# •
•
• 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 ofthe following documents to the members ofthe Interim Rules Review Committee, listed below, at their respective post office addresses and/or electronic mail addresses: a. A copy ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment onApril 15, 2010; b. A copy ofthe comments received during the public notice; c. A copy ofthe minutes for the public hearing; d. A copy ofthe small business impact statement; and e. A copy ofthe 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 ValleyView 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 SenatorHundstad: Please find attached a copy ofthe following documents: Page 1 of 1

I. A copy ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment on Apri115, 2010; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe 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

# •
• May 13,2010
The Honorable Roger W. Hunt State Representative PO Box 827 Brandon, South Dakota 57005-0827 DearRepresentative Hunt: Please findenclosed a copy ofthe 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 ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted bythe Board ofMinerals and Environment onApri115, 2010; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contactme at (605) 773-3151. Sincerely, 

# 1/7(£#- 

# / Z'Rombough Natural Resources Engineering Director Air Quality Program EnclosuresMessage 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 ofthe following documents: 1. A copy ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment onAprill5, 2010; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyouhave any questions, please contactme 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 ofthe 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 ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted bythe Board ofMinerals and Environment onApril15, 2010; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contactme at (605) 773-3151. Sincerely, 

# /?1!!4

Kyrik Rombough Natural Resources Engineering Director Air Quality Program EnclosuresMessage 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 SenatorHunhoff: Please find attached a copy ofthe following documents: 1. A copy ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment onApril15, 2010; 2. A copy ofthe comments received duringthe publicnotice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe 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 Peggy Gibson State Representative 1010 Valley View Court Huron, South Dakota 57350-4221 Dear Representative Gibson: Please findenclosed a copy ofthe 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 ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted bythe Board ofMinerals and Environment on April 15, 2010; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the publichearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyouhave any questions, please contactme 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 ofthe following documents: 1. A copy ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment on April15, 2010; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyouhave 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 SenatorVehle: Please find enclosed a copy ofthe 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 ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment on April15, 2010; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the publichearing; 4. A copy ofthe smallbusiness impact statement; and 5. 

### A copy ofthe fiscal note. Ifyou have any questions, please contactme at (605) 773-3151. Sincerely,

# ~L(L Kyrik Rombough Natural Resources Engineering Director Air Quality Program EnclosuresMessage 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 ofthe following documents: 1. A copy ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment on April15, 2010; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyouhave any questions, please contactme 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, SouthDakota 57709-8045 Dear Representative Lust: Please find.enclosed a copy ofthe 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 ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adoptedby the Board ofMinerals and Environment onApril15, 2010; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou 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 ofthe following documents: I. 

### A copy ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment on April15, 2010;

• 2. 3. 4. A copy ofthe conunents received during the public notice; A copy ofthe minutes for the public hearing;


# • 5. A copy ofthe small business impact statement; and A copy ofthe fiscal note. Ifyou have any questions, please contactme at (605) 773-3151. Sincerely, Kyrik Rombough Natural Resources Engineering Director Air Quality Program Attachments

05/13/2010 Page 1ofI

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# • Definitions Onth1s A1rb1ll, "we, "our; "us; and "FedEx" referto Federal Express Corporation,rts employees, and agents. "You· and "your refertothe sender,rts employees, and agents. AgreementToTenns BygiVI gusyourpackage to deliver, you ab eeto 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. IIthere is a conflict between the current FedEx Service GUide and this Airbill, the current FedEx Service Guide will control. No one 1s authorized to change the terms ofour Agree"llent Responsibility For Packaging And**C~mpleting** Airbill You are responsiblefor adequately packag10g your goods and properlyfillmg out this A1rbill. Ifyou omitthe number of packages and/orweight per package, our billing will be based on our best est1mate ofthe 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,youWI Ialwaysbe pnmanlyresponsible for all de rvery costs,aswell as anycostwe incunneither returning yoLr packagetoyou or**ware~ousmg** itpend1ng disposition. limitations On Our LiabilityAnd liabilities Not Assumed • Our liability 10 connection with this shipment 1s limited to the

lesser ofyouractual damages or$100, unless you declare a highervalue, pay an additional charge, and documentyour actual loss in attmelymanner. You may payan addtttonal charge for each additional $100 of declared value. The declaredvalue does not constitute, nordowe provide, cargo liabill!y insurance. • In any event, we will not be liablefor any damage, whether

direct. mcidental, special, or consequential, in excess ofthe declared ve'ue of a**·~1pment,**whether or not FedEx had knowledge thatsue damages might be incurred, including but not h tted to loss of mcome or profits. • We won't be liable:

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our Agreement.

- for loss of or damageto 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,

FedEx Pak, or FedEx Sleeve shipment is $500. • Forother shipments, the highestdeclared value allowed is

$50,000 unlessyour package contains items of extraordinary value, in which case the highest declared value allowed is $500. • Items of extraordinaryvalue include shipments containing

such items as artwork,jewelry, furs, precious metals, negotiable instruments, and other items listed inthe current FedEx Service Guide. • You may send morethan one package on this Airbill and fill

in the total declared value for all packages, notto exceed the $100,$500, or$50,000 per package limit described above. (Example: 5packages can have atotal declared value ofup to $250,000.) Inthat case, our liability is limitedtothe actual value ofthe package(s) lostordamaged, but may not exceed the maximum allowable declaredvalue(s)orthe total declared value, whichever is less.You are responsible for proving the actual loss or damage. 

# • Filing AClaim YOU MUST MAKE ALL CLAIMS IN WRITING and notify us ofyour claim within stricttime limits set out 10the current FedEx Service Guide. You may call our Customer Service department at t.SOO.GoFedEx 1.800.463.3339 to report aclaim; however, you must stillfile atimelywritten claim. Within nine months (from the sh1p date) afteryou notify us of your claim, you must send us all the information you _have about it We aren'tobligated to act on any cia1m untll you have paid alltransportation charges, and you may notdeduct 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 usto process your claim, you must makethe original shipping cartons and packing available for inspection. RightTo Inspect We may, atouroption, open andinspect your packages before or afteryou give them to usto deliver. Right Of Rejection We reserve the rightto rejecta shipmentwhen such shipmentwould be likelyto cause delay ordamage to other shipments, equipment, or personnel; or ifthe shipment is prohibited by law; or ifthe shipmentwould violate anyterms of ourAirbill orthe current FedEx Service Guide. C.O.D. Services C.O.D SERVICE IS NOTAVAILABLEWITH THIS AIRBILL If C.O.D.Service is required, please use aFedEx C.O.D. Airbill. AirTransportation Tax Included Afederal excise tax when required bythe Internal Revenue Code on the air transportation portion ofthis service, ifany, is paid by us. Money-BackGuarantee Inthe event of untimelydelivery, FedExwill, atyour request and w1th some limitations, refund or credit all transportation charges. See the current FedEx Service Guide for more information.2 From PleaseIJfintand presshard. Date Senders Name 5/13/10 Senders FedEx Account Number KYRIK R OKBOUGH

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# • • Terms And Conditions 

# • Definitions On th1s A1rbill. "we, our," and "us" referto Federal Express Corporation, its employees, and agents. "You" and "your" refer to the sender rts employees. and agents. AgreementToTerms By g1vmg usyour package to deliver, you agree to all the terms on this A1rbill and mour 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 aconflict between the Service Guide andthis Airbill, the Service GUide will control No one 1S author;zed to change the terms of ourAgreement Responsibility For Packaging And Completing Airbill You are responsible foradequately packagmg your goods and properlyfilling outthis A1rbill If you om1tthe 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 primanlyresponsible for all deliverycosts, aswell as anycostwe incur in either retummg your package toyou orwarehousing itpending disposition. Limitations On Our Liability And Liabilities Not Assumed • Our liab1lity mconnection With this shipment IS lim1tedto the

lesser ofyour actual damages or$100, unlessyou declare a highervalue, pay an additional charge, and documentyour actual loss matimely manner You may pay an additional charge for each additional $100 of declared value. The declaredvalue does not consutute, nordo we provide, cargo liability insurance • In any event, we Will not be liablefor anydamage, whether

direct, mc1dental, spec1al, or consequential. mexcess ofthe declaredvalue of ashipment,whetheror 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 youracts or omiss10ns, including but not limited to improper or insufficient packing, securing, marking, or addressing, orthose ofthe recipient oranyone else with an 10terest in the package.

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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 ofpublic authorities with actual or apparent authority. Declared Value Limits • The highest declaredvalue allowed for aFedEx Envelope or

FedEx Pak shipment is$500. • For othershipments, 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 ourService 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 limitdescribed above. (Example: 5packages can have atotal declared value of up to S250.000.)1nthat case, our liability is limited to the actual value ofthe package(sllost or damaged, but may notexceed the maximum allowable declared value(s) orthetotal declared value, whichever is less.You are responsible for proving the actual loss or damage. Filing AClaim YOU MUST MAKE ALL CLAIMS IN WRITING and notify us ofyour claim within stricttime limits set out 10 the current Service Guide. 

# •
You may call our Customer Service department at 1.800.GoFedEx 1.800.463.3339to report aclaim; however, you must still file atimely written claim.

Within 45 days after you notify us ofyour claim, you must send us all the information you have about itWe aren't obligated to act on any claim until you have paid all transportation charges, and you maynotdeductthe amount of your claim from those charges.

Ifthe recipient acceptsyour 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. RightTo Inspect We may, at our option, open and inspect your packages before orafteryou give them to us to deliver. Right Of Rejection We reserve the rightto reject a shipmentwhen such shipmentwould be likelyto cause delay ordamageto other shipments, equipment, or personnel; or if the shipment is prohibited by law; or ifthe shipmentwould violate any terms of our Airbill orour current Service Guide. C.O.D. Services C.O.D. SERVICE IS NOTAVAILABLEWITH THIS AIRBILL If C.O.D. Service is required, please use a Federal Express C.O.D. Airbill. AirTransportation Tax Included Afederal excise tax when required by the Internal Reverue Code on the air transportation portion ofthis service, ifany, is paid by us. Money-Back Guarantee Inthe event of untimelydelivery, Federal Expresswill, atyourrequest and with some limitations, refund orcreditall transportation charges. See currentService Guide for more information.

Pan#l!I8279•Rev 11/03From Pi8aseprimond/Jfsssh o nl. D ate 5/13/10 Sender's FedEx Account Number Sender's Name KYRIK ROMBOUGH**,,:,·.~:;** 

## 8 4 73 7 653 438 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 Z IP 57501 2 Your Internal Billing Reference Fnt24characterswilappearoninvoic:a. 20209 0 TIOI A 3 To R ecipient s Name THE HONO RABLE JEAN M HUNH<WJ':e ( 605 1 668-8312 Company R ecipients Address S TATE SENATOR

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# • • • • • • • • Terms And Conditions 

# • Definitions On th1s A1rbill, "we." "our." and "us" referto Federal Express Corporation. its employees, and agents."You· and "your" referto the sender. 1tsemployees. and agents. AgreementTo Terms Bygiving usyour package to deliver • you agree to all the terms on th1s A1rbill and mour current Service Guide,which 1s available on request You also agree tothose terms on behalf of anythird party w1th an interest m the package. Ifthere is aconflict between the Service Guide and this A1rb1ll, the Service Guide will control. No one is authomed to change the terms of ourAgreement Responsibility For Packaging And Completing Airbill You are responsible for adequately packagmg your goods and properly filling outth1s A1rbill. Ifyou om1t the number of packages and/orweight per package, our billing will be based on our best est1mate ofthe number of packages we rece1ved and/oran est1mated "default" we1ght per package as determmed by us Responsibility For Payment Even ifyou g1ve us different paymentmstrucuons.you will always be pnmarily responsible for all delivery costs,as well as any costwe incurin either returning yourpackageto you orwarehousing 1tpendmg d1sposrtion. Limitations On Our Liability And Liabilities NotAssumed • Our liability in connectiOn w1th thiS shipment IS limited to the

lesser of your actual damages or$100, unless you declare a highervalue, pay an additiOnal charge, and documentyour actual loss in atimely manner.You may pay an add1Uona1 charge for each additiOnal $100 of decla·ed value. The declared value does not constitute, nordo we prov1de, cargo liability insurance. • In any event.we will not be liable for any damage, whether

direct, mcidental,spec1al, or consequential. 1n excess ofthe declaredvalue of ashipment,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:

- foryour acts or omissions, including but not limited to

improper or insufficient packing, securing, marking, or addressing, orthose ofthe recipient or anyone else with an interest in the package.

- 1fyou orthe 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 aFedEx Envelope or FedEx Pak shipment is $500. • For other shipments, the highest declared value allowed is

$50,000 unlessyour package contains items of extraordinary value, in which case the highest declared value allowed is $500. • Items of extraordinaryvalue mclude shipments containing

such items as artwork,jewelry, furs, precious metals, negotiable instruments, and otheritems listed in ourService Guide. • You may send more than one package on this Airbill and fill

in the total declared value for all packages. notto exceed the$100,$500, or$50,000 per package limitdescribed above. (Example: 5packages can have atotal declaredvalue ofup to$250,000.) In that case, our liability is limited to the actual value ofthe package(s) lost ordamaged, butmay not exceed the maximum allowabledeclaredvaluels) orthe total declared value, whichever is less. You are responsible for proving the actual loss or damage. Filing AClaim YOU MUST MAKEALL CLAIMS IN WRITING and notify us of your claim within stricttime limits set out in the current Service Guide. 

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You may call our Customer Service department at 1.800.GoFedEx 1.800.463.3339to report aclaim; however.you must still file atimelywritten claim.

Within 45 days afteryou notify us ofyour claim, you must send us all the information you have about it.We aren't obligated to acton any claim until you have paid all transportation charges. and you may notdeductthe amount of your claim fromthose charges.

Ifthe recipient accepts your package without noting any damage on the delivery record, we will assume the package was delivered in good condition.For usto process your claim, you must make the original shipping cartons and packing available for inspection. RightTo Inspect We may, at ouroption. open and inspect your packages before or after you give them to usto deliver. Right Of Rejection We reserve the rightto reject a shipmentwhen such shipmentwould be likely to cause delay or damage to other shipments, equipment, or personnel; or if the shipment is prohibited by law; or ifthe shipmentwould v1olate anyterms of our Airbill or ourcurrent Service Guide. C.O.D. Services C.O.D. SERVICE IS NOTAVAILABLE WITH THIS AIRBILL. If C.O.D. Service is required, please use a Federal Express C.O.D. Airbill. AirTransportation Tax Included Afederal excise taxwhen required bythe Internal Revenue Code on the air transportation portion ofthis service, ifany, is paid by us. Money-Back Guarantee In the eventofuntimely delivery, Federal Express will, atyour request and with some limitations, refund or credit alltransportation charges. See current Service Guide for more information.2 Date 5/13/1 0 Sende( sFedEx Acc

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# • DefinitiOns i)n**t~IS**Al:bill, ·we. "ou : ar d"us refer to Federal Express Corporat•on 1tsemployees, and agents. "You· and "your" refer to the sender. tts employees, andagents. AgreementTo Terms Byg1vmg us yourpeckage 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 anythird partyw1ti an Interest 10 the package. If**t~ere** 1s aconflict 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 adequatelypackagmg your goods and properlyf1llmg outth1s A1rb1ll Ifyou om1tthe number of packages and/orweight per package, our billing will be based on our best estimate oft'le numberof packages we rece1ved and/or an estimated "default" we•ght per package os determmed by us. Responsibility For Payment Even 1fyou g1ve us different payment 1nstrucbons you Will always be pnmanly responsible for all deliverycosts, aswell as any costwe mcurmeither •etummg your package toyou orwarehousing itpend1ng disposition. Limitations On Our Liability And Liabilities Not Assumed • Our liab1hty 10 connection w1th th1s sh1pment IShm1tedto the

lesser ofyour actual damages or$100, unless you declare a h1ghervalue, pay an additional charge, and document your actual loss in atimely manner. You may pay an addit1onal charge for each additiOnal SIOO of declared value. The declaredvalue does not constitute. nordo we prov1de. cargo liability msurance. • In any event. we will not be liable for any damage,**whet~er**

direct, incidental, spec1al, or consequential. mexcess ofthe declared value of ash1pment. whetheror not Federal Express had knowledge that such damages might be incurred, includmg but not lim1ted to loss of income or profits. • We won'tbe liable: for youracts or omissions, including but not limited to 1mproper or insufficient packing, securing, marking, or addressing, orthose ofthe recipient or anyone else with an mte·est mthe package. ifyou orthe recipient vrolates any ofthe terms of our Agreement. for loss of or damage to sh1pments of prohibited items.

- for loss. damage, ordelay caused by events we cannot

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FedEx Pak shipment IS$500. • For other sh1pments, the highest declared value allowed is

$50,000 unlessyour package contains items of extraordinary value, in which case the highest declared value allowed is$500. • Items of extraordinaryvalue include shipments containing

such items as artwork, Jewelry,furs, precious metals, negotiable instruments, and other items listed in ourService Guide. • You may send more than one package on th1s Airbill and fill

mthe total declared value for all packages, notto exceed the $100,S500, or$50,000 per package limitdescribed above. (Example: 5packages can have atotal declared value of up to $250,000) In that case, our liability IS limited tothe actual value ofthe package(s) lostordamaged, but maynotexceed the maximum allowable declaredvalue(s) orthetotal 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 stricttime limits set out mthe current Service Guide. 

# •
You may call ourCustomer Service departmentat 1.800.GoFedEx 1.800.463.3339to report a claim; however, you must still file atimely 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 notdeductthe amountof your claim from those charges.

Ifthe recipient acceptsyour package without noting any damage on the delivery record, we will assume the package was delivered 1n good condition. For usto process your claim, you must makethe original shipping cartons and packing available for inspection. RightTo Inspect We may, at ouroption, open and mspect your packages before oralteryou give them to us to deliver. Right Of Rejection We reserve the right to reject a shipmentwhen such shipmentwould be likelyto cause delay ordamageto other shipments, eqUipment, or personnel; or if the shipment is prohibited by law; or ifthe shipmentwould violate any terms of ourAirbill or our current Service Guide. C.O.D. Services C.O.D. SERVICE IS NOTAVAILABLEWITH THIS AIRBILL IfC.O.D. Service is required, please use a Federal Express C.O.D. Airbill. Air Transportation Tax Included Afederal excise tax when required by the Internal Revenue Code on the air transportation portion ofthis service, ifany, is paid by us. Money-BackGuarantee Inthe event of untimelydelivery, Federal Expresswill, atyour request and with some limitations, refund orcreditall transportation charges. See currentService Guide formoremformation.Express 

## • irbi/1 From ,.,,..,..lndpmsiNtd. Date Sende(s Name 5/13/ 1 0 Sende(s FedEx Account Number KYRIK ROMBO UGH

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# 8473 7653 4391 Number 120 6-7724-1 Phone ( 605 )773- 31 5 1
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# • • • • Terms And Conditions 

# • Defimt1ons On t"•s A1rb1ll we·· ou : 1d "us" •eferto Fed. e Express Corporation rts employees, and agents "You"

d your referto the sender. tsemployees. and age ts. AgreementTo Tenns Byg1vmg usyour packageto dehve you a ee to all t: aterms**o~** t ISA1 bill and**~our** cur•ent Serv1ce Gu1de, whtch IS eva1lable on •equest You also agree tot ose terms on behalf of anythrd partyw• an**l~terest** m the**p~ckage** l'**t~ere** IS aco. r1ct between the Se-rv•ce Gu1de and th1s**A1r~lll** the Serv1ce Gu1dew11**co~•·ol** 'llo one s authonzed to change t terms of ourAg eerr:ert Responsibility For Packaging And Completing Airbill You are respors1ble for adequately packagmg your goods and proper yf1llmg out thiS Atrbtll If you Ol'lltthe number of packages and/orwe1ght per package our btlhngWill 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 determmedby us Responsibility For Payment Ever Ifyo giVe us different payment mstrucuons,youWJI always be pnmanly responsiblefor all deliVerycosts, aswell as any costwe 1curmeither retumirg yourpackage toyou orwarehous1rg Itpend rg d1sposrtmn Limitations On Our Liab1hty And Liabilities NotAssumed • Our hab1hty mconnection w1th th1s s1'1pment IS 1m1tedto the

lesser ofyour actual damages o SlOO unlessyou dec rea h1gher value, pay add1t10n cllarge. and documentyour actual oss mat1mely**m,~rer** You may pay an additional chs•ge for each additional $100 of declared value The declared value does 1101 corstttute, nordo we prov1de, cargo habtltty surance • In any evt,t we Will ot be table for yaamage. whether

dtrect, me dent •spe al orconseque1tral mexcess ofthe declaredvalue of ash1pm 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 eor prof1ts • We won't be liable: for your acts or omiSSions. including but not limned to 1mproper or**~sufftcient** packmg, secunng, marking, or addressmg. orthose olthe rec1p1ent or anyone else w1th an Interest mthe package. 1fyou or the rec1pient violates any ofthe terms of ourAgreement

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

fAr loss, damage, ordelay 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 FedEx Envelope or

FedEx f'ak**s~tpment** IS$500. • Forotrersh1pments, the highest declared value allowed 1s

$50,000 unlessyour package contams ttems of extraordinary value, mwh1ch case the htghest declared value allowed IS $500 • Items of extraordinaryvalue mclude shipments contammg

such Items as artwork.jewelry, furs, precious metals, negotJable Instruments. and otheritems listed mourService Guide. • You may send more than one package on th1s Airb1ll and fill

mthe total declared value tor all packages. not to exceed the $100. SSOO, orSSO,OOO per package limit described above. (Example: 5packages can have atotal declared value of up to $250.000.) In that case. our liability is limited to the actual value ofthe package(s) lost ordamaged. but may not exceed the max1mum allowable declaredvalue(s) orthetotal 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 • mthe current Serv1ce Guide. 

# •
You may call ourCustomer Serv1ce department at 1.800.GoFedEx 1.800.463.3339to report a cia1m; however, you must still file atimely written claim

Within 45 days after you not1fy us ofyour cia1m. you must send us all the information you have about it. We aren't obligated to acton any cia1m until you have pa1d all transportation charges, and you may notdeductthe amount of your claim from those charges.

Ifthe recipient acceptsyour 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. RightTo Inspect We may, at ouroption, open and inspect your packages before or afteryou give them to us to deliver. Right Of Rejection We reserve the nghtto reject a shipmentwhen such shipmentwould be likelyto cause delay or damage to other shipments, equipment, or personnel; or if the shipment is prohibited by law; or if the sh1pmentwould violate anyterms of ourAtrbill orour current Service Guide. C.O.D. Services C.O.O SERVICE IS NOTAVAILABLE WITH THIS AIRBILL IfC.O.D. Service is requtred. please use a Federal Express C.O.D. Airbill. AirTransportation Tax Included Afederal excise taxwhen required bythe Internal Revenue Code on the air transportation portion ofth1s service, if any, is paid by us. Money-BackGuarantee In the event of untimelydelivery, Federal Expresswill, atyour request and with some limitations, refund orcredit 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 ofAmendments to ARSD 74:36 -Air Pollution Control Program
I have enclosed a packetpertaining to the final draft ofthe revisions to ARSD 74:36- Air Pollution Control: The enclosed packet contains the following documents: • A copy ofthe first draft ofthe revisions; • A copy ofLegislative Research Council's recommended changes • A copy ofthe final draft approved bythe Board ofMinerals and Environment • The original form #11, which contains the signatures ofa majority ofthe members ofthe Board ofMinerals and Environment; • A copy ofthe affidavit ofthe mailingto the Rules Committee members; • A copy ofthe minutes for the April 15, 2010, Board ofMinerals and Environmentmeeting. Ifyou have any concerns or questions, please contactme 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 Operatingpermits for minor sources. 74:36:05 Operatingpermits for Part 70 sources. 

# • 74:36:06 Regulated airpollutant emissions. 74:36:07 New sourceperformance standards. 74:36:08 National emission standards for hazardous air pollutants. 74:36:09 Prevention ofsignificant deterioration. 74:36:10 New sourcereview. 74:36:11 Performance testing. 74:36:12 Control ofvisible emissions. 74:36:13 Continuous emissionmonitoring systems. 74:36:14 Variances, Repealed. 74:36:15 Openburning, Transferred orRepealed. 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 inthe Rapid City area. Mercurybudget tradingprogram, Repealed. Constructionpermits for new sources ormodifications.

CHAPTER74:36:01
DEFINITIONS

Definitions. Repealed. Administrative permit amendment defined. Affected states defined. Applicable requirements ofthe Clean AirAct defined. Complete application defined. Repealed. Major source defined. Categories ofsources defined. Modification defined. National ambient air quality standard (NAAQS). Potential to emit defined. 

# •
•
•

2

# • 74:36:01:13 Process weightrate 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 Existingmunicipal solid waste landfill defined. 74:36:01:20 Physical change in orchange in the method ofoperation defined. 74:36:01:21 Commenced construction defined.
74:36:01:01. Defmitions. Unless otherwise specified, theterms used inthis article mean: 

# • (1) 

### "Act," chapter 34A-1 ofthe South Dakota Codified Laws; (2) "Acid rain permit," a legallybinding written document orportion ofa 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 ofthe affected source; (3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution control and emissions reductionprogram established in accordance with Title IV ofthe 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 CleanAirAct; (6) "Affected unit," a unit that is subject to any ofthe emission reduction requirements or emission limits pursuant to TitleN ofthe CleanAirAct or chapter 74:36: 16; (7) "Air pollutant," one or a combination ofthe 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 ofoperation, orboth, and the most stringent ofthe 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 apermit condition; or (e) The applicable standards in40 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 publichas access; (10) "ASTM," the American Society for Testing and Materials; (11) "Board," the Board ofMinerals and Environment; (12) "Btu," Britishthermal unit; (13) "CO," carbonmonoxide; (14) "Chairman," chairman oftheboard; (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 orreduces emissions; (18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead; (19) "Department," the South Dakota Department ofEnvironment and Natural Resources; (20) "Designated representative," the responsible person or official authorized by the owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to the unit and the submission ofand 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 singleunit;

5(24) "Emissionunit," "Unit," anypart or activity ofa stationary source which emits orhas • the potential to emit a regulated airpollutantregulated under or anypollutant listed under section 112(b) oftheast Clean Air Act; (25) "EPA," the Environmental ProtectionAgency; (26) "Equivalent method," anymethod ofsampling 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 thathas an approved state-issued variance orpermit; (28) "Facility," a building, structure, or installation ofpollutant-emitting activities which belong to the same industrial grouping, located on one ormore 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 ifthey belong to the same major group, i.e., have the same two-digit code, as described inthe 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 ofthis term does notimpede the department's authorityunder 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 thathas completed all requiredreview procedures;
6 

# •
•

# •
•
• (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 ofburning fuel or other combustible material for the primary purposes ofproducingheat or powerbyindirect heattransfer;**~** 

### (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," apermit issuedbythe board in accordance with SDCL 34A-1- 56 thatmaybemade 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 ofthe wastebyremoving its combustible material;**~** .QQ} 

### "Malfunction," any sudden and unavoidable failure of air pollution control equipment or process equipment or ofa process to operate in a normal orusual manner, but not a failure caused entirely or in part bypoor maintenance, careless operation, preventable equipment breakdown, or any other cause withinthe control ofthe owner or operator ofthe source;**~** .Q1} 

### "Minor source," a source whose potential emissions of a criteria pollutant are less than 100 tons a year and which does notmeetthe definition ofa 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 sourcereview; f4Jj .(±12 

### "Opacity," the degree to which emissions reduce the transmission oflight and obscure the view ofan object in thebackground; 

## 84-1 (42) "Open burning," the burning ofany matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passage through a stack, duct, orchimney;**~** 

### (43) "Operating permit," a written authorization issued by the board or the secretary for the eonstruetion or operation ofa 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 ofpermits covering a Part 70 source that is issued, renewed, amended, orrevised;**~** 

### (47) "Part 70 source," any source subjectto§ 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 ofsizes; 

## 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; 

# •

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 minorpermit amendment;**~.{ill** 

### "Person," an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or state agency or any legal successor, representative, agent, or agency ofthe foregoing; fM) (52) "PMlO," particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measuredby an applicablereference or equivalent method;**~** 

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

### Q1} "PSD," preventionofsignificant deterioration;**~.Gil** 

### Repealed;**~** 

## 00 "Salvage operation," an operation conducted in whole or in part for the reclaiming ofproduct or material;**~** 

### (57) "Secretary," the secretary ofthe South Dakota Department ofEnvironment and Natural Resources or an authorized representative;**~** G_ID 

### "Shutdown," the cessation of operation of any control equipment, process equipment, orprocess 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 inthe air;

9

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

## f64f (62) "Title I," Title I ofthe Clean AirAct Amendments, provisions for attainment and maintenance ofnational 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 ofthe CleaR Air AetAffiea<:im:eflts, hazanio:as air poll:ataats; 

### f6+f.(§}} "Title IV," Title IV ofthe Clean AirAct Amendments, acid deposition control;**~** (64) "Title V," Title V ofthe Clean AirAct 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 ofthe Clean Air l.etAmen<:im:ents, ffiiseellaReo:as provisions; (72) "Title IX," Title IX ofthe 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 orhas the potefltial to effiit a pollffiaJl:t reg:alated ooderthe Aet;
10 

# •
•

# • f761 (

### 66) "Variance," a written authorization issued by the board to operate a minor source in an attainment areathat is not incompliance with certain portions ofthe 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 365mfe); 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
11mefum<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, orliaear eompletely flueriaated alkanes; (b) Cyelie, branehed, orliaeareompletolyflaori11ated 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 in40 C.F.R. § 51.1OO(s) (July 1, 2009);**~** .{QID "Wire reclamation furnace," a furnace that uses either direct or indirect heat transferto salvage nonferrous metals through the thermal destruction ofsolid wastematerials; f79) (69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measuredby an applicablereference orequivalentmethod;**~** (70) 

### "802," sulfur dioxide; a£d 

### f&Billl"N02," nitrogen**dioxide~** and (72) "Construction permit," a written authorization issued bythe board orthe secretaryfor the construction and operation ofa new source ormodification 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 ofManagement and Budget. Copies maybe obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87- 100012. Cost: $31.
74:36:01:05. Applicable requirements of the Clean Air Act defmed. Applicable requirements ofthe Clean Air Act include all ofthe following as they apply to emissions units in a Part 70 source, unless the context ofthe Clean 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 ofthe Clean Air Act that
13

### implements the relevant requirements ofthe Clean Air Act, including any revisions to that plan • promulgated inPart 52 of40 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 underTitle I, including Parts CorD, ofthe 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 ofthe Clean Air Act, including any requirement concerning accident preventionunder§ 112(r)(7) ofthe Clean AirAct; (5) Any standard or other requirement ofthe acid rain program under Title IV ofthe Clean AirAct orthe regulations promulgated under it; (6) Any monitoring, reporting, and certification requirements established pursuant to § 504(b) or 114(a)(3) ofthe Clean AirAct; (7) Any standard or other requirement governing solid waste incineration, under§ 129 of the CleanAirAct; (8) Any standard or other requirement for consumer and commercial products, under § 183(e) ofthe Clean Air Act; (9) Any standard or other requirement for tank vessels, under § 183(±) ofthe Clean Air Act; 

### (10) Any standard or other requirement ofthe program to control air pollution from outer continental shelfsources, under § 328 ofthe Clean Air Act; (11) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI ofthe Clean Air Act, unless the administrator ofthe EPA has determined that suchrequirements need notbe contained in a Part 70 operatingpermit; and
14 

# •
•

# • (12) Anynational ambient air quality standard orincrement orvisibilityrequirement under Part C ofTitle I ofthe Clean Air Act, but only as it would apply to temporary sources permitted pursuant to§ 504(e) ofthe Clean AirAct.
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. LawImplemented: 

### SDCL 34A-I-6.
74:36:01:10. Modification defmed. 

### Modification is a physical change in or change in the • method ofoperation ofa source that results in at least one ofthe following: (I) An increase in the amount ofan air pollutant emitted bythat source or in the emission ofan air pollutantnot 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 ofan emission limit or other standard, a source-specific determination for temporary sources ofambient impacts, or a visibility or increment analysis; or (4) The change seeks to establish or change a permitterm or condition for which there is a corresponding underlying applicable requirement that the source has assumed to avoid an • applicable requirement, a federally enforceable emissions cap assumed to avoid classification as
15a modification under anyprovision ofTitle I, or an alternative emissions limit approved pursuant • to regulations promulgatedunder§ 112(i)(5) ofthe 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. GeneralAuthority: 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 ora change inthe method ofoperation does not include the following: (1) Routine maintenance, repair, and replacement; (2) Use ofan alternative fuel or raw material because ofan order under§§ 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on January 1, 1993, or because ofa natural gas curtailment plan pursuantto the Federal Power Act as in effect onJanuary 1, 1993; (3) Use ofan alternative fuel because ofanorder orrule under§ 125 ofthe Clean AirAct; (4) Use at a steam generating unit ofan 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 pursuantto 40 C.F.R. Part 51, Subpart I, or40 C.F.R. § 51.166 (July 1, 2005 July l, 2009); (6) Anychange ofownership at a source; (7) Theuse ofan alternative fuel orraw material by a source which the source was capable of accommodating before January 6, 1975, unless the change is prohibited under a federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R. 

### § 52.21 (July 1, 2005 July 1, 2009), orunder 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 pursuantto 40 C.F.R. § 51.165 (July 1, 2005 July 1, 2009).


# • Source: 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR209, effective June 13, 2006. General Authority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6.
74:36:01:21. Commenced construction defined. Commenced construction means the owner or operator has all necessary construction approvals orpermits and has: (1) Begun, or caused to begin, a continuous program ofactual on-site construction ofthe new source ormodificationto the existing source; or
17(2) Entered into a binding agreement or contractual obligation, which cannot be cancelled • or modified without substantial loss to the owner or operator, to undertake a program ofactual construction ofthe 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 CHAPTER74:36:02
AMBIENT AIR QUALITY

Air quality goals. Ambient air quality standards. Methods ofsampling and analysis. Air qualitymonitoringnetwork. 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 ofairpollutants.


### Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:02, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:02:02, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective • January 5, 1995; 25 SDR 123, effective 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 equivalentmethod designated in accordance with40 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 by40 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 ofmonitoring 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 SDR209, effective June 13, 2006. General Authority: 

### SDCL 34A-l-6, 34A-l-15. Law Implemented: 

### SDCL 34A-l-15.
CHAPTER74:36:03 

# • AIRQUALITY EPISODES



### Section 74:36:03:01 Airpollution emergency episode. 74:36:03:02 Episode emergency contingencyplan.

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

### The proclamation of an air pollution emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.F.R. § 

### 51.151 and Appendix L to Part 51 (July I, 2005 July I, 

### 2009), if the accumulation of air 

# •

21pollutants in anyplace is attaining orhas attained levels which could, ifsuch levels are sustained • orexceeded, lead to a substantial threatto thehealth ofthepublic.
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. GeneralAuthority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.
74:36:03:02. Episode emergency contingency plan. The department shall develop an episode emergency contingency plan and maintain it following the requirements in 40 C.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.
CHAPTER74:36:04

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 OPERATINGPERMITS FORMINOR SOURCES

Applicability. 

### Pennit Minor source operating permitrequired. Minor source operating permit exemption. 

### OperatiHg pennit Emission unit exemptions. Minor source operatingpermit variance. Standard for issuance ofoperatingpermit. Timeperiod for operating permits and renewals. Timelyand complete application for operatingpermitrequired. Required contents ofcomplete application for operating permit. Applicant required to supplement or correct application. Permit application
-- Completenessreview. Timeperiod for department's recommendation. 

### DepartmeHt's reeoi:Tl.fl'leHaatioH oH operatiHg pennit. Repealed. Publicparticipationinpermittingprocess. Publicreview ofdepartment's draftpermit. Final permit decision
-- Notice to interestedpersons. Right to petition for contested case hearing. Contents ofoperatingpermit. Operating permit expiration.
2374:36:04:17 Renewal ofoperatingpermit. 74:36:04:18 Operatingpermitrevision. 74:36:04:19 Administrativepermit amendment. 74:36:04:20 Procedures for administrative permit amendments. 74:36:04:20.01 Minorpermit amendment required. 74:36:04:20.02 Requirements for minorpermit amendment. 74:36:04:20.03 Application for minorpermit amendment 74:36:04:20.04 Department deadline to approveminorpermit amendment. 74:36:04:21 Permitmodifications. 74:36:04:22 Source status change-- Newpermitrequired. 74:36:04:23 Reopening operatingpermit for cause. 74:36:04:24 Procedures to reopen operatingpermit. 74:36:04:25 and 74:36:04:26 Repealed. 74:36:04:27 revocation. 74:36:04:28 74:36:04:29 74:36:04:30 74:36:04:31 74:36:04:32 74:36:04:33 Operating permit termination, moaifieation revision, and
Notice ofoperating noncompliance-- Contents. Petition for contested case on alleged violation. Repealed. Circumvention ofemissions not allowed. General permits. Secretarymayrequire 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 operatingpermithas been issuedbytheboard orthe 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. GeneralAuthority: SDCL 34A-l-6, 34A-1-21. LawImplemented: 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 ofany criteria pollutant, except lead, before the application ofcontrol equipment; and (2) Any other source constructed for domestic purposes and not intended for use by an industry, manufacturer, orbusiness.
Source: General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
2574:36:04:03. OpeFatiBg peFmit Emission unit exemptions. The following soarees or emission units are exempt from obtaiaiag inclusion in a minor source operatingpermit 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, orNSRpreconstruction permit: (1) A faeility operatiag aa iaeiaerator or One ormore incinerators ofless than 100 pounds perhour combinedburning capacitythat combustmunicipal orhousehold waste; (2) A mobile internal combustion engine, including those in autos, trucks, tractors, airplanes, locomotives, andboats; (3) Laboratoryequipmentused exclusively for chemical orphysical analysis; (4) A ooit fuolea byRataral gas that is usea eKelusively for spaeeheatiag;**~** .(1) A unit that has a heat input capability ofnot more than 3,500,000 Btus per hour, except for units fueled with wood or coal; 

### 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, orpaving parking lots; and (7) t'\n eraergeaey eleetrieal geaoratorf!O'\Vorea bypetroleura proauets; (8) /•, faeility that has the poteatial to erait 25 teas orless peryear ofaayeriteriapollutaat, 011:eept leaa,before the applieatioa ofeoatrol eE[Hipraoat; (9) A ooit fueled bywaste 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 mustbe included in determining 

### ifwhether the source is aminor source;-arui 

### (11) ,'\By other SOH£66 60flStrueteEl for Elomestie PUifJOSes 

## ana fi:Ot iflt6fi:EleEl for use by an iRElustry, manufaetffi"er, orbusiRess.
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 mayrequest 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 airpollutants; (e) Other information required by any applicable requirements, including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height, diameter, and plume temperature, for all pollutants regulated at the source; (4) A copy ofanyprepared plans and the specifications ofany equipment or other facilities whichmay affectthe source, includingpollution control devices; (5) An abatement strategies plan, ifrequiredbychapter 74:36:03; (6) A signed and notarized certification ofapplicant form; (7) The results ofany air dispersion modelingrequiredbythe department; (8) The results ofany stackperformance testingrequiredbythe department; (9) Any other information requested by the department which is relevant to determining compliance with the act orthe Clean AirAct.
The application must be signed bythe responsible official or designated representative. An application for the renewal ofan operatingpermitmayreferto a previously submitted application ifthere are no operational changes.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:04.01, 34:10:01:06, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:09, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13

32

# •
•
• SDR 141, effective July 1, 1987; transferred from§ 74:26:01:09, 19 SDR 157, effective April22, 1993. GeneralAuthority: 

### 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 ofeachpermit applicationreceived, as follows: (1) Within 30 days after submission of an application for an initial operating permit, £! 

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

### GeneralAuthority: 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 ofan operating permit, a permit modification, or a renewal for an operating permit for a minor source within 90 days after the submission ofa 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 therequirements ofarticle 74:09.


### Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:08.01, 34:10:01:11, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:11, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:11, 19 SDR 157, effective April22, 1993. 

### GeneralAuthority: 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, afterreview ofa complete applicatioH for aH operatiHg permit or a reHewal ofaH 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. CeBenlAuiheFity: £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 ofthe draft permit once in a legal newspaper in the county where the source is located. The notice must include a brief statement describing the 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 ofthe notice; describe theprocedures a person must follow to contestthe draftpermit and request a hearing in accordance with article 74:09; and a statement describing where copies
35

### ofthe draft permit or other information may be obtained. The department shall provide to the interested parties a 30-daynotice ofanyhearing 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 applicablerequirements ofthis article or the requirements ofthe 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 ofthe end ofthepublic comment period on a draft permit. The department shall notify, inwriting, the applicant and eachperson that submitted written comments or requested notice of the final permit decision. The notice shall include reference to the procedures for contesting the final permit decision and requesting a hearing in accordance with article 74:09. For the purpose ofthis section, the final permit decision means proposing a ne•.v, modified, orrene•.ved permit, denying a permit, orterminating 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 ofthe final permit decision exceptunderthe following conditions: (1) A later effective date is specifiedinthe final permitdecision; (2) A contested case hearing is requested; or (3) No comments or request for changes in the draft permit were received during the public 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 ofthe 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, effectiveApril4, 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 ofeitherthe secretary orthe chairman; (2) The name ofthe person, company, political subdivision, agency, or institution granted a permit; (3) The typeofoperation; (4) The plant facility andmailing address; (5) The datethe operatingpermit was granted and on which itwill expire; (6) A numberfor administrativereference; (7) The name ofa designated person or officerresponsible for the source's operation; (8) A statement granting an operating permit by the board or secretary and any conditions that theboard or secretarymayimpose to ensure compliance with the act and the CleanAirAct; (9) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements ofthe act and the Clean AirAct; (10) Monitoring andrelatedrecordkeeping andreporting requirements; (11) A severability clause to ensure the continued validity of the various permit requirements ifanyportions ofthepermit 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 exclusiveprivilege; 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 orto 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. LawImplemented: 

### SDCL 34A-1-21, 34A-1-30.
74:36:04:16. Operating permit expiration. 

### Operating permit expiration terminates the source's right to operate under the minor source operating permit unless a timely and complete renewal application has been submitted to the department.

39Source: 

### 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 operatingpermit 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 maybe 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, minorpermit amendment, orpermitmodification.
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. GeneralAuthority: 

### 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 bythe secretary. A source may request a minor permit amendment under §§ 

### 74:36:04:20.02 to 74:36:04:20.04, inclusive, for a change that does not constitute a modification and is not prohibited under any applicable requirement underTitle I ofthe Clean AirAct.
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 afterreceipt ofa complete application for the amendment: (1) Issue theminorpermit amendment as proposed; (2) Denythe minorpermit amendment application; or (3) Determine thatthe requested minorpermit amendment should beprocessed 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 minorpermit 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 ofthe operatingpermit orthe department determines that the operatingpermitmustberevised to asffiife ensure compliance with the applicable requirements ofthis article and the Clean AirAct.
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 ofthis article or nonpayment of any outstanding enforcement penalty.
Source: 

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

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

### SDCL 34A-1-21.
74:36:04:32. General permits. 

### The secretary may issue a general permit to a category of airpollution sources thatmeets the following: (1) Involve the same or substantially similartypes ofoperations; (2) Require the same or similar type ofair emission limits; and (3) Require the same or similarrecordkeeping and monitoring.
If a general permit has been issued by the secretary, all sources covered by the general permit shall apply for permission to operate under the general permit. Such sources may not be
43

### constructed or operate until they are granted coverage under the general permit, or until they • obtain an individualpermitifrequiredbythe secretary.
Source: 

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

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

### SDCL 34A-l-56.
Note: 

### The procedural requirements for obtaining a general permit under this chapter are similar to the procedural requirements for a minor source, such as a timely and complete application, completeness review, public participation, and departmental recommendation, as 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 CHAPTER74:36:05
OPERATING PERMITS FORPART 70 SOURCES



### Applicability. Permit Part 70 operatingpermitrequired. Sources required to obtain a Part 70 operatingpermit. 44 

# •
•

# •
•
• 74:36:05:03.01 P8D or

### N8R preeoRstruetioR permit**re~ireEl.** 

### Repealed. 74:36:05:04 Sources exempt from obtaining aPart 70 operatingpermit. 74:36:05:04.01 Insignificant activities. 74:36:05:05 Transferred. 74:36:05:06 Standard for issuance ofa Part 70 operatingpermit. 74:36:05:06.01 Fees required for operatingpermit. 74:36:05:07 Time period for operatingpermits and renewals. 74:36:05:08 Timely and complete application for operatingpermitrequired. 74:36:05:09 Complete application. 74:36:05:10 and 74:36:05:11 Transferred. 74:36:05:12 Required contents ofcomplete application. 74:36:05:13 74:36:05:14 74:36:05:15 74:36:05:16 74:36:05:16.01 74:36:05:17 74:36:05:18 74:36:05:19 74:36:05:20 74:36:05:20.01 74:36:05:20.02 74:36:05:20.03 Applicantrequired to supplement or correct application. Repealed. Deadline for final action onpermit application. Statement ofbasis for recommended permit conditions. Operatingpermitrequirements. Public participation inpermittingprocess. Public and affected state review ofdraft permit. Transferred. Repealed. Final permit decision
-- Notice to interested persons. Petitions for contested casehearing. EPA review ofPart 70 operatingpermit.
4574:36:05:21 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 EPAobjection to issuance ofoperatingpermit. Departmentresponse to EPA objection. Department failure to meetEPAobjection deadline. Publicpetition to EPA onthe final permit. Repealed. Transferred. Permit expiration. Permitrenewal. Permitflexibility. Permit amendment
-- Application required. Administrative permit amendmentrequired. Procedure for administrativepermit amendments. Minorpermit amendment required. Requirements for minorpermit amendments. Application for minorpermit amendment. Notification ofEPA and affected states required. Department deadlineto approve minorpermit amendment. Permit modifications. Reopening operatingpermit for cause. Proceduresto reopenpermit. Reopeningpermitfor causebyEPA. EPAreview ofproposed determination. Departmentfailure to submitproposed determination. 

# •
•
•
46

# •
•
• Repealed. 74:36:05:45 74:36:05:46 Permit termination, modification, revocation, and reissuance by
74:36:05:47 74:36:05:47.01 74:36:05:48 74:36:05:49 74:36:05:50 74:36:05:51 74:36:05:52 department. Notice ofoperatingnoncompliance-- Contents. Circumvention ofemissions not allowed. Petition for contested case on alleged violation. Repealed. Federal enforceability ofpermit conditions. Generalpermits. Secretarymayrequire an individual permit.

74:36:05:01. Applicability. The requirements ofthis chapter apply to all Part 70 sources reEJ:mred to obtain a Part 70 operatingpermit.
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-l-21. LawImplemented: 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 likelyto cause the emission ofair pollutants into the ambient air or any equipment which prevents or controls the emissionofair pollutants 47

### into the ambient air until the applieable preeoostruetieB a construction permit, PSD • preconstruction permit. NSR preconstructionpermit, or Part 70 operating permithas beenissued bytheboard orthe secretary.
Source: 

### 19 SDR 157, effective April 22, 1993; second paragraph transferred from § 74:36:05:05, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 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; Timelyand complete application for operatingpermitrequired,§ 74:36:05:08.
74:36:05:03. Sources required to obtain a Part 70 operating permit. 

### Sources required to obtain a Part 70 operatingpermit include the following: (1) Anymajor source; (2) Any source, including an area source, subject to a standard or regulation promulgated under§ 111 ofthe Clean AirAct unless otherwise specified in§ 74:36:07; (3) Any source, including an area source, subject to a standard or regulation promulgated under § 112 ofthe Clean Air Act, except for a source that is solely subject to the regulations or requirements of§ 112(r) orunless otherwise specified in § 74:36:08; (4) Anyaffected source subject to Title IV ofthe Clean Air Act; and

48 

# •
•

# • (5) Any source in a source category designated by the administrator ofthe EPA through the Clean AirAct pursuant to Title V ofthe Clean AirAct.


### 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 ofthe 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 February9, 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 Part70 operatingpermit: (1) All sources that are not included in§ 74:36:05:03; 49

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

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

### 2009) are exempt from the obligation to obtain a Part 70 operating permit ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 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 ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.P.R. § 

### 61.145 (July 1, 

### 2009). Exempted sources must still meet the applicablerequirements in 40 C.P.R. § 

### 61.145 (July 1, 2009).

Source: 

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

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

### SDCL 34A-1-12, 34A-1-21.
74:36:05:04.01. Insignificant activities. 

### The following emission units are considered insignificant activities and are exempt from inclusion in a Part 70 operating permit unless the source has requested federally-enforceable permit conditions related to the insignificant activity to avoid needing a PSD preconstructionpermit orNSR preconstructionpermit: (1) One or more incinerators ofless than 100 pounds per hour combined burning capacity that combustmunicipal orhousehold waste;
50 

# •
•

# • (2) A mobile internal combustion engine, including engines in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipmentused exclusively for chemical orphysical analysis; (4) A Ele¥iee er apflara-hls unit that has a heat input capability ofnot more than 3,500,000 Btus perhour, except for units fueled with wood or coal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, orpavingparking lots; (7) A unit that has the potential to emit two tons or less per year ofany criteria pollutant before the application ofcontrol equipment. A unit may Ret be eeRsiElereEl iRsigHifieant ifa state • er federa-l limit is aiJIJlieaele te the unit. However, the criteria pollutant emissions from the unit must be included indetermining 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 ifwhether the source is a major er miRer source. A unit eaR may not be considered insignificant ifa 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 oforto impose an applicablerequirement.

51Source: 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 ofa Part 70 operating permit. A Part 70 operating permit for a new source orpermit 

### moElifieatioR revision maybe issued only ifithas been shown that the operation ofthe new source or permit 

### moElifieatioR revision will not prevent or interfere with the attainment or maintenance ofan 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 ofthe act and the Clean Air Act. A Part 70 operating permit must include reasonable conditions, including adherence to plans and specifications, to assure compliance with the act, the Clean Air Act, and any other conditionsjustifiedunder SDCL 34A-1-19.
Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:12, 19 SDR 157, effective 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. GeneralAuthority: 

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

### SDCL 34A-1-19, 34A-1-21.
74:36:05:06.01. Fees required for operating permit. 

### The applicant for aft 

### a Part 70 operating permit 

### feF and the owner or operator ofa 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 ofthe Clean Air Act shall be for a fixed term of five years. Operating permits for all Part 70 sources shall be issued for a period up to five years, and all subsequent operating permits shall be for a period offive years. A permit issued for a solid waste incinerator subject to the requirements of§ 129(e) ofthe Clean AirAct shall be for a period not to exceed 12 years and shall bereviewed bythe department everyfive years.
Source: 

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

# • transferred from§ 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July
531, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:32, 19 SDR 157, • 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 operatingpermitmust submit a timely and complete application. An application is timely ifit meets the time limits specified in this section. An application is complete if it meets the requirements in §§ 74:36:05:12 and 74:36:05:13. Thetime 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 ofthis seetioB, begiooiBg aetual eoBstnietioB ffleatJ:s the iBitiatioB of physieal, OBSite 60BStnietioB, reeOBStnietiOB, Or fflOaifieatiOB aetivities OB a ooit OF ehatJ:ge iB fflethoa ofoperatioB that are ofpOffflaBeBt Batl:H'e within 12 months after commencingoperation; (2) A Part 70 source applying for a permit modification shall submit a complete application to the department within 12 months after commencing operation ofthe emission units involved with themodification; f2) Q} A Part 70 source applying for renewal of an operating permit must submit a complete application six months before the date ofpermit expiration. Ifa source submits a timely and complete application for renewal ofa permit, the terms and conditions ofthe existing permit
54 

# •
•

### • remain in effect until the renewal pennithasbeenissued or denied. Thisright to operatepending action on an application is extinguished ifthe 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) ofthe Clean Air Act or te 

### have a PSD preconstruction permit or NSR preconstruction permit l:ffiGer the preeoRstmetioR review progranl: \iRaer part CorD ofTitle 

### I ofthe 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. Ifan 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, orNSR 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 byJanuary 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 ofthe effective date ofEPA's approval ofthe state's § 111(d) plan required in the Clean AirAct.
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. 55Law 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 ofthe source orpermitmodification.
74:36:05:09. Complete application. The department shall determine completeness ofan application for a an initial Part 70 operating permit, permit modification, orrenewal ofa Part 70 operating permit within 60 days after its receipt and shall notify the applicant in writing ofits determination. Ifthe department does not notify the applicant that the application is incomplete within 60 days after receipt of the application, the applicant may consider the application complete. At any time during the processing ofthe application, the department may request, in writing, additional information necessaryto evaluate ortake final action onthe application.
If the application is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to complete the application. The applicant has aR additional 20 working days after receipt ofan incomplete notification orrequest for additional information to submit the reElliested information, unless an extension beyond the 20 working days is approved bythe department. The department shall determine the adequacy of the applicant's response to each incomplete item within 20 days after receipt ofthe response and shall notifythe applicant in writing ifthe application is oris not complete.

56 

# •
•
•

# •
•
• Once a designated representative submits a timely and complete acid rain permit application, the owners or operators ofthe affected source and the affected units covered bythe pennit application are considered in compliance with the requirement to have an acid rain pennit until the final pennit is issued, 

### J9revieee that 

## ifanyrequested additional infonnation is submitted during thepermittingprocess.
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 ofcomplete application. An applicant for an operating pennit for a Part 70 source or pennit modification must submit the following infonnation for the application to beconsidered complete: (1) General company infonnation, including the company name and address or the plant name and address ifdifferent from the companyname, the owner's name and agent, and the plant site manager orcontact; (2) A plant description in terms ofthe processes and products identified by the Standard Industrial Classification Code, 1987, including any associated with each alternate scenario identifiedbythe source; (3) The following information on emissions:

57(a) All emissions of pollutants for which the source is major and all emissions of • regulated air pollutants. The applicant must describe all emissions ofregulated air pollutants emitted from any emissions unit, except when suchunits are exempt; (b) Identification and description ofall emissionpeffits units described in subsection (a) of this subdivision in sufficient detail to establish the basis for fees and the applicability of requirements ofthe Clean AirAct; (c) Emissions rates in total tons per year and in any other terms necessary to establish compliance consistent with the applicable standard reference testmethod; (d) Fuels, fuel use, rawmaterials, productionrates, and operating schedules; (e) Identification and description of air pollution control equipment and compliance monitoring devices or activities; (f) Limits on source operation affecting emissions or any work practice standards, as • applicable for all regulated airpollutants; (g) For all pollutants regulated at the source, other information required by any applicable requirements including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height diameter, andplumetemperature; and (h) Calculations onwhich the items inthis subdivision are based; (4) One copy of any prepared plans and the specifications of any equipment or other facilities thatmay affectthe source, includingpollution control devices; (5) An abatement strategies plan, ifrequiredbychapter 74:36:03; (6) A signed and notarized certification ofapplicant form, as providedbythe department; 

# •

58

# •
•
• (7) The results ofany air dispersion modeling or stack performance testing required bythe department; (8) Citation and description of all applicable air pollution control emission limit requirements; (9) A review of fugitive emissions included in the same manner as stack emissions, whether or not the source is included in the list ofsources contained in the definition ofmajor source; (10) A description of or reference to any applicable test method for determining compliance with each applicable requirement; (11) Any additional information that may be necessary to implement and enforce other requirements ofthe Clean AirAct orto determine the applicability ofsuch requirements; (12) An explanation ofany proposed exemptions from otherwise applicable requirements; (13) The use of standardized forms for acid rain portions of permit applications and complianceplans; (14) Information necessary to define reasonably anticipated alternative operating scenarios, to define permit terms and conditions pursuant to § 

### 74:36:05:30, or to implement a federally enforceable emission cap; (15) A compliance plan that contains all ofthe following and is at least as stringent as that contained in anyjudicial consent decree or administrative orderto which the source is subject: (a) A description ofthe compliance status ofthe source for all applicable requirements, including applicable requirements that will become effective during the term ofthe permit; (b) 

### A description ofthe requirements for which the source is not in compliance at the time ofpermit issuance and a narrative description and a compliance schedule ofhow the source 59will achieve compliance with such requirements. The compliance schedule must include a • statement thatprogress reports willbe submitted at least once every six months; and (c) A statement thatthe source will continue to demonstrate compliance with applicable requirements; (16) A certification ofcompliance by a responsible official that addresses all air pollution control requirements applicable to the source. A certification of compliance for an affected source subject to Title IV and chapter 74:36:16 must be submitted by the designated representative. This certification must be consistent with any applicable enhanced monitoring and compliance certification requirement ofthe Clean AirAct andmustinclude: (a) A statement indicating methods used to determine compliance, including monitoring, recordkeeping and reportingrequirements, and testmethods; (b) A statement that compliance certifications will be submitted at least annually or at • other designatedtimes for the duration ofthepermitto the department; (c) A statementthat the source is in compliance with all applicablerequirements; (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 ofthe Clean Air Act; (17) A certification by a responsible official ofthe truth, accuracy, and completeness of any application form, report, or compliance certification submitted to the department. This certification and any other required certification must state that, based on information and belief 

# •
60

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


# •
• (18) Any other information requested bythe department after submission ofan application for a permit to operate a Part 70 source which is relevant to determine compliance ofthe source withthe CleanAirAct.
An application for a renewal of an operating permit for a Part 70 source may refer to previously 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 ofManagement and Budget. Copies maybe obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no PB 87- 100012. Cost: $31.
74:36:05:16.01. Operating permit requirements. 

### Each permit issued for the operation of a Part 70 source must contain: (1) The name ofthe person, company, political subdivision, agency, or institution granted apermit;
61(2) Thetype ofoperation; 

# • (3) Thej3laffi facility and mailing address; (4) The date the operatingpermit was granted and on which itwill expire; (5) A number for administrative reference; (6) A The name ofa designatedperson or officer responsible for the source's operation; (7) A statement granting an operating permitbythe board or secretarv and any conditions thattheboard or secretarymayimpose to ensure compliance withthe 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 ofthe act and the Clean AirAct and including the following: (a) Thereference ofauthority for each term or condition; (b) The applicable requirements from the Clean Air Act and from Title 

### N requirements • ofthe Clean Air Act, reviewing both requirements and distinguishing which is more stringent and incorporatingbothinto the permit; and (c) Ifan alternative emission limit is approved in the state implementation plan (SIP), provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit modification process has been demonstrated to be equivalent to the applicable emission limit in the state implementation plan and is quantifiable, accountable, enforceable, and based on replicable procedures; (9) Monitoring and related recordkeeping and reportingrequirements, consisting ofat least the following: 

# •
62

# • (a) All emissions monitoring and analysis procedures, alternative approved methods or test methods required under the applicable requirements, including procedures and methods in § 504(b) or 114(a)(3) ofthe Clean AirAct; (b) 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 consistentwiththe applicablerequirement; (c) As necessary, documentation of the use, maintenance, and if appropriate, installation ofmonitoring equipment ormethods; (d) Documentation ofthe following: 

# • (i) The date, place as defined in the permit, and time of sampling or measurements; (ii) The date ordates analyses wereperformed; (iii) The companyorentitythat performed the analyses; (iv) The analytical techniques ormethods used; (v) Theresults ofsuch 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 ofreports ofanyrequired monitoring must occur at least every six months. Reports must clearly identify all deviations from permitrequirements and conditions. • All required reports mustbe certifiedbya 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 ofmonitoring records and all supporting documentation for at least five years from the date of the monitoring sample, measurement, report, or application; and (10) If applicable, a condition prohibiting emissions exceeding any allowances that the source lawfully holds, exceedances of applicable emission rates, and the use of any allowance priorto the year for which itwas allocated underthe Title IV program ofthe CleanAir Act; (11) A severability clause asserting the continued validity ofpermit requirements if any portions ofthepermit 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 necessaryto cease orreduce the permitted activityinorderto maintain compliance; (c) Thepermitmaybemodified, 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 ofplanned changes oranticipated noncompliance does not stay anypermit condition; 64 

# •
•
•

# •

• (d) The permit does not convey property rights ofany 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, orterminatingthepermit orto determine compliance; (13) Terms and conditions for reasonably anticipated operating scenarios identified bythe source in its application and approved bythe department. The terms and conditions must require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record ofthe scenario under which it is operating and must ensure that the terms and conditions ofeach such alternative scenario meet all requirements ofthe Clean AirAct; (14) Compliance requirements that containthe 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 ofpermit issuance to the department and EPA; (b) 

### Inspection and entryrequirements 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 bekept under the conditions ofthe permit;

65

### (2) Have access to and copy, at reasonable times, any records that must be kept • under the conditions ofthepermit; (3) Inspect at reasonable times any facilities, equipment, practices, or operations regulated orrequired under thepermit; and (4) As authorized by the Clean Air Act, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements; (c) A compliance plan in accordance with subdivision 74:36:05:12(15), including progress reports on noncompliance indicating the dates that compliance will be achieved or the dates that compliance was achieved as referred to in a schedule ofcompliance. The report must state an explanation for not attaining dates of compliance and must be submitted to the department semiannuallyormore frequently as required bythe 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 anyrequired fees; (16) A condition stating that no permit revisions are required for increases in emissions allowed through emissions trading to the extent that such trades are authorized by the applicable requirements ofthe Clean AirAct; (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 withthe requirements in40 C.F.R. Part 70.6(g) (July 1, 2QQ5 July 1, 2009); and (19) All applicable requirements ofthe 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 briefstatement describing the faeility source, including the name and address ofthe permittee; (2) The activity or activities involved in thepermit action; (3) The emissions change involved in anypermitmodification; (4) The department's recommendation and the reasons for it; (5) A statement that a person may submit comments or contest the draft permit within 30 days after publication ofthe notice. The statement shall also describe the procedures a person

67must follow to contest the draft permit and request a hearing in accordance with article 74:09; • and (6) A statement describing where copies ofthe draft permit or other information 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 mustbe inwriting and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are notbased on applicable requirements ofthis article or therequirements ofthe 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 ofthe end ofthe public comment period on a draft permit. The department shall notify, in writing, the applicant and each person or affected state that submitted written comments or requested notice ofthe final permit decision. The notice shall include reference to the procedures for contesting the final permit decision and requesting a • hearing in accordance with article 74:09. Forthe purpose ofthis section, the final permit decision means proposing a Rew, modified, orreRe·.ved permit, denying a permit, orterminating a permit.


# • The proposed Rew, modified, or reRewed Part 70 operating permit will must be submitted to EPA within 30 days ofnotifying the applicant and each person or affected state that submitted written comments or requested notification of the final permit decision except under the following conditions: (1) A later effective date is specified inthe final permit decision; (2) A contested casehearing 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 automaticallybecomes the final permit decision and theproposed Part 70 operatingpermit is submitted to EPA.
Source: 

### 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 125, effective February9, 1994; 25 SDR 123, effective 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 ofPart 70 operating permit. 

### The department shall submit to EPA a copy ofeach 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 ofthepermit 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 

# •

# • LawImplemented: 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 orjustify its position on the proposed Part 70 operating permit to EPA Ifthe department decides to revise the proposed Part 70 operating permit, it shall paelish a paelie notiee as 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, minorpermit amendment, orpermit modification, as applicable.
Ifthe EPA concurs with the revised proposed Part 70 operating permit orthe department's • justification, the department shall issue a final permit and submit itto the EPA Ifthe EPA does not concur, the EPAis responsible for issuingthe final permit.


# • Source: 20 SDR 125, adopted February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. 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.

71Source: 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 ifthe change is not a modification under any provision ofTitle 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 ofthe proposed changes. The source, the BPA, and the department shall attach each such notice to its copyofthe relevantpermit.
Permitted sources maymake changes which that do notviolate any applicable requirements or contravene federally enforceable permit terms and conditions, such as monitoring, including test methodst, recordkeepingt,reportingt. or compliance certificationrequirements. Foreach such change, the written notice must include a brief description ofthe change within the permitted facility, the date on which the change will occur, anychange in emissions, and anypermitterm or conditionthat is no longer applicable as a result ofthe change

72 

# •
•
•

### • Ifa 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. Thepermit applicant must include inits 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 ofthe permit. 

# • Source: 

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

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

### SDCL 34A-1-12, 34A-I-21.
74:36:05:31. Permit amendment -- Application required. 

### An amendment to a pennit canbe applied for at any timebythe applieant's submittal ofan 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, orpermitmodification. 

# •

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 maybe issued for a revision to a permit meeting the requirements of§ 74:36:01:03. An application for an administrative permit amendment shall contain a description ofthe change and documentation supporting the applicant's claim the revision qualifies as an administrative permit amendment.


### Source: 19 SDR 157, effective April22, 1993; 23 SDR 106, effective 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 ofEPA's 45-dayreview period, whicheveris later: (1) Issue the minorpermit amendment as proposed; 74 

# •
•
•

# •
•
• (2) Denytheminorpermit amendment application; (3) Determine that the requested minorpermit 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 minorpermit 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 minorpermit amendment seven days after submitting a complete application.


### Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January5, 1995. 

### GeneralAuthority: 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 ofthe permit for which cause to reopen exists. The department shall follow the procedural requirements for initial permit issuance and shall notify the source subjeet 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, orrevocation and reissuance.
Source: 

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

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

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

### Department failure to submit aproposed determination within the 90-dayperiod in§ 74:36:05:42 or failure to resolve the objection in § 74:36:05:43 will result in termination, 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 hearingbyEPA 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 ofthe Clean Air Act or this article or for nonpayment ofa fee. Invalidation ofthe acid rain portion of an operating permit does not affect the continuing validity of the rest of the operating permit, nor does invalidation of any other portion ofthe operating permit affect the continuingvalidity ofthe acid rain portion ofthepermit.


### 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 thatmeets the following: (1) Involve the same or substantially similartypes ofoperations; (2) Require the same or similartype ofair emission limits; and (3) Require the same or similarrecordkeeping and monitoring.
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 ifrequiredbythe 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 ofperformance for fossil fuel-fired steam generators. Standards ofperformance 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 ofperformance for incinerators. 74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators constructed on orbefore June 20, 1996. 74:36:07:06.02 Standards ofperformance for hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. 74:36:07:07 Standards ofperformance for municipal waste combustors. 74:36:07:07.01 Standards ofperformance for municipal combustors constructed after September 20, 1994. 74:36:07:08 74:36:07:09 74:36:07:10 74:36:07:11 74:36:07:12
74:36:07:13
74:36:07:14 Ash disposal requirements. Standards ofperformance for portland cementplants. Standards ofperformance for asphalt concrete plants. Repealed. Standards ofperformance for storage vessels ofpetroleum liquids constructed after June 11, 1973, and before May 19, 1978. Standards ofperformance for storage vessels ofpetroleum liquids constructed after May 18, 1978, andbefore July 24, 1984. Standards ofperformance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July23, 1984.
7974:36:07:15 74:36:07:16 74:36:07:17 74:36:07:18 74:36:07:19 74:36:07:20 74:36:07:21
74:36:07:22 Standards ofperformance for sewage treatmentplants. Standards ofperformance for coal preparation plants. Standards ofperformance for grain elevators. Standards ofperformance for stationarygas turbines. Standards ofperformance for lime manufacturingplants. Standards ofperformance for metallic mineral processingplants. Standards ofperformance for pressure-sensitive tape and label surface coating operations. Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicals manufacturing industry. 74:36:07:22.01 Standards ofperformance for equipment leaks ofVOC in the synthetic organic

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 afterNovember 7, 2006. Standards ofperformance for bulk gasoline terminals. Standards ofperformance for new residential wood heaters. Standards ofperformance for petroleum dry cleaners. Standards ofperformance for VOC emissions from synthetic organic chemical manufacturingindustry (SOCMI) distillation operations. Standards ofperformance for nonmetallic mineral processingplants. Standards ofperformance for magnetic tape coating facilities. Operating requirements for wire reclamation furnaces. Monitoring requirements for wirereclamation furnaces.

80 

# •
•
•

# •
•
• 74:36:07:31
74:36:07:32

74:36:07:33 74:36:07:34 74:36:07:35 74:36:07:36 74:36:07:37 74:36:07:38 74:36:07:39
74:36:07:40 74:36:07:41 74:36:07:42 Standards of performance for graphic arts industry
-- Publication rotogravure printing. Standards of performance for volatile organic compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. Standards ofperformance for calciners and dryers in mineral industries. Existingmunicipal solid waste landfill. Plan submittalbyexistingmunicipal 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. Existingmunicipal solid waste landfill complianceprovisions. Existingmunicipal solid waste landfill monitoringprovisions. Existingmunicipal 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 ofperformance for new municipal solid waste landfills. Standards ofperformance for nitric acid plants. Standards ofperformance for sulfuric acid plants. Standards ofperformance for petroleumrefineries. 74:36:07:46.01 Standards of performance for petroleum refineries for which construction, reconstruction, ormodification commenced after May 14, 2007.
8174:36:07:47 74:36:07:48 74:36:07:49
74:36:07:50

74:36:07:51 74:36:07:52 74:36:07:53 74:36:07:54 74:36:07:55 74:36:07:56 74:36:07:57 74:36:07:58 74:36:07:59 74:36:07:60 74:36:07:61
74:36:07:62 74:36:07:63 74:36:07:64 74:36:07:65 Standards ofperformance for secondarylead smelters. Standards ofperformance for secondarybrass and bronze productionplants. Standards of performance for primary emissions from basic oxygen process furnaces for which construction commenced after June 11, 1973. Standards ofperformance for secondary emissions from basic oxygen process steelmaking facilities for which construction commenced after January 20, 1983. Standards ofperformance for primary copper smelter. Standards ofperformance for primaryzinc smelter. Standards ofperformance for primarylead smelter. Standards ofperformance for primary aluminum reductionplant. Standards ofperformance for wet-process phosphoric acid plant. Standards ofperformance for superphosphoric acid plant. Standards ofperformance for diammonium phosphateplant. Standards ofperformance for triple superphosphateplant. Standards ofperformance for granulartriple superphosphate storage facility. Standards ofperformance for ferroalloy production plant. Standards of performance for electric arc furnaces and argon-oxygen decarburization vessels constructed after August 17, 1983. Standards ofperformance for kraftpulp mills. Standards ofperformance for glass manufacturingplant. Standards ofperformance for surface coating ofmetal furniture. Standards ofperformance for lead-acidbatterymanufacturingplant. 82 

# •
•
•

# •
•
• 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 ofperformance for automobile and light duty truck surface coating operations. Standards ofperformance for phosphate rockplants. Standards ofperformance for ammonium sulfate manufacture. Standards ofperformance for industrial surface coating
-- Large appliances. Standards ofperformance for metal coil surface coating. Standards of performance for asphalt processing and asphalt roofing manufacture. Standards ofperformance for beverage can surface coating industry. Standards ofperformance for rubber tire manufacturing industry. Standards of performance for volatile organic compound emrsswns from polymermanufacturing industry. Standards ofperformance for flexible vinyl and urethane coating and printing. Standards ofperformance for equipment leaks ofVOC inpetroleum refineries. 74:36:07:76.01 Standards ofperformance for equipment leaks ofVOCinpetroleum refineries. 74:36:07:77 74:36:07:78
74:36:07:79
74:36:07:80 74:36:07:81 Standards ofperformance for synthetic fiber production facility. Standards ofperformance for VOC emissions from synthetic organic chemical manufacturing industry air oxidation unit process. Standards ofperformance for equipment leaks ofVOC from onshore natural gas processingplant. Standards ofperformance for onshore natural gas processing. Standards ofperformance for wool fiberglass insulation manufacturingplant.

8374:36:07:82
74:36:07:83
74:36:07:84 74:36:07:85

74:36:07:86

74:36:07:87

74:36:07:88
74:36:07:89 74:36:07:90 Standards of performance for VOC emissions from petroleum refinery wastewater system. Standards of performance for industrial surface coating
-- Surface coating of plastic parts for business machines. Standards ofperformance for polymeric coating ofsupporting substrates facility. Standards ofperformance for small municipal waste combustion units for which construction commenced after August 30, 1999, or modification or reconstruction commenced after June 6, 2001. Standards ofperformance for commercial and industrial solid waste incineration units for which construction commenced after November 30, 1999, or modification orreconstruction commenced on or afterJune 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 ofperformance for stationarycombustion 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 cannotbe delegated to the state, in which case


# •
• "administrator" means both the administrator of the Environmental Protection Agency and the secretary ofthe 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 ofperformance 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 SDR217, effective June 13,2007.
85GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:03. Standards of performance for electric utility steam generators. The standards ofperformance for electric utility steam generators are those in 40 C.F.R. §§ 60.40Da to 60.49Da, inclusive, (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 SDR217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:04. Standards ofperformance for industrial, commercial, and institutional steam generating units. The standards of performance for industrial, commercial, and institutional steam generating units are those in 40 C.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 SDR217, effective June 13, 2007. 

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

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


### 74:36:07:05. Standards of performance for small industrial, commercial, and institutional steam generating units. The standards of performance for small industrial, commercial, and institutional steam generating units are those in 40 C.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, ifthe 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 SDR217, effective June 13, 2007. 

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

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

8774:36:07:06. Standards ofperformance for incinerators. The standards ofperformance • for incinerators are thosein40 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. GeneralAuthority: 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 ofa hospital/medical/infectious waste incinerator constructed on or before June 20, 1996, that decides to cease operation shall notify the department within six months of EPA's approval 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 ofa hospital/medical/infectious waste incinerator constructed on or before June 20, 1996, that decides to complywith the requirements ofthis section shall submit a complianceplanwithin six months ofstate plan approval that meets the following deadlines: (1) Submit a Part 70 operating permit application and design drawings ofthe air pollution control deviceto the department within one year ofstate plan approval; (2) Submit a copy of the purchase order or other documentation indicating an order has been placed for the major components ofthe air pollution control device within 15 months of stateplan approval; (3) Begin initiation of site preparation for installation ofthe air pollution control device within 2 years after state plan approval; (4) Complete installation ofthe air pollution control device within 30 months after state plan approval; and (5) Conduct a performance test within 33 months after 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

89the 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 in40 C.F.R. §§ 60.50cto 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 ofperformance 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 January2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR217, effective June 13,2007. 

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

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


### 74:36:07:07.01. 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 orreconstructed 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.

9174:36:07:09. Standards ofperformance for portland cement plants. The standards of • performance for portland cement plants are those in40 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. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:10. Standards ofperformance 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 ofperformance for storage vessels ofpetroleum liquids constructed after June 11, 1973, and before May 19, 1978, are those in40 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 ifthe unit is not required to install controls and ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.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. 

### GeneralAuthority: 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 ofperformance for storage vessels ofpetroleum 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 ifthe unit is not required to install controls and ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.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. GeneralAuthority: 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 ifthe unit is not required to install controls and if the source is notrequired to obtain a Part 70 operatingpermit for a reason other than the source is


# •
• subject to 40 C.F.R. §§ 60.11Ob 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, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:15. Standards ofperformance 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 ofperformance 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 ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.P.R. §§ 60.300 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 SDR209, effective June 13, 2006; 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:18. Standards ofperformance 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 December29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:19. Standards ofperformance for lime manufacturing plants. The standards of performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, inclusive, (July 1, 2006 July 1, 2009).
97Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:20. Standards of performance for metallic mineral processing plants. The standards ofperformance for metallic mineral processing plants are those in 40 C.P.R. §§ 60.380 to 60.386, inclusive, (Jaly 1, 200€iJuly 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 ofperformance for pressure-sensitive tape and label surface coating operations. The standards ofperformance for pressure-sensitive tape and label surface coating operations are those in 40 C.P.R. §§ 60.440 to 60.447, inclusive, (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. LawImplemented: SDCL 34A-1-18. 74:36:07:22. Standards ofperformance for equipment leaks ofVOC in the synthetic organic chemicals manufacturing industry. The standards ofperformance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.P.R. §§ 60.480 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. 9974:36:07:22.01. Standards of performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry for which construction, reconstruction, or modification commenced after November 7, 2006. The standards of performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing 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: GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of performance for bulk gasoline terminals are those in 40 C.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 SDR217, effective June 13, 2007. GeneralAuthority: 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 ofperformance 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 ofperformance 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 applicablerequirements in40 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 SDR209, 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 ofperformance 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 ofperformance 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 SDR209, 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 ofperformance 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: 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 ofperformance 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 

# •
•

### • 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. 

### LawImplemented: 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, orhas additional • design capacity available for future waste deposition; (2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubicmeters. The landfill maycalculate design capacity eitherinmegagrams orcubic meters. Density conversions mustbe documented and submitted with the report; and (3) The landfill has a nonmethane organic compound emissionrate of50 megagrams a year or more. The calculation ofthe landfill nonmethane organic compound emission rate must meet the requirements of40 C.P.R. § 60.754 (July 1, 2006 July 1, 2009), to determine the landfill nonmethane organic compound emissionrate. 

# •

105Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; • 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:36. Collection system. The department shall approve the collection and control system plan ifit is equivalent to ormeets 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. GeneralAuthority: 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 ormeets one ofthe 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 

# •

# •
•
• (2) A control system designed and operated to reduce nonmethane organic compounds by 98 percentbyweight; or (3) An enclosed combustor designed and operated to either reduce nonmethane organic compounds by 98 percent by weight or the outlet nonmethane organic compound concentration to 20 parts permillion as hexanebyvolume, drybasis at three percent oxygen, orless.
Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:39. 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 in40 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.
107General 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 ofan existing municipal solid waste landfill that meets the requirements of§ 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in40 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 ofthe effective date ofEPA's approval ofthe state's § 111(d) planrequired 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. 

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

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


### 74:36:07:43. Standards ofperformance for new municipal solid waste landfills. The standards of performance for municipal solid waste landfills that commenced construction, reconstruction, or modification on or after May 29, 1991, are those in 40 C.F.R. §§ 

### 60.751 to 60.759, inclusive, (July 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, ormodification for purposes ofthis section.


### Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

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

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

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. 

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

### Law Implemented: SDCL 34A-1-18. 11174:36:07:46.01. Standards of performance for petroleum ref"meries for which construction, reconstruction, or modification commenced after May 14, 2007. The standards ofperformance for petroleum refineries for which construction, reconstruction, or modification commenced after May 14, 2007, are those in40 C.F.R. § 60, Subpart Ja, (July 1, 2009). Source: GeneralAuthority: 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. GeneralAuthority: 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 ofperformance for secondarybrass 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. GeneralAuthority: SDCL 34A-1-6.
112 

# •
•
•

# •
•
• 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. 

### GeneralAuthority: 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 ofperformance for basic oxygen process steelmaking facilities are those in 40 

### C.F.R. §§ 60.140ato 60.145a, inclusive, (July 1, 2009 July l, 2009).


### Source: 33 

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

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

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


### 74:36:07:51. Standards ofperformance 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 SDR217, 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 SDR217, 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 SDR217, effective June 13,2007. 

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

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

114 

# •
•
•

# •
•
• 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€iJuly 1, 2009).
Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The standards of performance for wet-process phosphoric acid plants are those in 40 C.P.R. § § 

### 60.200 to 60.204, inclusive, (July 1, 200€iJuly 1, 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:56. Standards ofperformancefor 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€iJuly 1, 

### 2009).
Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
115

# • 74:36:07:57. Standards of performance for diammonium phosphate plant. 

### The standards ofperformance for diammonium phosphate plants are those in 40 C.P.R. §§ 60.220 

### to 60.224, 

### inclusive, (Ju-ly 1, 2006 

### July 1, 2009).
Source: 33 SDR217, 

### effective June 13, 2007. General Authority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:07:58. Standards of performance for triple superphosphate plant. 

### The standards ofperformance for triple superphosphate plants are those in 40 C.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 ofperformance for granular triple superphosphate storage facilities are those in40 C.P.R. §§ 60.240 

### to 60.244, 

### inclusive, (Ju-ly 1, 2006 

### July 1, 2009).
Source: 33 SDR217, 

### effective June 13, 2007. 

# • GeneralAuthority: SDCL 34A-1-6.
116

# • LawImplemented: SDCL 34A-1-18.


### 74:36:07:60. Standards ofperformance for ferroalloy productionplant. 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. 

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


### 74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen • decarburization vessels constructed after August 17, 1983. The standards ofperformance for


# • electric arc furnaces and argon-oxygen decarburization vessels are those in40 

### 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. 

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


### 74:36:07:62. Standards of performance for kraft pulp mills. The standards of performance for kraft pulp mills are those in 40 

### C.F.R. §§ 60.280 to 60.285, inclusive, (Jlliy 

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

117Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:63. Standards ofperformance for glass manufacturing plant. The standards of performance for glass manufacturing plants are those in 40 C.F.R. §§ 60.290 to 60.296, inclusive, (Jl:lly 1, 2009 July 1, 2009).
Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: 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 ofperformance for surface coating ofmetal 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. GeneralAuthority: 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 ofperformance 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 

# •
•
•

# •
•
• 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 ofperformance for automobile and light duty truck surface coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, (July 1, 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 ofperformance 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 SDR217, 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 ofperformance for industrial surface coating oflarge 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 ofperformance for metal coil surface coating. The standards of performance for metal coil surface coating are those in 40 C.P.R. §§ 60.460 to 60.466, inclusive, (July 1, 2006 July l, 2009).


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

### GeneralAuthority: 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 in40 C.P.R.§§ 60.470 to 60.474, inclusive, (hlly 1, 2006 July 1, 2009).


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

### GeneralAuthority: 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 ofperformance 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 SDR217, effective June 13,2007. 

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

### LawImplemented: SDCL 34A-l-18.
74:36:07:73. 

### Standards ofperformance for rubber tire manufacturing industry. The standards ofperformance for rubber tire manufacturing industry are those in 40 C.P.R. §§ 60.540 to 60.548, inclusive, (July 1, 2006 July 1, 2009).


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

### GeneralAuthority: 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 ofperformance 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 SDR217, 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 ofperformance for equipment leaks inpetroleum refineries are those in 40 C.F.R. §§ 60.590 to 60.593, inclusive, (July 1, 2006 July l, 2009).

122 

# •

# •
•
• Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-18.
74:36:07:76.01. Standards ofperformance for equipment leaks ofVOC in petroleum refineries. The standards ofperformance for equipment leaks in petroleum refineries for which construction, reconstruction, or modification commenced after November 7, 2006, are those in 40 C.P.R.§ 60, Subpart GGGa, (July 1, 

### 2009).
Source: GeneralAuthoritv: SDCL 34A-l-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18.
74:36:07:78. Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry air oxidation unit process. The standards ofperformance
123for synthetic organic chemical manufacturing industry air oxidation unitprocesses are those in40 • C.P.R.§§ 60.610 to 60.618, inclusive, (July 1, 2.006 July 1, 2009).
Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: 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 ofperformance 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. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:80. Standards of performance for onshore natural gas processing. The standards ofperformance for onshore natural gas processing are those in 40 C.P.R.§§ 60.640 to 60.648, inclusive, (July 1, 2.009 July l,2009).
Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
124 

# •
•

# • 74:36:07:81. Standards ofperformance for wool fiberglass insulation manufacturing plant. The standards of performance for wool fiberglass insulation manufacturing plants are those in40 C.P.R. §§ 60.680 to 60.685, inclusive, (July 1, 2006 July 1, 2009).
Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: 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 ofperformance for petroleum refinery wastewater systems • are those in40 C.P.R. §§ 60.690 to 60.699, inclusive, (July 1, 2006 July 1, 2009).
Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:83. Standards of performance for industrial surface coating
-- Surface coating of plastic parts for business machines. The standards ofperformance for the surface coating of plastic parts for business machines are those in 40 C.P.R. §§ 60.720 to 60.726, inclusive, (July 1, 2006 July 1, 2009). 

# • Source: 33 SDR 217, effective June 13,2007.
125

### GeneralAuthority: 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 ofperformance for polymeric coating ofsupporting substrates facilities are those in40 C.P.R. §§ 

### 60.740 to 60.748, inclusive, (Jffiy 

### 1, 2006 July 1, 

### 2009).
Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:85. Standards of performance for small municipal waste combustion units for which construction commenced after August 30, 1999, or modification or reconstruction commenced after June 6, 2001. The standards of performance for small municipal waste combustion units are those in40 C.P.R. § 

### 60, Subpart AAAA (Jaly 1, 2006 July 1, 2009).
Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: 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. 

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

### LawImplemented: 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 • incinerationunits are those in 40 C.F.R. § 60, SubpartEEEE (July 1, 2006 July 1, 2009).


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

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

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


### 74:36:07:88. Standards of performance for stationary compression ignition internal combustion engines. The standards ofperformance for stationary compression ignition internal combustion engines are those in 40 C.F.R. § 60, Subpart IIII (July 1, 2006 July 1, 2009). A source subject to Subpart IIII is exempt from the obligationto obtain a Part 

### 70 operating permitif the source is notrequired to obtain a Part 70 operating permit for a reason other thanthe source is 

# •

127subject 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. LawImplemented: SDCL 34A-l-18.
74:36:07:89. Standards of performance for stationary combustion turbines. The standards ofperformance for stationary combustion turbines are those in40 C.F.R. §§ 60.4300 to 60.4420, inclusive, (July 1, 2006 July 1, 2009).
Source: 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:07:90. Standards of performance for stationary spark ignition internal combustion engines. The standards ofperformance 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 ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart JJJJ. Exempted sources must still meet the applicable requirements in SubpartJJJJ.
Source:
128 

# •
•

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

Section 74:36:08:00 74:36:08:01 74:36:08:02 Administrator defined. General provisions-- National emission standards for hazardous airpollutants. Emission standards for asbestos airpollutants. 74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) ofbenzene. 74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels. 74:36:08:02.03 Emission standards for benzene emissions from benzene transfer operations. 74:36:08:02.04 Emission standards for benzene waste operations. 74:36:08:03 General provisions
-- National emission standards for hazardous air pollutants for source categories. 74:36:08:03.01 Requirements for control technology determinations for major sources 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.
12974:36:08:06

74:36:08:07
74:36:08:08
74:36:08:09
74:36:08:10
74:36:08:11 74:36:08:12
74:36:08:13 74:36:08:14 74:36:08:15 74:36:08:16 74:36:08:17 74:36:08:18 74:36:08:19 74:36:08:20 separators. National emission standards for organic hazardous air pollutants from synthetic organic chemical manufacturing industry process vents, storage vessels, transfer operations, and wastewater. National emission standards for organic hazardous air pollutants for equipment leaks. National emission standards for organic hazardous air pollutants for certain processes subject to negotiatedregulations for equipment leaks. National emission standards for chromium emissions from hard and decorative chromium electroplating and chromium anodizingtanks. 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 cementmanufacturing industry. 74:36:08:22 National emission standards for hazardous air pollutants for pesticide active ingredientproduction. 74:36:08:23 National emission standards for theprinting 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 publiclyowned 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 otherweb coating. 74:36:08:30 National emission standards for municipal solid waste landfills. 74:36:08:31 National emission standards for surface coating ofmetal 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. 

# •
13174:36:08:35 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 ofmiscellaneous metal parts and products. National emission standards for reinforced plastic composites production. National emission standards for stationarycombustion turbines. National emission standards for stationary reciprocating internal combustion engmes. National emission standards for industrial, commercial, and institutional boilers andprocess heaters. National emission standards for polyvinyl chloride and copolymers production. National emission standards for coke ovenbatteries. National emission standards for pulp andpaper 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 secondarylead smelting. National emission standards for phosphoric acid manufacturingplants. National emission standards for phosphate fertilizers productionplants. National emission standards for petroleumrefineries. National emission standards for off-site waste andrecovery 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 reductionplants. 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. Genericmaximum achievable control technology standards. National emission standards for steel pickling
-- HCl process facilities and hydrochloric acidregenerationplants. 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 ofamino/phenolic resins. National emission standards for polyetherpolyols production. National emission standards for primary copper smelting. National emission standards for primarylead smelting. National emission standards for petroleum refineries
-- Catalytic cracking, catalyticreforming, and sulfurrecoveryunits. National emission standards for ferroalloy production
-- Ferromanganese and silicomanganese. National emission standards for the manufacture ofnutritional yeast. National emission standards for plywood and compositewood products.
13374:36:08:71 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 matproduction. National emission standards for surface coating of automobiles and light duty trucks. National emission standards for surface coating ofmetal cans. National emission standards for surface coating oflarge appliances. National emission standards for printing, coating, and dyeing of fabrics and othertextiles. National emission standards for surface coating ofplastic parts andproducts. National emission standards for surface coating ofwoodbuildingproducts. National emission standards for surface coating ofmetal coil. National emission standards for leather finishing operations. National emission standards for celluloseproducts manufacturing. National emission standards for boatmanufacturing. National emission standards for rubbertire manufacturing. National emission standards for limemanufacturingplants. National emission standards for semiconductormanufacturing. 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 coatingmanufacturing.
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 clayceramics 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 ironoreprocessing. National emission standards for refractory products manufacturing. National emission standards for primarymagnesium refining. National emission standards for polyvinyl chloride and copolymers production area sources. • 74:36:08:100 National emission standards for primarycopper 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, andberyllium. 

# • 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.

13574:36:08:108 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 carbonblack 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 batterymanufacturing 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. 74:36:08:119 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. 

### GeneralAuthority: 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 in40 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

### LawImplemented: 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. 

### GeneralAuthority: 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 

# •
•
•

# •
•
• GeneralAuthority: 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 ofbenzene are those in 40 C.F.R. § 61, Subpart FF (July 1, 2009).
Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SubpartA (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. GeneralAuthority: 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 ifthe source is not required to obtain a Part 70 operatingpennit for a reason otherthan 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. GeneralAuthority: 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 in40 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. GeneralAuthority: 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 syntheticorganic chemical manufacturing industryprocess 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 in40 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. 

### GeneralAuthority: 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 ifthe 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 meetthe 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 abath 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. 

# • GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.
Cross-Reference: Operatingpermits 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 ifthe 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. GeneralAuthority: 

### 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 ifthe 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 in40 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, effectiveJune 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 in40 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 meetthe applicable ref):l:1iremef!ts if! 40 C.F.R. 

### § 83, SabpartT (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 ifthe 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. 

### GeneralAuthority: 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).

147Source: 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. LawImplemented: 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. GeneralAuthority: 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.


# • GeneralAuthority: 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

### GeneralAuthority: 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. GeneralAuthority: 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. GeneralAuthority: SDCL 34A-1-6.
150 

# •
•
•

# •
•
• 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. §§ §3.1000 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, 2006July 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.
15174:36:08:22. National emission standards for hazardous air pollutants for pesticide active ingredient production. The national emission standards for pesticide active ingredient production are those in40 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. GeneralAuthority: 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. GeneralAuthority: 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 operatingpermit ifthe unit is not required to install controls and ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 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 in40 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 ofvegetable 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 SDR217, 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 otherweb coating are those in40 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 SDR217, 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 ofmetal 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. 

### GeneralAuthority: 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 SDR 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. GeneralAuthority: 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 ofmiscellaneous metal parts and products. The national emission standards for surface coating ofmiscellaneous 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 

# •
•

# •
•
• Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiveJune 13, 2007. 

### GeneralAuthority: 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 in40 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, effectiveJune 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 in40 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, effectiveJune 13, 2007. 

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

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

15974:36:08:41. 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 SDR217, 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 thosein 40 C.F.R. § 63, Subpart L,**(Jt~ly** 1, 2006 July 1, 2009).
Source: 33 SDR 217, effective June 13, 2007.
160 

# •
•

# •
•
• GeneralAuthority: 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. 

### GeneralAuthority: 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. 

### GeneralAuthority: 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 nonnylonpolyamides production are those in40 C.F.R. § 63, Subpart W, (July 1, 2006 July I, 2009).

161Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: 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 SDR217, 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 SDR217, 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 in40 C.P.R. § 63, Subpart BB (July 1, 2009 July 1, 2009).
162 

# •
•
•

# •
•
• Source: 33 SDR

### 217, effective June 

### 13, 2007. GeneralAuthority: 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. GeneralAuthority: 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. GeneralAuthority: 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 in40 C.F.R. § 

### 63, Subpart EE (J1:1ly 

### 1, 2009 July 1, 2009).
Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: 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. GeneralAuthority: 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 in40 C.F.R. § 

### 63, Subpart MM (Jl:lly 

### 1, 2008 July 1. 2009).
Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6.
164 

# •
•

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


### 74:36:08:55. National emission standards for ethylene manufacturingprocess 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. 

### GeneralAuthority: 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 SDR217, effective June 

### 13, 2007. 

### GeneralAuthority: 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).
165Source: 33 SDR217, effective June 13,2007. GeneralAuthority: 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. GeneralAuthority: 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. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

166 

# •
•
•

# •
•
• 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: 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. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
16774:36:08:63. 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 in40 C.F.R. § 63, Subpart PPP (July 1, 2009 July 1, 2009).
Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: 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. GeneralAuthority: SDCL 34A-1-6.
168 

# •
•
•

# • 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. GeneralAuthority: 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


# • in40 C.F.R. § 63, SubpartUUU (Jl:i-ly 

### 1, 2006 July 1, 2009).
Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:08:69. National emission standards for the manufacture of nutritional yeast. The national emission standards for the manufacture ofnutritional 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. GeneralAuthority: 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. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

170 

# •
•
•

# •
•
• 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 in40 C.F.R. § 63, Subpart EEEE 

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


### Source: 33 SDR217, 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 in40 C.F.R. § 63, SubpartFFFF 

### (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.
171

### 74:36:08:74. National emission standards for surface coating of automobiles and light duty trucks. The national emission standards for surface coating ofautomobiles and light duty trucks are those in40 C.P.R.§ 63, Subpart IIII {J1:1ly 

### 1, 2006 July 1, 

### 2009).
Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 in40 C.P.R.§ 63, Subpart KKKK (J1:1ly 

### 1, 2006 July 1, 

### 2009).
Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:08:76. National emission standards for surface coating oflarge appliances. The national emission standards for surface coating oflarge appliances are those in 40 C.P.R. § 63, SubpartNNNN (fuly 

### 1, 2006 July 1, 

### 2009).
Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6.
172 

# •
•
•

# • Law Implemented: SDCL 34A-1-18.
74:36:08:77. 

### National emission standards for printing, coating, and dyeing offabrics and other textiles. The national emission standards for printing, coating, and dyeing offabrics and othertextiles 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. 

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

### LawImplemented: 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 ofplastic 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. 

### GeneralAuthority: 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 ofmetal coil are those in40 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).

174 

# •
•
•

# •
•
• Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: 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. GeneralAuthority: 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. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:08:85. National emission standards for lime manufacturingplants. 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. GeneralAuthority: 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. GeneralAuthority: 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. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-l-18.

176 

# •
•
•

# •
•
• 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.
74:36:08:89. National emission standards for site remediation. The national emission standards for site remediation are those in40 C.F.R. § 63, Subpart GGGGG (Jaly 1, 2009 July 1, 2009). Source: 33 SDR 217, effective June 13,2007. GeneralAuthority: 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. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
17774:36:08:91. 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. GeneralAuthority: 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 in40 C.F.R. § 63, Subpart KKKKK (July 1, 2009 July 1, 2009).
Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.
74:36:08:93. 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.
178 

# •
•
•

# •
•
• GeneralAuthority: 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. GeneralAuthority: 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 in40 C.P.R.§ 63, Subpart QQQQQ (Jl:ily 

### I, 2009 July 

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

### 34A-1-6. LawImplemented: 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. GeneralAuthority: 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 primarymagnesiumrefining are those in

### 40 C.P.R. § 

### 63, Subpart TTTTT (la1y 1, 

### 2006 July 1, 

### 2009).
Source: 33 SDR 

### 217, effective June 

### 13, 2007. GeneralAuthority: 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
180 

# •
•
•• 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 ifthe 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 applicablerequirements 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. GeneralAuthority: 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.
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