reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:117 - National emission standards for secondary nonferrous metal processing area sources

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for secondary nonferrous metal
	 processing area sources are those in 40 C.F.R. § 63, Subpart TTTTTT (July
	 1, 2018). A source that operates a unit subject to Subpart TTTTTT is exempt
	 from the obligation to obtain a Part 70 operating permit if the source is not
	 required to obtain a Part 70 operating permit for a reason other than the
	 source is subject to Subpart TTTTTT. Exempted sources must still meet the
	 applicable requirements in Subpart TTTTTT.
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:118 - National emission standards for plating and polishing area sources

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for plating and polishing area sources
	 are those in 40 C.F.R. § 63, Subpart WWWWWW (July 1, 2018). A source that
	 operates a unit subject to Subpart WWWWWW is exempt from the obligation to
	 obtain a Part 70 operating permit if the source is not required to obtain a
	 Part 70 operating permit for a reason other than the source is subject to
	 Subpart WWWWWW. Exempted sources must still meet the applicable requirements in
	 Subpart WWWWWW.
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:119 - National emission standards for nine metal fabrication and finishing area sources

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for nine fabrication and finishing
	 area sources are those in 40 C.F.R. § 63, Subpart XXXXXX (July 1, 2018). A
	 source that operates a unit subject to Subpart XXXXXX is exempt from the
	 obligation to obtain a Part 70 operating permit if the source is not required
	 to obtain a Part 70 operating permit for a reason other than the source is
	 subject to Subpart XXXXXX. Exempted sources must still meet the applicable
	 requirements in Subpart XXXXXX.
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:120 - National emission standards for ferroalloys production area sources

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for ferroalloys production area sources
	 are those in 40 C.F.R. § 63, Subpart YYYYYY (July 1, 2018). A source that
	 operates a unit subject to Subpart YYYYYY is exempt from the obligation to
	 obtain a Part 70 operating permit if the source is not required to obtain a
	 Part 70 operating permit for a reason other than the source is subject to
	 Subpart YYYYYY. Exempted sources must still meet the applicable requirements in
	 Subpart YYYYYY.
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:121 - National emission standards for aluminum, copper, and other nonferrous foundry area sources

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for aluminum, copper, and other
	 nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart
	 ZZZZZZ (July 1, 2018). A source that operates a unit subject to Subpart ZZZZZZ
	 is exempt from the obligation to obtain a Part 70 operating permit if the
	 source is not required to obtain a Part 70 operating permit for a reason other
	 than the source is subject to Subpart ZZZZZZ. Exempted sources must still meet
	 the applicable requirements in Subpart ZZZZZZ.
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:122 - National emission standards for coal- and oil-fired electric utility steam generating units

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for coal- and oil-fired electric
	 utility steam generating units are those in 40 C.F.R. § 63, Subpart UUUUU
	 (July 1, 2018).
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:123 - National emission standards for industrial, commercial, and institutional boilers area sources

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for industrial, commercial, and
	 institutional boilers area sources are those in 40 C.F.R. § 63, Subpart
	 JJJJJJ (July 1, 2018). A source that operates a unit subject to Subpart JJJJJJ
	 is exempt from the obligation to obtain a Part 70 operating permit if the
	 source is not required to obtain a Part 70 operating permit for a reason other
	 than the source is subject to Subpart JJJJJJ. Exempted sources must still meet
	 the applicable requirements in Subpart JJJJJJ.
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:124 - National emission standards for chemical manufacturing area sources

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for chemical manufacturing area sources
	 are those in 40 C.F.R. § 63, Subpart VVVVVV (July 1, 2018). A source that
	 operates a unit subject to Subpart VVVVVV is exempt from the obligation to
	 obtain a Part 70 operating permit if the source is not required to obtain a
	 Part 70 operating permit for a reason other than the source is subject to
	 Subpart VVVVVV. Exempted sources must still meet the applicable requirements in
	 Subpart VVVVVV.
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:125 - National emission standards for asphalt processing and asphalt roofing manufacturing area sources

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for asphalt processing and asphalt
	 roofing manufacturing area sources are those in 40 C.F.R. § 63, Subpart
	 AAAAAAA (July 1, 2018). A source that operates a unit subject to Subpart
	 AAAAAAA is exempt from the obligation to obtain a Part 70 operating permit if
	 the source is not required to obtain a Part 70 operating permit for a reason
	 other than the source is subject to Subpart AAAAAAA. Exempted sources must
	 still meet the applicable requirements in Subpart AAAAAAA.
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:126 - National emission standards for chemical preparations industry area sources

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for chemical preparations industry
	 area sources are those in 40 C.F.R. § 63, Subpart BBBBBBB (July 1, 2018).
	 A source that operates a unit subject to Subpart BBBBBBB is exempt from the
	 obligation to obtain a Part 70 operating permit if the source is not required
	 to obtain a Part 70 operating permit for a reason other than the source is
	 subject to Subpart BBBBBBB. Exempted sources must still meet the applicable
	 requirements in Subpart BBBBBBB.
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:127 - National emission standards for paints and allied products manufacturing area sources

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for paints and allied products
	 manufacturing area sources are those in 40 C.F.R. § 63, Subpart CCCCCCC
	 (July 1, 2018). A source that operates a unit subject to Subpart CCCCCCC is
	 exempt from the obligation to obtain a Part 70 operating permit if the source
	 is not required to obtain a Part 70 operating permit for a reason other than
	 the source is subject to Subpart CCCCCCC. Exempted sources must still meet the
	 applicable requirements in Subpart CCCCCCC.
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:128 - National emission standards for prepared feeds manufacturing area sources

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for prepared feeds manufacturing area
	 sources are those in 40 C.F.R. § 63, Subpart DDDDDDD (July 1, 2018). A
	 source that operates a unit subject to Subpart DDDDDDD is exempt from the
	 obligation to obtain a Part 70 operating permit if the source is not required
	 to obtain a Part 70 operating permit for a reason other than the source is
	 subject to Subpart DDDDDDD. Exempted sources must still meet the applicable
	 requirements in Subpart DDDDDDD.
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:129 - National emission standards for gold mine ore processing and production area sources

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for gold mine ore processing and
	 production area sources are those in 40 C.F.R. § 63, Subpart EEEEEEE (July
	 1, 2018).
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 74:36:08 - National emission standards for hazardous air pollutants › Section 74:36:08:130 - National emission standards for polyvinyl chloride and copolymers production

Current through Register Vol. 51, page 10, July 15, 2024
The national emission standards for polyvinyl chloride and copolymers
	 production are those in 40 C.F.R. § 63, Subpart HHHHHHH (July 1,
	 2018).
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 74:36:09 - Prevention of significant deterioration › Section 74:36:09:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to all areas of the state which are designated
	 attainment or unclassifiable pursuant to § 107(d)(1)(A)(ii) and (iii) of
	 the Clean Air Act.
General Authority:
SDCL
		34A-1-6,
		34A-1-18.
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 74:36:09 - Prevention of significant deterioration › Section 74:36:09:01.01 - Prevention of significant deterioration permit required

Current through Register Vol. 51, page 10, July 15, 2024
New major stationary sources or major modifications to existing major
	 stationary sources that locate in an attainment or unclassified area must
	 obtain a prevention of significant deterioration permit prior to beginning
	 actual construction.
General Authority:
SDCL
		34A-1-6,
		34A-1-18.
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 74:36:09 - Prevention of significant deterioration › Section 74:36:09:02 - Prevention of significant deterioration

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of this chapter, the state's definitions and
	 requirements for the prevention of significant deterioration are those in
	 40 C.F.R. §
										52.21 (July 1, 2018), except for
	 40 C.F.R. §
										52.21(a)(1), (a)(2)(iv)(e), (b)(2)(iii)(h), (b)(3)(iii)(b),
	 (b)(32), (b)(42), (b)(49)(v), (b)(55), (b)(56), (b)(57), (b)(58), (f), (k)(2),
	 (q), (s), (t), (u), (x), (y), (z), and (cc)
	 (July 1, 2018) with the following differences:
(1) For the purposes of this section, all
  terms defined in this section have the meaning defined in
  40 C.F.R. §
										52.21, except for the term "administrator"
  which means the secretary with the following exceptions:
(a) In
  40 C.F.R. §§
											52.21(b)(3)(iii) and
  52.21(b)(37)(iii),
  the term "administrator" means either the secretary or the administrator of
  EPA, as applicable;
(b) In
  40 C.F.R. §§
											52.21(w)(2) to
  52.21(w)(4),
  inclusive, the term "administrator" means either the secretary or the
  administrator of EPA, as applicable;
(c) In
  40 C.F.R. §§
											52.21(b)(17);
  52.21(b)(37)(i);
  52.21(b)(43);
  52.21(b)(48)(ii)(c);
  52.21(b)(50)(i);
  52.21(g)(1) to
  52.21(g)(6),
  inclusive; 52.21(l)(2); and 52.21(p)(2) the term "administrator" means the
  administrator of EPA;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:09 - Prevention of significant deterioration › Section 74:36:09:03 - Public participation

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of this chapter, the state's public participation
	 procedures are those in 40
	 C.F.R. §
										51.166(q)
	 (July 1, 2018), excluding the phrase "The plan shall provide that..." with the
	 following differences:
(1) For the
  purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing
  authority" means the secretary;
(2)
  For the purposes of this section, in
  40 C.F.R. §
										51.166(q)(1) the phrase
  "specified time period" means 60 days;
(3) For the purposes of this section, in
  40 C.F.R. §
										51.166(q)(2)(iv), the term
  "administrator" means the administrator of EPA;
(4) For the purposes of this section, in
  40 C.F.R. §
										51.166(q)(2)(iii), the
  phrase "Notify the public" shall consist of a public notice once in a legal
  newspaper in the county where the proposed source would be constructed. The
  public notice shall include a statement that a person may submit comments or
  contest the draft permit within 30 days after the publication of the notice.
  The statement shall also describe the procedures a person must follow to
  contest the draft permit and request a hearing in accordance with article
  74:09;
(5) For the purposes of this
  section, in 40 C.F.R. §
										51.166(q)(2)(v), a public
  hearing is required if a person contests the draft permit or contests the
  secretary's final determination and requests a hearing in accordance with
  article 74:09; and
(6) For the
  purposes of this section, in 40 C.F.R. §
										51.166(q)(2) (viii), if a
  request for a contested case hearing is not submitted during the public notice
  period, the secretary shall make a final determination within 30 days of the
  end of the public comment period on the draft permit. The secretary shall
  notify, in writing, the applicant and each person that submitted written
  comments or requested notice of the final determination. The notice shall
  include reference to the procedures for contesting the final determination and
  requesting a hearing in accordance with article 74:09 within 30 days of
  receiving the secretary's final determination. If no person comments on a draft
  permit, requests changes, or contests the draft permit during the public notice
  period, the draft permit automatically becomes the secretary's final
  determination and is issued at the end of the public notice period.
General Authority:
SDCL
		34A-1-6,
		34A-1-18.
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 74:36:10 - New source review › Section 74:36:10:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to areas of the state which are designated as
	 nonattainment pursuant to § 107 of the Clean Air Act for any pollutant
	 regulated under 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 74:36:10 - New source review › Section 74:36:10:02 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of this chapter, the definitions for new source
	 review are those in 40
	 C.F.R. §
										51.165(a)(1),
	 except for the second sentence of
	 40 C.F.R. §
										51.165(a)(1)(v)(C)(1), and
	 40 C.F.R. §
										51.165(a)(1)(v)(G), (a)(1)(vi)(C)(3),
	 (a)(1) (xliii), (a)(1)(xliv), (a)(1)(xlv),
	 and (a)(1)(xlvi) (July 1, 2018).
For the purposes of this chapter, the term, Act, means the Clean Air
	 Act.
For the purposes of this section, the term, reviewing authority, means
	 the secretary.
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 74:36:10 - New source review › Section 74:36:10:03.01 - New source review preconstruction permit required

Current through Register Vol. 51, page 10, July 15, 2024
New major stationary sources or major modifications to existing major
	 sources must obtain a preconstruction permit before beginning actual
	 construction if they are located in the following areas:
(1) An attainment or unclassified area if the
  source would cause or contribute to a violation of any national ambient air
  quality standard; or
(2) An area
  designated nonattainment for any national ambient air quality standard if the
  source is major for the pollutant for which the area is designated
  nonattainment.
Except as provided by a plant-wide applicability limit, a proposed
	 project is considered a major modification to an existing major source if the
	 proposed project meets the criteria in
	 40 C.F.R. §
											51.165(a)(2)(ii)(A) to (F),
	 inclusive, (July 1, 2018).
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-6,
		34A-1-21.
The procedural requirements for obtaining a preconstruction permit
		under the new source review program are similar to the procedural requirements
		for a Part 70 source, such as a timely and complete application, completeness
		review, statement of basis, public participation, and departmental
		recommendation, as outlined in §§
											74:36:05:08 to
		74:36:05:20.01,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:10 - New source review › Section 74:36:10:05 - New source review preconstruction permit

Current through Register Vol. 51, page 10, July 15, 2024
A new source review preconstruction permit must satisfy the following
	 criteria before beginning actual construction:
(1) All requirements for new source
  performance standards in chapter 74:36:07 that apply to the facility;
(2) Compliance with the lowest achievable
  emission rate (LAER);
(3)
  Certification of compliance that all other major sources, major modifications,
  or reconstructed facilities that are owned, operated, or controlled by the
  applicant either in whole or in part elsewhere in the state are in compliance
  with all applicable emission limitations and standards; and
(4) The total tonnage of increased emissions,
  in tons per year, resulting from a major modification that must be offset shall
  be determined by summing the difference between the allowable emissions after
  the modification and the actual emissions before the modification for each
  emissions unit. Emissions offsets are determined in accordance with §
									74:36:10:07.The owner or operator
  may apply for a plant-wide applicability limit. The procedures for a plant-wide
  allowable limit are those in 40 C.F.R. §
										51.165(f)(1) to
  (f)(15), inclusive, (July 1, 2018).
Approval to construct does not relieve an owner or operator of the
	 responsibility to comply fully with applicable provisions of this article or
	 the Clean Air Act and any other requirements under local, state, or federal
	 law.
Submission of preconstruction monitored or projected ambient air
	 quality data, or both, from the proposed source must accompany the permit
	 application. In addition, air quality dispersion modeling and meteorological
	 data for the prescribed area may be required by the department. Costs of these
	 requirements must be absorbed by the proposed source.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6,
		34A-1-22.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:10 - New source review › Section 74:36:10:06 - Causing or contributing to a violation of any national ambient air quality standard

Current through Register Vol. 51, page 10, July 15, 2024
This section applies to any major stationary source or major
	 modification to an existing major source that is located in an attainment or
	 unclassifiable area that may cause or contribute to violation of a national
	 ambient air quality standard. A major stationary source or major modification
	 to an existing major source is considered to cause or contribute to a violation
	 of a national ambient air quality standard if the source or modification would,
	 at a minimum, exceed the following significance levels at any locality that
	 does not or would not meet the applicable national standard:
POLLUTANT AND SIGNIFICANT LEVELS
Averaging time (hours)
Annual
24
8
3
1
(1) SO2:
1.0 ug/m3
5 ug/m3
-
25 ug/m3
-
(2) PM10:
1.0 ug/m3
5 ug/m3
-
-
-
(3) NO2:
1.0 ug/m3
-
-
-
-
(4) CO
-
-
0.5 mg/m3
-
2 mg/m3
The owner or operator of a new major stationary source or major
	 modification to an existing major source may reduce the impact of its emissions
	 on air quality by obtaining emission offsets to compensate for its adverse
	 ambient impact where the new major source or major modification to an existing
	 major source would otherwise cause or contribute to a violation of the national
	 ambient air quality standard. The procedures for determining credit for
	 emission offsets are those in §
									74:36:10:07.
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 74:36:10 - New source review › Section 74:36:10:08 - Projected actual emissions

Current through Register Vol. 51, page 10, July 15, 2024
Any owner or operator who proposes a project for existing emissions
	 units at a major stationary source that is not considered a major modification
	 based on projected actual emissions but may result in a significant emission
	 increase shall comply with the requirements in
	 40 C.F.R. §
										51.165(a)(6)(i) to (vi),
	 inclusive, (July 1, 2018). This section does not apply to a source with a
	 plant-wide applicability limit.
The owner or operator shall make the information required to be
	 documented in 40 C.F.R.
	 §
										51.165(a)(6)(i) to
	 (vi), inclusive, (July 1, 2018) available for
	 review upon a request for inspection by the secretary or the general public
	 pursuant to the requirements contained in
	 40 C.F.R. §
										70.4(b)(3) (viii) (July 1,
	 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 74:36:11 - Performance testing › Section 74:36:11:01 - Stack performance testing or other testing methods

Current through Register Vol. 51, page 10, July 15, 2024
All stack performance tests or other test methods must be made in
	 accordance with the applicable method specified in
	 40 C.F.R. §
										60.17; Part 60, Appendix A; § 63.14;
	 Part 63, Appendix A; and Part 51, Appendix M (all July 1,
	 2018).
General Authority:
SDCL
		34A-1-6,
		34A-1-12.
Law Implemented:
SDCL
		34A-1-12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:11 - Performance testing › Section 74:36:11:02 - Secretary may require performance tests

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may conduct or require a performance test of emissions,
	 including stack sampling, for air pollutants from any source to determine
	 compliance with regulated pollutant emission standards. Upon the request of the
	 secretary, the owner or operator of the source to be tested must provide
	 necessary ports in stacks or ducts and any other safe and applicable sampling
	 and testing facilities necessary for determination of the emissions of air
	 pollutants. The results of the required performance test must be submitted to
	 the department within 60 days after the completion of the performance test or
	 as designated by the department.
General Authority:
SDCL
		34A-1-6,
		34A-1-12.
Law Implemented:
SDCL
		34A-1-12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:11 - Performance testing › Section 74:36:11:03 - Notice to department of performance test

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of an affected facility shall notify the
	 department at least 10 days before the start of a performance test to arrange
	 for an agreeable test date when a department representative may observe the
	 test.
General Authority:
SDCL
		34A-1-6,
		34A-1-12.
Law Implemented:
SDCL
		34A-1-12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:11 - Performance testing › Section 74:36:11:04 - Testing new fuels or raw materials

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a permitted source may request permission to
	 test a new fuel or raw material to determine if it is compatible with existing
	 equipment and to determine air emission rates before requesting a permit
	 amendment or modification. A complete request shall consist of:
(1) A written proposal that describes the new
  fuel or raw material;
(2) An
  estimate of the type and amount of regulated air pollutant emissions that will
  result from the change; and
(3) The
  schedule for conducting the test and the duration of the test. In most cases
  the owner or operator will be allowed to test for a maximum of one week. A
  request for a test period longer than one week will need additional
  justification. A test period shall not exceed 180 days.
Within 45 days after receipt of a complete proposal to conduct a test,
	 the department shall notify the owner or operator in writing as to whether or
	 not the department approves the test. If approved, the department's written
	 response shall specify the schedule for conducting the test and outline the
	 test requirements. The requirements may include performance testing, visible
	 emission evaluation, fuel analysis, dispersion modeling, and monitoring of raw
	 material or fuel rates.
If the department determines that the change will increase an emission
	 of a regulated air pollutant or result in the emission of an additional
	 regulated air pollutant, the department shall give public notice of the
	 proposed test for 30 days. The department shall consider all comments received
	 during the 30-day public comment period before making a final decision on the
	 test.
The department will not approve a test if the test would cause or
	 contribute to a violation of a national ambient air quality
	 standard.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6,
		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 74:36:12 - Control of visible emissions › Section 74:36:12:01 - Restrictions on visible emissions

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a source may not discharge into the ambient
	 air from a single unit of emissions an air pollutant of a density equal to or
	 greater than that designated as 20 percent opacity, as established by the
	 Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A
	 (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 74:36:12 - Control of visible emissions › Section 74:36:12:02 - Exceptions to restrictions

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of §
									74:36:12:01 do not apply in the
	 following circumstances:
(1) If the
  presence of uncombined water is the only reason for failure to meet the
  requirements of §
									74:36:12:01;
(2) If smoke is emitted for the purpose of
  training or research and is approved by the department; and
(3) For brief periods during soot blowing,
  start-up, shut-down, and malfunctions.
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 74:36:12 - Control of visible emissions › Section 74:36:12:03 - Exceptions granted to alfalfa palletizes or dehydrators

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a facility that pelletizes or dehydrates
	 alfalfa, or that does both, may discharge into the ambient air an air pollutant
	 of a density no greater than 30 percent opacity, as established by the
	 Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A
	 (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 74:36:13 - Continuous emission monitoring systems › Section 74:36:13:01 - Secretary may require continuous emission monitoring systems (CEMS)

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may require major stationary air pollution sources to
	 install, calibrate, operate, and maintain equipment approved by the department
	 for the continuous monitoring and recording of emission data to determine
	 compliance with a regulated air pollutant standard or where there is reason to
	 believe there is a violation.
General Authority:
SDCL
		34A-1-6,
		34A-1-12.
Law Implemented:
SDCL
		34A-1-12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:13 - Continuous emission monitoring systems › Section 74:36:13:02 - Minimum performance specifications for all continuous emission monitoring systems

Current through Register Vol. 51, page 10, July 15, 2024
Minimum performance specifications for all continuous emission
	 monitoring systems are those contained in 40 C.F.R. Part 60, Appendix B and
	 40 C.F.R. §
										60.13 (July 1, 2018).
General Authority:
SDCL
		34A-1-6,
		34A-1-12.
Law Implemented:
SDCL
		34A-1-12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:13 - Continuous emission monitoring systems › Section 74:36:13:03 - Reporting requirements

Current through Register Vol. 51, page 10, July 15, 2024
Owners or operators of those sources required to install continuous
	 emission monitoring systems shall observe the reporting requirements contained
	 in 40 C.F.R. §
										60.7 (July 1, 2018). All records must be made
	 available to the department on request.
General Authority:
SDCL
		34A-1-6,
		34A-1-12.
Law Implemented:
SDCL
		34A-1-12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:13 - Continuous emission monitoring systems › Section 74:36:13:04 - Notice to department of exceedance

Current through Register Vol. 51, page 10, July 15, 2024
Any emissions that exceed the standards listed in 40 C.F.R. Part 60
	 (July 1, 2018) or this article that are detected through continuous emission
	 monitoring systems (CEMS) must be reported to the department within the time
	 constraints as determined by the secretary in the permit to
	 operate.
General Authority:
SDCL
		34A-1-6,
		34A-1-12.
Law Implemented:
SDCL
		34A-1-12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:13 - Continuous emission monitoring systems › Section 74:36:13:05 - Compliance determined by data from continuous emission monitor

Current through Register Vol. 51, page 10, July 15, 2024
The emissions data from a continuous emission monitor on a unit shall
	 be used to monitor compliance. The compliance requirements for the continuous
	 emission monitor data shall be placed in the conditions of the permit to
	 operate.
General Authority:
SDCL
		34A-1-6,
		34A-1-12.
Law Implemented:
SDCL
		34A-1-12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:13 - Continuous emission monitoring systems › Section 74:36:13:06 - Compliance certification

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding any other provision in any plan approved by the
	 administrator, for the purpose of submission of compliance certifications an
	 owner or operator may use monitoring as required under
	 40 C.F.R. §
										70.6(a)(3) (July 1, 2018)
	 and incorporated into a federally enforceable operating permit in addition to
	 any specified compliance methods.
General Authority:
SDCL
		34A-1-6,
		34A-1-12.
Law Implemented:
SDCL
		34A-1-12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:13 - Continuous emission monitoring systems › Section 74:36:13:07 - Credible evidence

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding any other provision, any credible evidence may be used
	 for the purpose of establishing whether a person has violated or is in
	 violation of a plan. Credible evidence is as follows:
(1) Information from the use of the following
  methods is presumptively credible evidence of whether a violation has occurred
  at the source:
(a) A monitoring method
  approved for the source pursuant to
  40 C.F.R. §
											70.6(a)(3) (July 1, 2018)
  and incorporated in a federally enforceable operating permit;
(b) Compliance methods specified in the
  applicable plan; and
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:13 - Continuous emission monitoring systems › Section 74:36:13:08 - Compliance assurance monitoring

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a unit that is subject to
	 40 C.F.R. §
										64.2 (July 1, 2018), must comply with
	 40 C.F.R. §§
										64.1 and
	 64.3 to
	 64.10, inclusive, (July 1,
	 2018).
General Authority:
SDCL
		34A-1-6,
		34A-1-12.
Law Implemented:
SDCL
		34A-1-12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:16 - Acid rain program › Section 74:36:16:01 - General provisions

Current through Register Vol. 51, page 10, July 15, 2024
The following provisions are incorporated by reference:
	 40 C.F.R. §§
										72.2 to
	 72.85, inclusive, (July 1, 2018)
	 except for the following definitions in § 72.2: Environmental Appeals
	 Board, EPA trial staff, ex parte communication, hearing clerk, presiding
	 officer, and state operating permit program and except for §§ 72.4,
	 72.5, 72.6(c), 72.10, 72.12, 72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to
	 72.71, inclusive, 72.73, and 72.74. For the purposes of this chapter,
	 "administrator" means the secretary, except for those authorities which cannot
	 be delegated to the state, in which case "administrator" means the
	 administrator of the Environmental Protection Agency.
General Authority:
SDCL
		34A-1-6,
		34A-1-18.
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 74:36:16 - Acid rain program › Section 74:36:16:02 - Allowance system

Current through Register Vol. 51, page 10, July 15, 2024
The allowance system for the acid rain program is that in
	 40 C.F.R. §§
										73.1 to
	 73.53, inclusive, (July 1,
	 2018).
General Authority:
SDCL
		34A-1-6,
		34A-1-18.
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 74:36:16 - Acid rain program › Section 74:36:16:03 - Reserved

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34A-1-6,
		34A-1-18.
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 74:36:16 - Acid rain program › Section 74:36:16:04 - Continuous emission monitoring

Current through Register Vol. 51, page 10, July 15, 2024
The continuous emission monitoring requirements for the acid rain
	 program are those in 40
	 C.F.R. §§
										75.1 to
	 75.67, inclusive, (July 1, 2018)
	 and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 (July 1,
	 2018).
General Authority:
SDCL
		34A-1-6,
		34A-1-18.
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 74:36:16 - Acid rain program › Section 74:36:16:05 - Nitrogen oxides emission reduction

Current through Register Vol. 51, page 10, July 15, 2024
The nitrogen oxides emission reduction requirements for the acid rain
	 program are those in 40
	 C.F.R. §§
										76.1 to 76.16, inclusive,
	 (July 1, 2018).
General Authority:
SDCL
		34A-1-6,
		34A-1-18.
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 74:36:17 - Rapid City street sanding and deicing › Section 74:36:17:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This rule applies to the application of or removal of any street
	 sanding or deicing materials on the streets in the Rapid City zone. The Rapid
	 City zone comprises the streets within the city limits of Rapid City bordered
	 on the west and south by the city limits, on the north by the southern
	 right-of-way boundary of Interstate 90, and on the east by the eastern
	 right-of-way boundary of Highway 79.
General Authority:
SDCL
		34A-1-6,
		34A-1-15.
Law Implemented:
SDCL
		34A-1-6,
		34A-1-15,
		34A-1-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:17 - Rapid City street sanding and deicing › Section 74:36:17:02 - Reasonable available control technology

Current through Register Vol. 51, page 10, July 15, 2024
Any operation to which this rule applies shall provide for reasonable
	 available control technology to prevent the entrainment or reentrainment of
	 road dust into the ambient air. Such controls include the following
	 practices:
(1) For operations
  involving the application of street sanding material and deicing agents on
  paved roads:
(a) Utilizing forecasting of
  weather events to determine whether to pretreat roads with deicing agent or to
  apply no treatment;
(b) Monitoring
  street temperatures to determine if deicing agents or street sanding materials
  need to be applied;
(c) Limiting
  the application of street sanding material to intersections, inclined and
  curved roads, school zones, hospital zones, emergency routes, and fire station
  zones to the greatest extent possible; unless icy conditions exist;
  and
(d) The use of pretreatment
  deicing or antiskid agents in place of aggregate street sanding materials to
  the greatest extent possible;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:17 - Rapid City street sanding and deicing › Section 74:36:17:03 - Street sanding specifications

Current through Register Vol. 51, page 10, July 15, 2024
The following are the street sanding specifications to be used in the
	 Rapid City zone:
(1) A durability or
  hardness as defined in Mohs scale of greater than 6 for 70 percent of the
  material applied to the streets for deicing or skid control;
(2) No more than 3 percent of the total
  particle material content by weight may pass through a No. 200 sieve as
  described in ASTM C136-93, "Standard Test Method for Sieve Analysis of Fine and
  Course Aggregates," November 1993.
For street sanding material, these criteria only apply to the material
	 before the addition of salts or chemicals. Material of a lesser hardness may be
	 used on inclined or curved roads for safety purposes or where it can be
	 demonstrated that a material can provide at least a 25 percent reduction in air
	 pollutants.
General Authority:
SDCL
		34A-1-6,
		34A-1-15.
Law Implemented:
SDCL
		34A-1-6,
		34A-1-15,
		34A-1-19,
		34A-1-38.
Page 49 and 50,
Physical Geology the Structure and Processes of
		the Earth, 1982
, B. Clark Burchfiel, et al, Charles E. Merrill
		Publishing Company. Copies may be obtained from the Department of Environment
		and Natural Resources free of charge.
Standard Test Method for Sieve Analysis of Fine and Course
		Aggregates
, designation C 136-93, 4 pages, American Society for Testing
		and Materials, November 1993. Copies are available from ASTM, 100 Barr Harbor
		Drive, West Conshohocken, PA 19428-2959. Cost:
		$15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:17 - Rapid City street sanding and deicing › Section 74:36:17:04 - Street sanding and deicing plan

Current through Register Vol. 51, page 10, July 15, 2024
Any state, county, or municipal entity or their contractor with a
	 street sanding or deicing operation in the Rapid City zone shall submit a plan
	 to the department on April 15, 1996, and every three years following that date.
	 The department shall approve or disapprove the plan within 60 days after
	 receiving it, unless the department requests further information. The entity
	 has 20 days to reply to a request for further information. The day the
	 department receives the requested information initiates a new 60-day approval
	 or disapproval period. The plan must include the following:
(1) A description of the reasonable available
  control technologies in §
									74:36:17:02 that the entity
  intends to use;
(2) A description
  of how the requirements in §
									74:36:17:03 will be
  attained;
(3) A description of the
  test methods used in determining attainment with §
									74:36:17:03;
(4) An emissions inventory of the streets in
  the Rapid City zone;
(5) A map
  identifying street cleaning areas, frequency of cleaning, priorities, and the
  type of street cleaning device used in each area.
If elements of the approved plan change during the three year period,
	 the entity shall submit the modifications to the department for approval. The
	 procedure for approval or disapproval of the modifications is the same as the
	 procedure for the original plan.
General Authority:
SDCL
		34A-1-6,
		34A-1-15.
Law Implemented:
SDCL
		34A-1-6,
		34A-1-12,
		34A-1-15,
		34A-1-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:17 - Rapid City street sanding and deicing › Section 74:36:17:05 - Street sanding and sweeping recordkeeping

Current through Register Vol. 51, page 10, July 15, 2024
Operators of street sanding and sweeping equipment working in the Rapid
	 City zone shall maintain records to document the street sanding and sweeping
	 operations. These records shall be maintained for at least two years. These
	 records shall contain the following documentation:
(1) Street sanding:
(a) Date;
(b) Sanding route and area;
(c) Street conditions;
(d) Type and amount of sanding material used;
  and
(e) Miles driven;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:17 - Rapid City street sanding and deicing › Section 74:36:17:06 - Inspection authority

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may enter the storage site of any user of street sanding
	 material covered by this chapter for the purpose of obtaining samples of
	 materials, inspecting records, or conducting any inspection authorized under
	 SDCL chapter 34A-1.
General Authority:
SDCL
		34A-1-6,
		34A-1-15.
Law Implemented:
SDCL
		34A-1-6,
		34A-1-13,
		34A-1-15,
		34A-1-38,
		34A-1-41.