for primary copper smelting area sources. 

The national emission standards for primary copper smelting area sources are those in 40 C.F.R. 

• § 63, Subpart EEEEEE (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. 

74:36:08:101. National emission standards for secondary copper smelting area 

sources. The national emission standards for secondary copper smelting area sources are those in 

40 C.F.R. § 63, Subpart FFFFFF (Jaly 1, 2006 July 1, 2009). 

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

• General Authority: SDCL 34A-1-6. 

181