reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:05 - Applicable requirements of the Clean Air Act defined

Current through Register Vol. 51, page 10, July 15, 2024
Applicable requirements of the Clean Air Act include all of the
	 following as they apply to emissions units in a Part 70 source, unless the
	 context of the Clean Air Act requires otherwise:
(1) Any standard or other requirement
  provided for in the applicable implementation plan approved or promulgated by
  EPA through rulemaking under Title I of the Clean Air Act that implements the
  relevant requirements of the Clean Air Act, including any revisions to that
  plan promulgated in Part 52 of 40 C.F.R. (July 1, 2018);
(2) Any term or condition of any
  preconstruction permits issued pursuant to regulations approved through
  rulemaking under Title I, including Parts C or D, of the Clean Air
  Act;
(3) Any standard or other
  requirement under § 111 of the Clean Air Act, including §
  111(d);
(4) Any standard or other
  requirement under § 112 of the Clean Air Act, including any requirement
  concerning accident prevention under § 112(r)(7) of the Clean Air
  Act;
(5) Any standard or other
  requirement of the acid rain program under Title IV of the Clean Air Act or the
  regulations promulgated under it;
(6) Any monitoring, reporting, and
  certification requirements established pursuant to § 504(b) or 114(a)(3)
  of the Clean Air Act;
(7) Any
  standard or other requirement governing solid waste incineration, under §
  129 of the Clean Air Act;
(8) Any
  standard or other requirement for consumer and commercial products, under
  § 183(e) of the Clean Air Act;
(9) Any standard or other requirement for
  tank vessels, under § 183(f) of the Clean Air Act;
(10) Any standard or other requirement of the
  program to control air pollution from outer continental shelf sources, under
  § 328 of the Clean Air Act;
(11) Any standard or other requirement of the
  regulations promulgated to protect stratospheric ozone under Title VI of the
  Clean Air Act, unless the administrator of the EPA has determined that such
  requirements need not be contained in a Part 70 operating permit; and
(12) Any national ambient air quality
  standard or increment or visibility requirement under Part C of Title I of the
  Clean Air Act, but only as it would apply to temporary sources permitted
  pursuant to § 504(e) of the Clean Air Act.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:06 - Complete application defined

Current through Register Vol. 51, page 10, July 15, 2024
A complete application is one that the department has determined to
	 contain all the information needed to begin to process the application. A
	 determination that an application is complete continues in effect if the source
	 submits by the date or dates specified by the department any additional
	 information reasonably determined by the department to be necessary for
	 developing and issuing the permit and requested in writing.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:09 - Categories of sources defined

Current through Register Vol. 51, page 10, July 15, 2024
The fugitive emissions of a source shall not be included in determining
	 whether it is a major source for any of the purposes of §
									74:36:01:08 unless the source
	 belongs to one of the following categories of sources:
(1) Coal cleaning plants with thermal
  dryers;
(2) Kraft pulp
  mills;
(3) Portland cement
  plants;
(4) Primary zinc
  smelters;
(5) Iron and steel
  mills;
(6) Primary aluminum ore
  reduction plants;
(7) Primary
  copper smelters;
(8) Municipal
  incinerators capable of charging more than 250 tons of refuse per
  day;
(9) Hydrofluoric, sulfuric, or
  nitric acid plants;
(10) Petroleum
  refineries;
(11) Lime
  plants;
(12) Phosphate rock
  processing plants;
(13) Coke oven
  batteries;
(14) Sulfur recovery
  plants;
(15) Carbon black plants
  (furnace process);
(16) Primary
  lead smelters;
(17) Fuel conversion
  plants;
(18) Sintering
  plants;
(19) Secondary metal
  production plants;
(20) Chemical
  process plants;
(21) Fossil
  fuel-fired boilers totaling more than 250 million British thermal units per
  hour heat input;
(22) Petroleum
  storage and transfer units with a total storage capacity exceeding 300,000
  barrels;
(23) Taconite ore
  processing plants;
(24) Glass fiber
  processing plants;
(25) Charcoal
  production plants;
(26) Fossil
  fuel-fired steam electric plants of more than 250 million British thermal units
  per hour heat input; and
(27) Any
  other source category, which as of August 7, 1980, is regulated under §
  111 or 112 of the Clean Air Act but only for those air pollutants that have
  been regulated for that category.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:10 - Modification defined

Current through Register Vol. 51, page 10, July 15, 2024
Modification is a physical change in or change in the method of
	 operation of a source that results in at least one of the following:
(1) An increase in the amount of an air
  pollutant emitted by that source or in the emission of an air pollutant not
  previously emitted, except for an insignificant increase in allowable emissions
  as specified in § 74:36:01:10.01;
(2) A significant change to existing
  monitoring, reporting, or record keeping requirements in the permit;
(3) The change requires or changes a
  case-by-case determination of an emission limit or other standard, a
  source-specific determination for temporary sources of ambient impacts, or a
  visibility or increment analysis; or
(4) The change seeks to establish or change a
  permit term or condition for which there is a corresponding underlying
  applicable requirement that the source has assumed to avoid an applicable
  requirement, a federally enforceable emissions cap assumed to avoid
  classification as a modification under any provision of Title I, or an
  alternative emissions limit approved pursuant to regulations promulgated under
  § 112(i)(5) of the Clean Air Act.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:10.01 - Insignificant increase in allowable emissions

Current through Register Vol. 51, page 10, July 15, 2024
An insignificant increase in allowable emissions is a physical change
	 or change in the method of operation that results in air emissions less than
	 the following amounts and the change does not trigger §
									74:36:01:10(3)
	 and (4):
(1) 10 tons per year of
  particulate matter;
(2) 5 tons per
  year of PM10;
(3) 3 tons per year
  of PM2.5;
(4) 10 tons per year of
  sulfur dioxide;
(5) 10 tons per
  year of nitrogen oxides;
(6) 10
  tons per year of carbon monoxide;
(7) 5 tons per year of volatile organic
  compounds;
(8) 0.1 tons per year of
  lead;
(9) 1 ton per year of
  fluorides;
(10) 2 tons per year of
  sulfuric acid mist;
(11) 2 tons per
  year of hydrogen sulfide;
(12) 2
  tons per year of total reduced sulfur;
(13) 2 tons per year reduced sulfur
  compounds;
(14) 2 tons per year of
  munipal waste combustor emissions; and
(15) 10 tons per year of municipal solid
  waste landfill emissions (measured as nonmethane organic compounds).
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:11 - National ambient air quality standard (NAAQS)

Current through Register Vol. 51, page 10, July 15, 2024
The national primary ambient air quality standards define levels of air
	 quality that are necessary, with a margin of safety, to protect the public
	 health. The national secondary ambient air quality standards define levels of
	 air quality that are necessary to protect the public welfare from any known or
	 anticipated adverse effects of a pollutant. These standards are located in
	 chapter 74:36:02.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:12 - Potential to emit defined

Current through Register Vol. 51, page 10, July 15, 2024
The potential to emit for sources shall be based on the maximum rated
	 capacity of a source to emit a pollutant under its physical or operational
	 design. Any physical or operational limitation on the capacity of a source to
	 emit a pollutant, including air pollution control equipment and restrictions on
	 hours of operation or on the type or amount of material combusted, stored, or
	 processed, shall be treated as part of its design if the limitation is
	 federally enforceable. Secondary emissions are not included when determining
	 the potential to emit.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:13 - Process weight rate defined

Current through Register Vol. 51, page 10, July 15, 2024
Process weight per hour is the total weight of all raw materials and
	 other materials introduced into any specific process that may cause an emission
	 of a regulated pollutant. Solid fuels charged are considered as part of the
	 process weight, but liquid and gaseous fuels and combustion air are not.
The process weight rate for continuous or long-run steady-state
	 operations is the total process weight for the entire period of continuous
	 operation or for a typical portion divided by the number of hours of the period
	 or portion.
The process weight rate for cyclical or batch operation is the total
	 process weight for a period that covers a complete operation or an integral
	 number of cycles divided by the hours of actual process operation during such a
	 period.
If the nature of a process or operation or the design of equipment
	 permits more than one interpretation of data, the interpretation that results
	 in the minimum value for allowable emissions applies.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:15 - Regulated air pollutant defined

Current through Register Vol. 51, page 10, July 15, 2024
A regulated air pollutant is one of the following:
(1) Nitrogen oxides or any volatile organic
  compounds;
(2) Nitrogen dioxide,
  PM10, sulfur dioxide, carbon monoxide, lead, ozone, or any pollutant for which
  a national ambient air quality standard has been promulgated in the Clean Air
  Act;
(3) Any pollutant that is
  addressed by any standard promulgated under § 111 of the Clean Air
  Act;
(4) Any Class I or II
  substance subject to a standard promulgated under or established by Title VI of
  the Clean Air Act;
(5) Any
  pollutant subject to a standard promulgated under § 112 of the Clean Air
  Act or other requirements established under §§ 112(g), (j), and (r)
  of the Clean Air Act, including the following:
(a) Any pollutant subject to a standard
  promulgated under § 112(j) of the Clean Air Act. If the administrator of
  the EPA fails to promulgate a standard by the date established in § 112(e)
  of the Clean Air Act, any pollutant for which a subject source would be major
  shall be considered to be regulated on that date; and
(b) Any pollutant for which the requirements
  of § 112(g)(2) of the Clean Air Act have been met, but only for the
  individual source subject to § 112(g)(2) requirement; or
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:16 - Responsible official defined

Current through Register Vol. 51, page 10, July 15, 2024
A responsible official is defined as one of the following:
(1) For a corporation, a president,
  secretary, treasurer, or vice-president of the corporation in charge of a
  principal business function or any other person who performs similar policy or
  decision-making functions for the corporation, or a duly authorized
  representative of such person if the representative is responsible for the
  overall operation of one or more manufacturing, production, or operating
  facilities applying for or subject to a permit, and either:
(a) The facility employs more than 250
  persons or has gross annual sales or expenditures exceeding $25 million (in
  second quarter 1980 dollars); or
(b) The delegation of authority to such a
  representative is approved in advance by the department;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:18 - Municipal solid waste landfill defined

Current through Register Vol. 51, page 10, July 15, 2024
Municipal solid waste landfill means the entire disposal facility in a
	 contiguous geographical space where household waste, commercial solid waste,
	 nonhazardous sludge, conditionally exempt small-quantity generator waste, or
	 industrial solid waste is placed in or on land. Portions of the municipal solid
	 waste landfill may be separated by access roads. A municipal solid waste
	 landfill may be publicly or privately owned, a new landfill, an existing
	 landfill, or a lateral expansion.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6,
		34A-1-18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:19 - Existing municipal solid waste landfill defined

Current through Register Vol. 51, page 10, July 15, 2024
An existing municipal solid waste landfill is a municipal solid waste
	 landfill that commenced construction, reconstruction, or modification on or
	 before July 17, 2014. An existing municipal solid waste landfill may be active
	 or closed. Physical or operational changes made to an existing municipal solid
	 waste landfill solely to comply with applicable emission limits are not
	 considered a modification or reconstruction.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6,
		34A-1-18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:20 - Physical change in or change in the method of operation defined

Current through Register Vol. 51, page 10, July 15, 2024
A physical change in or change in the method of operation does not
	 include the following:
(1) Routine
  maintenance, repair, and replacement;
(2) Use of an alternative fuel or raw
  material because of an order under §§ 2(a) and (b) of the Energy
  Supply and Environmental Coordination Act of 1974, as amended and in effect on
  January 1, 1993, or because of a natural gas curtailment plan pursuant to the
  Federal Power Act as in effect on January 1, 1993;
(3) Use of an alternative fuel because of an
  order or rule under § 125 of the Clean Air Act;
(4) Use at a steam generating unit of an
  alternative fuel that is generated from municipal solid waste;
(5) An increase in the hours of operation or
  in the production rate, unless the change is prohibited under a federally
  enforceable permit condition which was established after January 6, 1975,
  pursuant to 40 C.F.R. §
										52.21 (July 1, 2018), or under regulations
  approved pursuant to 40 C.F.R. Part 51, Subpart I, or
  40 C.F.R. §
										51.166 (July 1, 2018);
(6) Any change of ownership at a
  source;
(7) The use of an
  alternative fuel or raw material by a source which the source was capable of
  accommodating before January 6, 1975, unless the change is prohibited under a
  federally enforceable permit condition which was established after January 6,
  1975, pursuant to 40 C.F.R.
  §
										52.21 (July 1, 2018), or under
  regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or
  40 C.F.R. §
										51.166 (July 1, 2018); 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, 2018) or under regulations
  approved pursuant to 40
  C.F.R. §
										51.165 (July 1,
  2018).
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:21 - Commenced construction defined

Current through Register Vol. 51, page 10, July 15, 2024
Commenced construction means the owner or operator has all necessary
	 construction approvals or permits and has:
(1) Begun, or caused to begin, a continuous
  program of actual on-site construction of the new source or modification to the
  existing source; or
(2) Entered
  into a binding agreement or contractual obligation, which cannot be cancelled
  or modified without substantial loss to the owner or operator, to undertake a
  program of actual construction of the source.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:02 - Ambient air quality › Section 74:36:02:01 - Air quality goals

Current through Register Vol. 51, page 10, July 15, 2024
The air quality goals are as follows:
(1) Protection of the public
  health;
(2) Prevention of damage to
  buildings, property, animals, plants, forests, and agricultural
  crops;
(3) Optimization of
  visibility; and
(4) Minimization of
  the corrosion of or damage to metals or other materials.
General Authority:
SDCL
		34A-1-6,
		34A-1-15.
Law Implemented:
SDCL
		34A-1-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:02 - Ambient air quality › Section 74:36:02:02 - Ambient air quality standards

Current through Register Vol. 51, page 10, July 15, 2024
The ambient air quality standards listed in
	 40 C.F.R. §§
										50.1 to
	 50.3, inclusive, (July 1, 2018);
	 40 C.F.R. §§
										50.5 and
	 50.6 (July 1, 2018);
	 40 C.F.R. §
										50.8 (July 1, 2018);
	 40 C.F.R. §
										50.11 (July 1, 2018);
	 40 C.F.R. §
										50.13 (July 1, 2018);
	 40 C.F.R. §
										50.14 (July 1, 2018); and
	 40 C.F.R. §§
										50.16 to
	 50.19, inclusive, (July 1, 2018),
	 define the types and levels of air pollution above which the ambient air would
	 limit the attainment of the goals specified in §
									74:36:02:01. These standards apply
	 to the entire state of South Dakota, and no person may cause these standards to
	 be exceeded. The standards include normal background levels of air
	 pollutants.
General Authority:
SDCL
		34A-1-6,
		34A-1-15.
Law Implemented:
SDCL
		34A-1-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:02 - Ambient air quality › Section 74:36:02:03 - Methods of sampling and analysis

Current through Register Vol. 51, page 10, July 15, 2024
Air pollutants of particulate matter, sulfur dioxide, carbon monoxide,
	 ozone, nitrogen dioxide, and lead listed in 40 C.F.R. Part 50 (July 1, 2018)
	 shall be measured by the reference method or methods stated in 40 C.F.R. Part
	 50, Appendix A to Appendix U, inclusive, (July 1, 2018) or an equivalent method
	 designated in accordance with 40 C.F.R. Part 53 (July 1,
	 2018).
General Authority:
SDCL
		34A-1-6,
		34A-1-15.
Law Implemented:
SDCL
		34A-1-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:02 - Ambient air quality › Section 74:36:02:04 - Air quality monitoring network

Current through Register Vol. 51, page 10, July 15, 2024
The department shall outline ambient air monitoring goals, changes,
	 and network design in the air quality monitoring network. The department shall
	 revise the air quality monitoring network as required by
	 40 C.F.R. §
										58.20 (July 1, 2018).
General Authority:
SDCL
		34A-1-6,
		34A-1-15.
Law Implemented:
SDCL
		34A-1-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:02 - Ambient air quality › Section 74:36:02:05 - Ambient air monitoring requirements

Current through Register Vol. 51, page 10, July 15, 2024
The operation of ambient air monitoring required by the department
	 shall be consistent with 40 C.F.R. Part 58 (July 1, 2018). Records of
	 monitoring activities and results shall be retained for a minimum of three
	 years.
General Authority:
SDCL
		34A-1-6,
		34A-1-15.
Law Implemented:
SDCL
		34A-1-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:03 - Air quality episodes › Section 74:36:03:01 - Air pollution emergency episode

Current through Register Vol. 51, page 10, July 15, 2024
The proclamation of an air pollution emergency episode and its extent
	 shall be made by the secretary, using the criteria in
	 40 C.F.R. §
										51.151 and Appendix L to Part 51 (July 1,
	 2018), if the accumulation of air pollutants in any place is attaining or has
	 attained levels which could, if such levels are sustained or exceeded, lead to
	 a substantial threat to the health of the public.
General Authority:
SDCL
		34A-1-6,
		34A-1-15.
Law Implemented:
SDCL
		34A-1-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:03 - Air quality episodes › Section 74:36:03:02 - Episode emergency contingency plan

Current through Register Vol. 51, page 10, July 15, 2024
The department shall develop an episode emergency contingency plan and
	 maintain it following the requirements in
	 40 C.F.R. §
										51.152 (July 1, 2018). The department shall
	 reevaluate the contingency plan in accordance with the requirements in
	 40 C.F.R. §
										51.153 (July 1, 2018).
General Authority:
SDCL
		34A-1-6,
		34A-1-15.
Law Implemented:
SDCL
		34A-1-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The requirements of this chapter apply to all minor
	 sources.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:02 - Minor source operating permit required

Current through Register Vol. 51, page 10, July 15, 2024
A person may not operate any source or unit likely to cause the
	 emission of air pollutants into the ambient air or any equipment that prevents
	 or controls the emission of air pollutants into the ambient air until a
	 construction permit or minor source operating permit has been issued by the
	 board or the secretary.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:02.01 - Minor source operating permit exemption

Current through Register Vol. 51, page 10, July 15, 2024
The following sources are exempt from obtaining a minor source
	 operating permit:
(1) A source that
  has the potential to emit 25 tons or less per year of any criteria pollutant,
  except lead, before the application of control equipment; and
(2) Any other source constructed for domestic
  purposes and not intended for use by an industry, manufacturer, or
  business.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:03 - Emission unit exemptions

Current through Register Vol. 51, page 10, July 15, 2024
The following emission units are exempt from inclusion in a minor
	 source operating permit unless the source has requested federally enforceable
	 permit conditions related to the emission unit to avoid needing a Part 70
	 operating permit, PSD preconstruction permit, or NSR preconstruction permit, or
	 the emission unit is applicable to a standard in chapter 74:36:07 or
	 74:36:08:
(1) One or more incinerators
  of less than 100 pounds per hour combined burning capacity that combust
  municipal or household waste;
(2) A
  mobile internal combustion engine, including those in autos, trucks, tractors,
  airplanes, locomotives, and boats;
(3) Laboratory equipment used exclusively for
  chemical or physical analysis;
(4)
  A unit that has a heat input capability of not more than 3,500,000 Btus per
  hour, except for units fueled with wood or coal;
(5) An air conditioning or ventilating system
  not designed to remove air pollutants from equipment;
(6) Routine housekeeping or plant upkeep
  activities such as painting buildings, retarring roofs, or paving parking lots;
  and
(7) A unit that has the
  potential to emit two tons or less per year of any criteria pollutant before
  the application of control equipment. However, the criteria pollutant emissions
  from the unit must be included in determining whether the source is a minor
  source.
An emission unit that is exempt from permitting must still meet the
	 visible emission restriction in §
										74:36:12:01.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-19,
		34A-1-21.
Operating permits for Part 70 sources, ch 74:36:05; Prevention of
		significant deterioration, ch 74:36:09.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:04 - Standard for issuance of a minor source operating permit

Current through Register Vol. 51, page 10, July 15, 2024
The minor source operating permit must include reasonable conditions,
	 including adherence to plans and specifications, to assure compliance with the
	 act, the Clean Air Act, and any other conditions justified under SDCL
	 34A-1-19.
General Authority:
SDCL
		34A-1-6,
		34A-1-19,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-19,
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:05 - Time period for operating permits and renewals

Current through Register Vol. 51, page 10, July 15, 2024
An operating permit for a minor source shall be issued for a period up
	 to five years and all subsequent operating permits shall be for a period of
	 five years.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:06 - Timely and complete application for operating permit required

Current through Register Vol. 51, page 10, July 15, 2024
A person who owns or operates a source required to have a minor source
	 operating permit shall submit a timely and complete application. An application
	 is timely if it meets the time limits specified in this section. An application
	 is complete if it meets the requirements in §
									74:36:04:07.
A minor source applying for an initial operating permit shall submit a
	 complete application to the department within 12 months after commencing
	 operation. A minor source applying for a permit modification shall submit a
	 complete application to the department within 12 months after commencing
	 operation of the emission unit(s) involved with the modification.
A minor source applying for renewal of an operating permit shall submit
	 a complete application 90 days before the date of permit expiration. If an
	 existing source submits a timely and complete application for renewal of an
	 operating permit within this time limit, the source's existing permit does not
	 expire until the renewal permit has been issued or denied. The terms and
	 conditions of the existing permit remain in effect until the renewal permit has
	 been issued or denied.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-12,
		34A-1-21.
Note:
A minor source applying for an initial operating
		permit or a permit modification must obtain a construction permit in accordance
		with chapter 74:36:20 before commencing construction of the source or permit
		modification.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:07 - Required contents of complete application for operating permit

Current through Register Vol. 51, page 10, July 15, 2024
An application for an operating permit for a minor source or permit
	 modification must include the following information to be considered a complete
	 application:
(1) General company
  information, including the company name and address or the plant name and
  address if different from the company name, the owner's name and agent, and the
  plant site manager or contact;
(2)
  A description of the plant and its processes and products;
(3) The following information on emissions:
(a) Identification and description of all
  emission units;
(b) Fuels, fuel
  use, raw materials, and production rates;
(c) Identification and description of air
  pollution control equipment;
(d)
  Limitations on source operation affecting emissions or any work practice
  standards, where applicable, for all regulated air pollutants;
(e) Other information required by any
  applicable requirements, including information related to stack height limits,
  such as the location of emissions units, flow rates, building dimensions, and
  stack parameters, including height, diameter, and plume temperature, for all
  pollutants regulated at the source;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:08 - Applicant required to supplement or correct application

Current through Register Vol. 51, page 10, July 15, 2024
If the applicant is aware that the application is incomplete or that
	 any relevant facts or information contained in an application are incorrect,
	 the applicant shall submit the supplementary facts or corrected information.
	 The applicant shall provide additional information as necessary to address
	 requirements that become applicable after the application is filed but prior to
	 the release of the draft permit.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-12,
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:09 - Permit application - Completeness review

Current through Register Vol. 51, page 10, July 15, 2024
The department shall conduct a completeness review of each permit
	 application received, as follows:
(1)
  Within 30 days after submission of an application for an initial operating
  permit, a permit modification, or a renewal of an operating permit for a minor
  source, the department shall notify the applicant in writing whether or not the
  application is complete or incomplete. If the department does not notify the
  applicant that the application is incomplete within 30 days after receipt of
  the application, the application is considered complete. The department may at
  any time during the processing of the application request, in writing,
  additional information necessary to evaluate or take final action on the
  application;
(2) If the application
  is incomplete or additional information is necessary to evaluate the
  application, the department shall identify the items required to complete the
  application. The applicant has 20 working days after receipt of an incomplete
  notification or request for additional information to submit the information,
  unless an extension beyond the 20 working days is approved by the department;
  and
(3) The department shall
  determine the adequacy of the applicant's response to each incomplete item
  within 15 days after receipt of the response and shall notify the applicant in
  writing if the application is or is not complete.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:10 - Time period for department's recommendation

Current through Register Vol. 51, page 10, July 15, 2024
The department shall recommend issuance or denial of an operating
	 permit, a permit modification, or a renewal for an operating permit for a minor
	 source within 90 days after the submission of a complete application and all
	 other additional information necessary for the department to make an informed
	 decision. A recommendation to issue a permit shall include a draft permit with
	 appropriate conditions to ensure compliance with the act and Clean Air Act.
	 Failure of the department to act on an application entitles the applicant to
	 petition for and obtain a contested case review of the application without
	 waiting for a department recommendation. The petition must conform to the
	 requirements of article 74:09.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:12 - Public participation in permitting process

Current through Register Vol. 51, page 10, July 15, 2024
The department shall mail a copy of the draft permit for a minor source
	 to the applicant. The department shall publish a public notice of the draft
	 permit once in a legal newspaper in the county where the source is located. The
	 notice must include a brief statement describing the source and where it is
	 located; the department's recommendation and the reasons for it; the activity
	 or activities involved in the permit action; the emissions change involved in
	 any permit modification; a statement that a person may submit comments or
	 contest the draft permit within 30 days after the publication of the notice;
	 describe the procedures a person must follow to contest the draft permit and
	 request a hearing in accordance with article 74:09; and a statement describing
	 where copies of the draft permit or other information may be obtained. The
	 department shall provide to the interested parties a 30-day notice of any
	 hearing to contest a draft permit.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		1-26-27,
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:12.01 - Public review of department's draft permit

Current through Register Vol. 51, page 10, July 15, 2024
During the public comment period, any interested person may submit
	 written comments on the draft permit or request a contested case hearing. All
	 comments will be considered in making a final permit decision on the draft
	 permit as provided in §
									74:36:04:13. A request for a
	 contested case hearing must be in writing and prepared and filed in accordance
	 with article 74:09. The department is not required to accept recommendations or
	 comments that are not based on applicable requirements of this article or the
	 requirements of the Clean Air Act.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:13 - Final permit decision - Notice to interested persons

Current through Register Vol. 51, page 10, July 15, 2024
The department shall make its final permit decision within 30 days of
	 the end of the public comment period on a draft permit. The department shall
	 notify, in writing, the applicant and each person that submitted written
	 comments or requested notice of the final permit decision. The notice shall
	 include reference to the procedures for contesting the final permit decision
	 and requesting a hearing in accordance with article 74:09. For the purpose of
	 this section, the final permit decision means proposing a permit, denying a
	 permit, or terminating a permit.
The final permit will be issued within 30 days of notifying the
	 applicant and each person that submitted written comments or requested
	 notification of the final permit decision except under the following
	 conditions:
(1) A later effective date
  is specified in the final permit decision;
(2) A contested case hearing is requested;
  or
(3) No comments or request for
  changes in the draft permit were received during the public notice period on
  the draft permit. In this case, the draft permit automatically becomes the
  final permit decision and the final permit is issued at the end of the public
  notice period.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		1-26-27,
		1-26-29,
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:14 - Right to petition for contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
The applicant or interested person may petition the board and obtain a
	 contested case hearing to dispute the department's draft permit. Any other
	 person may petition to intervene and request a hearing if the person has an
	 interest affected by the department's draft permit. Such petitions must comply
	 with the provisions of article 74:09 and be received by the department within
	 30 days after publication of the notice required by §
									74:36:04:12.
The applicant or an interested person that comments on the draft permit
	 may petition the board for and obtain a contested case hearing to dispute the
	 department's final permit decision. Such petitions must comply with the
	 provisions of article 74:09 and be received by the department within 30 days
	 after receiving the department's final permit decision.
If the draft permit or the final permit decision is contested, the
	 department shall present the draft permit or final permit decision to the board
	 for action in accordance with article 74:09.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		1-26-27,
		1-26-29,
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:15 - Contents of operating permit

Current through Register Vol. 51, page 10, July 15, 2024
An operating permit for a minor source shall include the
	 following:
(1) The signature of either
  the secretary or the chairman;
(2)
  The name of the person, company, political subdivision, agency, or institution
  granted a permit;
(3) The type of
  operation;
(4) The facility and
  mailing address;
(5) The date the
  operating permit was granted and on which it will expire;
(6) A number for administrative
  reference;
(7) The name of a
  designated person or officer responsible for the source's operation;
(8) A statement granting an operating permit
  by the board or secretary and any conditions that the board or secretary may
  impose to ensure compliance with the act and the Clean Air Act;
(9) Emission limits and standards, including
  operational requirements and limits for all regulated emission units, necessary
  to assure compliance with applicable requirements of the act and the Clean Air
  Act;
(10) Monitoring and related
  record keeping and reporting requirements;
(11) A severability clause to ensure the
  continued validity of the various permit requirements if any portions of the
  permit are challenged; and
(12)
  Provisions stating the following:
(a) The
  permittee must comply with all conditions of the permit. Any permit
  noncompliance constitutes a violation and is grounds for enforcement action,
  permit termination, revocation and reissuance, permit revision, or denial of a
  permit renewal application;
(b) The
  operating permit may be revised, revoked and reissued, reopened, or terminated
  for cause;
(c) The operating permit
  does not convey any property rights of any sort or any exclusive privilege;
  and
(d) The permittee shall provide
  any information, including records, requested in writing by the department to
  determine whether cause exists for revising, revoking and reissuing, reopening,
  or terminating the permit or to determine compliance.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:16 - Operating permit expiration

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:17 - Renewal of operating permit

Current through Register Vol. 51, page 10, July 15, 2024
Permits being renewed are subject to the same procedural requirements
	 in §§
									74:36:04:06 to
	 74:36:04:14, inclusive, as the
	 original minor source operating permit issuance.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:18 - Operating permit revision

Current through Register Vol. 51, page 10, July 15, 2024
An operating permit for a minor source may be revised at any time by
	 the submittal of an application. The application must specify whether the
	 requested revision is an administrative permit amendment, minor permit
	 amendment, or a permit modification with supporting documentation. The
	 application must contain the necessary information required for an
	 administrative permit amendment, minor permit amendment, or permit
	 modification.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:19 - Administrative permit amendment

Current through Register Vol. 51, page 10, July 15, 2024
An administrative permit amendment may be issued for a revision to an
	 operating permit meeting the requirements of §
									74:36:01:03. An application for an
	 administrative permit amendment shall contain a description of the change and
	 documentation supporting the applicant's claim the revision qualifies as an
	 administrative permit amendment.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:20 - Procedures for administrative permit amendments

Current through Register Vol. 51, page 10, July 15, 2024
The source may implement a proposed revision that is considered an
	 administrative permit amendment immediately upon notifying the department. The
	 department shall determine whether an administrative permit amendment is
	 applicable to the proposed revision within 15 days of receiving a request for a
	 permit revision. The department shall issue administrative permit amendments
	 without the procedural requirements applicable to obtaining a permit
	 modification.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:20.01 - Minor permit amendment required

Current through Register Vol. 51, page 10, July 15, 2024
A minor permit amendment is an amendment to an existing minor source
	 operating permit and is issued by the secretary. A source may request a minor
	 permit amendment under §§
									74:36:04:20.02 to 74:36:04:20.04,
	 inclusive, for a change that does not constitute a modification and is not
	 prohibited under any applicable requirement under Title I of the Clean Air
	 Act.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-12,
		34A-1-21.