reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:18 - Regulations for state facilities in the Rapid City area › Section 74:36:18:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise specified, the terms used in this chapter mean:
(1) "Construction activity," any temporary
  activity at a state facility, which involves the removal or alteration of the
  natural or pre-existing cover of one acre or more of land. One acre of surface
  area is based on a cumulative area of anticipated disturbance to be completed
  for the entire project;
(2)
  "Continuous operation activity," the following ongoing activities at a state
  facility that may cause fugitive emissions of particulate to be released into
  the ambient air:
(a) Unpaved parking lots and
  storage lots one acre or more in size;
(b) Paved parking lots to which deicing and
  traction materials are applied during adverse weather;
(c) Storage piles and activities associated
  with handling of the stock pile material;
(d) The applying of deicing and traction
  materials on and cleaning of streets, roads, and highways; and
(e) Any other ongoing activity as determined
  by the secretary that may cause such fugitive emissions;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:18 - Regulations for state facilities in the Rapid City area › Section 74:36:18:02 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The requirements of this chapter apply to state facilities and state
	 contractors that conduct a construction activity or continuous operation
	 activity in the Rapid City air quality control zone.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6,
		34A-1-11,
		34A-1-18,
		34A-1-19,
		34A-1-21,
		34A-1-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:18 - Regulations for state facilities in the Rapid City area › Section 74:36:18:03 - Permit required

Current through Register Vol. 51, page 10, July 15, 2024
Beginning on August 1, 2002, no state facility or state contractor may
	 engage in any construction activity or continuous operation activity within the
	 Rapid City air quality control zone which may cause fugitive emissions of
	 particulate to be released into the ambient air without first obtaining a
	 permit issued by the board or the secretary. The secretary may extend the
	 August 1, 2002, deadline for 60 days if circumstances warrant an
	 extension.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
Note:
The procedural requirements for obtaining a
		construction activity or continuous operation activity permit under this
		chapter will be the same as the procedural requirements for a minor source,
		such as a timely and complete application, completeness review, public
		participation, and department recommendation, as outlined in §§
											74:36:04:06 and
		74:36:04:08 to 74:36:04:14,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:18 - Regulations for state facilities in the Rapid City area › Section 74:36:18:04 - Time period for permits and renewals

Current through Register Vol. 51, page 10, July 15, 2024
A construction activity or continuous operation activity permit is
	 issued for a period up to five years and all subsequent permits are for periods
	 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 74:36:18 - Regulations for state facilities in the Rapid City area › Section 74:36:18:05 - Required contents of a complete application for a permit

Current through Register Vol. 51, page 10, July 15, 2024
An application for a construction activity and continuous operation
	 activity permit shall contain the following information to be considered
	 complete:
(1) General company
  information, including the company name and address, the owner's name and
  agent, and the plant site manager or contact;
(2) Legal description and location of the
  construction or continuous operation activity, including a site map;
(3) Description of the proposed construction
  or continuous operation activity, including nature and description of equipment
  used;
(4) Description of the
  reasonably available control technology used to control the fugitive emissions;
  and
(5) For construction
  activities, the proposed date for commencement and termination of the
  construction activity.
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 74:36:18 - Regulations for state facilities in the Rapid City area › Section 74:36:18:06 - Contents of permit

Current through Register Vol. 51, page 10, July 15, 2024
The construction activity and continuous operation activity permit
	 shall include the following:
(1) The
  signature of either the secretary or the chairman;
(2) The name of the person, company,
  political subdivision, agency, or institution granted a permit;
(3) The type of operation;
(4) The mailing address;
(5) The date the permit was granted and on
  which it will expire;
(6) A permit
  number;
(7) The name of a
  designated person or officer responsible for the permitted activity;
(8) A statement granting a permit by the
  board or secretary and any conditions that the board or secretary may impose to
  ensure compliance with the Act;
(9)
  Emission limits and standards necessary to assure compliance with applicable
  requirements of the Clean Air Act;
(10) Record keeping and reporting
  requirements;
(11) A severability
  clause to ensure the continued validity of the various permit requirements if
  any portion 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 or
  modification, or for denial of a permit renewal application;
(b) The permit may be modified, revoked, or
  terminated for cause;
(c) The
  permit does not convey any property rights of any sort or any exclusive
  privilege; and
(d) The permittee
  shall provide any information requested in writing by the secretary to
  determine whether cause exists for modifying, revoking, 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 74:36:18 - Regulations for state facilities in the Rapid City area › Section 74:36:18:07 - Permit expiration

Current through Register Vol. 51, page 10, July 15, 2024
Permit expiration terminates the source's right to operate unless a
	 timely and complete renewal application has been submitted to 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 74:36:18 - Regulations for state facilities in the Rapid City area › Section 74:36:18:08 - Renewal of 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 and
	 74:36:04:08 to 74:36:04:14,
	 inclusive, as the original 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 74:36:18 - Regulations for state facilities in the Rapid City area › Section 74:36:18:09 - Reasonably available control technology required

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a state facility or state contractor shall
	 install and/or implement reasonably available control technology to prevent
	 fugitive emissions of particulate from exceeding the visible emission limit
	 specified in §
									74:36:18:10.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		1-26-20,
		34A-1-53.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:18 - Regulations for state facilities in the Rapid City area › Section 74:36:18:10 - Visible emission limit for construction and continuous operation activities

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a state facility or state contractor may not
	 discharge into the ambient air from a fugitive source an air pollutant of a
	 density equal to or greater than that designated as 20 percent opacity for a
	 series of two minute averages with a minimum of a total of six minutes of
	 readings. The Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60,
	 Appendix A (July 1, 2018) shall be used to determine the
	 opacity.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-47,
		34A-1-49.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:18 - Regulations for state facilities in the Rapid City area › Section 74:36:18:11 - Exception to visible emission limit

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of §
									74:36:18:10 do not apply if all
	 three of the following meteorological conditions exist:
(1) Five consecutive days of 0.02 inches or
  less of precipitation each day excluding dry snow;
(2) Forecasted peak wind gusts greater than
  40 miles per hour; and
(3)
  Forecasted average hourly wind speed greater than 20 miles per hour.
General Authority:
SDCL
		34A-1-6,
		34A-1-19.
Law Implemented:
SDCL
		34A-1-12,
		34A-1-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:18 - Regulations for state facilities in the Rapid City area › Section 74:36:18:12 - Notice of operating noncompliance - Contents

Current through Register Vol. 51, page 10, July 15, 2024
If the secretary determines that the operation of a source is not in
	 compliance with this article, the Clean Air Act, or permit conditions, the
	 secretary may issue a notice of such a finding to the permit holder or operator
	 of the source. The notice must contain citations to the rules, statutes, or
	 permit conditions violated and the alleged facts upon which the determination
	 is based.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The requirements of this chapter apply to the construction of all new
	 sources or modifications to existing sources.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:02 - Construction permit required

Current through Register Vol. 51, page 10, July 15, 2024
A person may not construct, install, modify, or operate any source or
	 unit likely to cause the emission of air pollutants into the ambient air or any
	 equipment that prevents or controls the emission of air pollutants into the
	 ambient air until a construction permit has been issued by the board or the
	 secretary, except as specified in § 74:36:20:02.01.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:02.01 - Initiating construction prior to permit issuance

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a new source or modification to an existing
	 source may only install concrete foundations, below-ground plumbing, ductwork,
	 associated infrastructure and excavation work, or any combination of these
	 activities prior to issuance of the construction permit by the department if
	 the owner or operator meets the following requirements:
(1) The owner or operator has submitted a
  complete application for a construction permit to the department in accordance
  with §
									74:36:20:06 and received a
  completeness determination from the department in accordance with §
									74:36:20:09;
(2) The owner or operator has submitted a
  notification to the department of its intentions to initiate construction prior
  to issuance of the construction permit five working days before initiating
  construction;
(3) The new source or
  modification to an existing source is not subject to chapter 74:36:09 or
  74:36:10. The provisions in chapter 74:36:09 or 74:36:10 remain applicable
  until the new source or modification to an existing source legally obtains a
  construction permit with federally enforceable conditions which limit the
  sources potential to emit below the applicable thresholds in chapter 74:36:09
  or 74:36:10;
(4) The new source or
  modification to an existing source is not subject to §
									74:36:08:03.01. The provisions in
  §
									74:36:08:03.01 remain applicable
  until the new source or modification to an existing source legally obtains a
  construction permit with federally enforceable conditions which limit the
  sources potential to emit below the applicable thresholds in §
									74:36:08:03.01;
(5) The owner or operator must assume any
  liability for construction conducted on a source before the permit is issued
  ;
(6) The owner or operator must
  cease construction if the department's evaluation demonstrates the construction
  of the new source or modification to the existing source will interfere with
  the attainment or maintenance of a national ambient air quality standard or
  increment.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:03 - Construction permit exemption

Current through Register Vol. 51, page 10, July 15, 2024
The following new sources or modifications to an existing source are
	 exempt from obtaining a construction permit:
(1) A new source or modification to an
  existing source meeting the requirements of chapter 74:36:09;
(2) A new source or modification to an
  existing source meeting the requirements of chapter 74:36:10;
(3) A new source or modification to an
  existing source authorized under a general permit; or
(4) A source that meets the exemption
  requirements of §§
									74:36:04:02.01 and
  74:36:05:04.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:04 - Emission unit exemptions

Current through Register Vol. 51, page 10, July 15, 2024
The following emission units are exempt from inclusion in a
	 construction permit unless the source has requested federally enforceable
	 permit conditions related to the emission unit to avoid needing a Part 70
	 operating permit, PSD preconstruction permit, or NSR preconstruction permit or
	 the emission unit is applicable to a standard in 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;
(7) A unit that has the
  potential to emit two tons or less per year of any criteria pollutant before
  the application of control equipment. However, the criteria pollutant emissions
  from the unit must be included in determining whether the source is required to
  obtain a construction permit; and
(8) A unit that has the potential to emit two
  tons or less per year of any hazardous air pollutant before the application of
  control equipment. However, the hazardous air pollutant emissions from the unit
  must be included in determining whether the source is required to obtain a
  construction permit.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:05 - Standard for issuance of construction permit

Current through Register Vol. 51, page 10, July 15, 2024
A construction permit for a new source or modification to an existing
	 source may be issued only if it has been shown that the operation of the new
	 source or modification to an existing source will not prevent or interfere with
	 the attainment or maintenance of an applicable national ambient air quality
	 standard. If air pollution dispersion modeling is required, the modeling shall
	 be performed in accordance with the air quality modeling guidance in 40 C.F.R.
	 Part 51, Appendix W (July 1, 2018) and 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 (July 1, 2018). Each new source or
	 modification to an existing source must comply with emission limits and other
	 requirements of the act and the Clean Air Act. The construction permit must
	 include reasonable conditions, including adherence to plans and specifications,
	 to ensure compliance with the act, the Clean Air Act, and any other conditions
	 justified under SDCL
	 34A-1-19.
General Authority:
SDCL
		34A-1-6,
		34A-1-19,
		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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:05.01 - Procedures for an insignificant increase in allowable emissions

Current through Register Vol. 51, page 10, July 15, 2024
The department shall take the following final action on the proposed
	 insignificant increase in allowable emissions within 90 days after receipt of a
	 complete application for an insignificant increase in allowable
	 emissions:
(1) Issue the construction
  permit as proposed;
(2) Deny the
  application for a construction permit; or
(3) Determine the application should be
  processed as a construction permit following the procedural requirements in
  §§
									74:36:20:06 to 74:26:20:10,
  inclusive.
The secretary shall issue the construction permit for an insignificant
	 increase in allowable emissions without the procedural requirements applicable
	 to obtaining a construction permit.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:06 - Timely and complete application for a construction permit required

Current through Register Vol. 51, page 10, July 15, 2024
A person who constructs a new source or modification to an existing
	 source required to have a construction permit shall submit a complete
	 application to the department at least 180 days before the estimated date of
	 commencing construction of the new source or modification to an existing
	 source. An application is complete if it meets the requirements in §
									74:36:20:07.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:07 - Required contents of complete application for a construction permit

Current through Register Vol. 51, page 10, July 15, 2024
An application for a construction permit for a new source or
	 modification must include the following information to be considered a complete
	 application:
(1) The following general
  company information:
(a) The company name and
  address or the plant name and address if different from the company
  name;
(b) The owner's name and
  agent; and
(c) The plant site
  manager or contact;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:08 - 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 before
	 the release of the draft permit.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:09 - 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 a construction permit,
  the department shall notify the applicant in writing whether or not the
  application is complete or incomplete. If the department does not notify the
  applicant that the application is incomplete within 30 days after receipt of
  the application, the application is considered complete. The department may at
  any time during the processing of the application request, 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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:10 - Time period for department's recommendation

Current through Register Vol. 51, page 10, July 15, 2024
The department shall recommend issuance or denial of a construction
	 permit within 180 days after the submission of a complete application and all
	 other additional information necessary for the department to make an informed
	 decision. A recommendation to issue a permit shall include a draft permit with
	 appropriate conditions to ensure compliance with the act or the Clean Air Act.
	 Failure of the department to act on an application entitles the applicant to
	 petition for and obtain a contested case review of the application without
	 waiting for a department recommendation. The petition must conform to the
	 requirements of article 74:09.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:11 - 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 to the applicant.
	 The department shall publish a public notice of the draft permit once in a
	 legal newspaper in the county where the source is located. The notice must
	 include a brief statement describing the source and where it is located; the
	 department's recommendation and the reasons for it; the activity or activities
	 involved in the permit action; a statement that a person may submit comments or
	 contest the draft permit within 30 days after the publication of the notice; a
	 description of the procedures a person must follow to contest the draft permit
	 and request a hearing in accordance with article 74:09; and a statement
	 describing where copies of the draft permit or other information may be
	 obtained. The department shall provide to the interested parties a 30-day
	 notice of any hearing to contest a draft permit.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:12 - 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 shall be considered in making a final permit decision on the draft
	 permit as provided in §
									74:36:20:13. A request for a
	 contested case hearing must be in writing and prepared and filed in accordance
	 with article 74:09. The department is not required to accept recommendations or
	 comments that are not based on applicable requirements of this article or the
	 requirements of the Clean Air Act.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:13 - 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 or denying a
	 permit.
The final permit shall be issued within 30 days of notifying the
	 applicant and each person that submitted written comments or requested
	 notification of the final permit decision except under the following
	 conditions:
(1) A later effective date
  is specified in the final permit decision;
(2) A contested case hearing is requested;
  or
(3) No comments or request for
  changes in the draft permit were received during the public comment period on
  the draft permit. In this case, the draft permit automatically becomes the
  final permit decision and the final permit is issued at the end of the public
  comment period.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:14 - 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 §
									74:36:20:11.
The applicant or an interested person that comments on the draft permit
	 may petition the board for and obtain a contested case hearing to dispute the
	 department's final permit decision. Such petitions must comply with the
	 provisions of article 74:09 and be received by the department within 30 days
	 after receiving the department's final permit decision.
If the draft permit or the final permit decision is contested, the
	 department shall present the draft permit or final permit decision to the board
	 for action in accordance with article 74:09.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:15 - Contents of construction permit

Current through Register Vol. 51, page 10, July 15, 2024
A construction permit shall include the following:
(1) The signature of either the secretary or
  the chairman;
(2) The name of the
  person, company, political subdivision, agency, or institution granted a
  permit;
(3) The type of
  operation;
(4) The facility and
  mailing address;
(5) The date the
  construction permit was granted;
(6) A number for administrative
  reference;
(7) The timeline for
  submitting a timely and complete application for a minor source operating
  permit or Part 70 source operating permit;
(8) A statement granting a construction
  permit by the board or secretary and any conditions that the board or secretary
  may impose to ensure compliance with the act and the Clean Air Act;
(9) Emission limits and standards, including
  operational requirements and limits for all regulated emission units, necessary
  to ensure compliance with applicable requirements of the act and the Clean Air
  Act;
(10) Monitoring,
  recordkeeping, and reporting requirements necessary to determine compliance
  with the construction permit;
(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;
(b) The construction permit does not convey
  any property rights of any sort or any exclusive privilege; and
(c) The permittee shall provide any
  information, including records, requested in writing by the department to
  determine compliance.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:16 - 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 that 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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:17 - 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 construction
	 permit.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:18 - Reopening construction permit for cause

Current through Register Vol. 51, page 10, July 15, 2024
The department may reopen a construction permit for further review if
	 the department determines that the permit contains a material mistake in
	 establishing the emissions standards or limits or other requirements of the
	 construction permit or the department determines that the construction permit
	 must be revised to ensure compliance with the applicable requirements of this
	 article and the Clean Air Act.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:19 - Procedures to reopen construction permit

Current through Register Vol. 51, page 10, July 15, 2024
The department shall notify the source at least 30 days before
	 reopening a construction permit. The department may reopen a permit in a
	 shorter time in an emergency. The procedures to reopen a construction permit
	 shall follow the procedural requirements to issue a construction permit and
	 shall affect only those parts of the permit for which cause to reopen
	 exists.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:20 - Construction permit does not exempt from other requirements

Current through Register Vol. 51, page 10, July 15, 2024
The issuance of a construction permit for a new source or modification
	 to an existing source does not exempt the new source or modification to an
	 existing source from obtaining the applicable operating permit pursuant to
	 chapter 74:36:04 or 74:36:05 or from the obligation to comply with the
	 applicable emission limitations or requirements of the Clean Air
	 Act.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:21 - Expiration of a construction permit

Current through Register Vol. 51, page 10, July 15, 2024
A construction permit expires if the construction of the new source or
	 modification to an existing source has not commenced within 18 months after the
	 effective date of the construction permit, if construction is discontinued for
	 a period of 18 months or more, or if construction is not completed within ten
	 years of the effective date. If a construction permit expires, the applicant's
	 authority to commence construction or complete construction of the new source
	 or modification to an existing source is terminated.
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 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:22 - Notice of constructing or operating noncompliance - Contents

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines that the construction or operation of a
	 source is not in compliance with this article, the Clean Air act, or permit
	 conditions, the department may issue a notice of such a finding to the permit
	 holder or operator of the source. The notice must contain citations to the
	 rules, statues, or permit conditions violated and the alleged facts upon which
	 the determination is based. The secretary, with the concurrence of the alleged
	 violator, may settle an issue of noncompliance by entering into a compliance
	 agreement with the source that specifies the date for final compliance of the
	 source and any penalties under SDCL
	 34A-1-39. If a compliance
	 agreement is not negotiated, the department may petition the chairman of the
	 board for a contested case hearing or may file a civil penalty or injunctive
	 action in circuit court.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-20,
		34A-1-53.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:23 - Petition for contested case or alleged violation

Current through Register Vol. 51, page 10, July 15, 2024
In accordance with §
									74:36:20:22, the department may
	 file a petition containing the information required in article 74:09 with the
	 chairman to request an order directing corrective action, to request that an
	 enforcement hearing be scheduled pursuant to the provisions of chapter
	 74:09:01, or to request that the construction permit be suspended or revoked
	 for noncompliance.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-47,
		34A-1-49.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:20 - Construction permits for new sources or modifications › Section 74:36:20:24 - Circumvention of emissions not allowed

Current through Register Vol. 51, page 10, July 15, 2024
A person may not install or cause the installation or use of a device
	 or a means that conceals or dilutes an emission of air pollutants that would
	 otherwise violate this article or the Clean Air Act. This includes operating a
	 source, unit, or control device that emits pollutants into the ambient air from
	 an opening other than the stack, vent, or equivalent opening from which they
	 were designed to be emitted.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:21 - Regional haze program › Section 74:36:21:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of this chapter apply to the owner or operator of a new
	 major source, modification to a major source, and a BART-eligible source. The
	 provisions of this chapter do not apply to a major source or major modification
	 to an existing source applicable to chapters 74:36:09 and
	 74:36:10.
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 74:36:21 - Regional haze program › Section 74:36:21:03 - Existing stationary facility defined

Current through Register Vol. 51, page 10, July 15, 2024
An existing stationary facility is any of the following stationary
	 sources of air pollutants, including any reconstructed source that was not in
	 operation before August 7, 1962, and was in existence on August 7, 1977, and
	 has the potential to emit 250 tons per year or more of any air pollutant. In
	 determining potential to emit, fugitive emissions, to the extent quantifiable,
	 must be counted for:
(1) Fossil-fuel
  fired steam electric plants of more than 250 million British thermal units per
  hour heat input;
(2) Coal cleaning
  plants (thermal dryers);
(3) Kraft
  pulp mills;
(4) Portland cement
  plants;
(5) Primary zinc
  smelters;
(6) Iron and steel mill
  plants;
(7) Primary aluminum ore
  reduction plants;
(8) Primary
  copper smelters;
(9) Municipal
  incinerators capable of charging more than 250 tons of refuse per
  day;
(10) Hydrofluoric, sulfuric,
  and nitric acid plants;
(11)
  Petroleum refineries;
(12) Lime
  plants;
(13) Phosphate rock
  processing plants;
(14) Coke oven
  batteries;
(15) Sulfur recovery
  plants;
(16) Carbon black plants
  (furnace process);
(17) Primary
  lead smelters;
(18) Fuel conversion
  plants;
(19) Sintering
  plants;
(20) Secondary metal
  production facilities;
(21)
  Chemical process plants;
(22)
  Fossil-fuel boilers of more than 250 million British thermal units per hour
  heat input;
(23) Petroleum storage
  and transfer facilities with a capacity exceeding 300,000 barrels;
(24) Taconite ore processing
  facilities;
(25) Glass fiber
  processing plants; and
(26)
  Charcoal production facilities.
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 74:36:21 - Regional haze program › Section 74:36:21:04 - Visibility impact analysis

Current through Register Vol. 51, page 10, July 15, 2024
An air quality construction permit for a new major source or
	 modification to a major source shall demonstrate to the department that the
	 potential to emit from the new major source or modification to a major source
	 may be issued only if it has been shown that the operation of the new major
	 source or modification to a major source will not contribute to adverse impact
	 on visibility in any mandatory Class I federal area. If air pollution
	 dispersion modeling is required, the modeling shall be performed in accordance
	 with the air quality modeling guidance in 40 C.F.R. Part 51, Appendix W (July
	 1, 2018) and 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 (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 74:36:21 - Regional haze program › Section 74:36:21:05 - BART determination

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a BART-eligible source that emits any air
	 pollutant which may reasonably be anticipated to contribute to adverse impact
	 on visibility in any mandatory Class I federal area shall submit a BART
	 determination. The BART determination shall follow the procedures outlined in
	 40 C.F.R. § 51, Subpart Y (July 1, 2018) and must be based on an analysis
	 of the best system of continuous emission control technology available and
	 associated emission reductions achievable for each BART-eligible source. In
	 this analysis, the BART determination must take into consideration the
	 technology available, the costs of compliance, the energy and nonair quality
	 environmental impacts of compliance, any pollution control equipment in use at
	 the source, the remaining useful life of the source, and the degree of
	 improvement in visibility that may reasonably be anticipated to result from the
	 use of such technology. The BART determination shall be submitted within nine
	 months after being notified by the department that the existing stationary
	 source is reasonably anticipated to contribute to adverse impact on visibility
	 in any mandatory Class I federal area.
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 74:36:21 - Regional haze program › Section 74:36:21:06 - BART determination for a BART-eligible coal-fired power plant

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a BART-eligible coal-fired power plant may not
	 cause or permit emissions of the following regulated air pollutant in excess of
	 the following amounts:
(1) PM10
  emissions in excess of 67.3 pounds per hour, which includes periods of startup
  and shutdown;
(2) PM10 emissions in
  excess of 0.012 pounds per million Btus, which includes periods of startup and
  shutdown;
(3) Sulfur dioxide
  emissions in excess of 505 pounds per hour, which includes periods of startup,
  shutdown, and malfunction;
(4)
  Sulfur dioxide emissions in excess of 0.09 pounds per million Btus, which
  includes periods of startup, shutdown, and malfunction;
(5) Nitrogen oxide emissions in excess of 561
  pounds per hour, which includes periods of startup, shutdown, and malfunction;
  and
(6) Nitrogen oxide emissions in
  excess of 0.10 pounds per million Btus, which includes periods of startup,
  shutdown, and malfunction.
Compliance with the PM 10 emission limits shall be based on an annual
	 stack performance test using the performance testing methods in §
										74:36:11:01 and using the average
	 of three 1-hour test runs. Compliance with the sulfur dioxide and nitrogen
	 oxide emission limits shall be based on using continuous emission monitoring
	 systems and a 30-day rolling average.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.