reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:31 - Permit amendment - Application required

Current through Register Vol. 51, page 10, July 15, 2024
An amendment to a permit can be applied for at any time by the
	 submittal of an application. The application must specify whether the requested
	 permit revision is an administrative permit amendment, a minor permit
	 amendment, or a permit modification. The application shall contain the
	 necessary information required for an administrative permit amendment, minor
	 permit amendment, or permit modification.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:32 - Administrative permit amendment required

Current through Register Vol. 51, page 10, July 15, 2024
An administrative permit amendment may be issued for a revision to a
	 permit meeting the requirements of §
									74:36:01:03. An application for an
	 administrative permit amendment shall contain a description of the change and
	 documentation supporting the applicant's claim the revision qualifies as an
	 administrative permit amendment.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:33 - Procedure for administrative permit amendments

Current through Register Vol. 51, page 10, July 15, 2024
An administrative permit amendment shall be made by the department
	 without being subject to advance notice or the procedural requirements
	 applicable to a permit modification. The department shall take no more than 60
	 days from receipt of an application for an administrative permit amendment to
	 take final action on the application. The department may make such changes
	 without providing notice to the public or affected states if it designates any
	 such permit revisions as being made pursuant to this section. The department
	 shall submit a copy of the revised permit to EPA. The source may implement the
	 changes addressed in the application for an administrative amendment
	 immediately upon submitting the application.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:34 - Minor permit amendment required

Current through Register Vol. 51, page 10, July 15, 2024
A Part 70 source may request a minor permit amendment under
	 §§
									74:36:05:35 to
	 74:36:05:38, inclusive, for a
	 change that does not constitute a modification and is not prohibited under any
	 applicable requirement under Title I of the Clean Air Act.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-12,
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:35 - Requirements for minor permit amendments

Current through Register Vol. 51, page 10, July 15, 2024
A minor permit amendment is an amendment to an existing permit and is
	 issued by the secretary. A minor permit amendment may be issued by the
	 secretary if the proposed revision meets the following requirements:
(1) It does not violate any applicable
  requirement;
(2) It does not
  involve significant changes to existing monitoring, reporting, or record
  keeping requirements in the permit;
(3) It does not require or change a
  case-by-case determination of an emission limit or other standard, a
  source-specific determination for temporary sources of ambient impacts, or a
  visibility or increment analysis;
(4) It does not seek to establish or change a
  permit term or condition for which there is no corresponding underlying
  applicable requirement that the source has assumed to avoid an applicable
  requirement, a federally enforceable emissions cap assumed to avoid
  classification as a modification under any provision of Title I, and an
  alternative emissions limit approved pursuant to regulations promulgated under
  § 112(i)(5) of the Clean Air Act; and
(5) It does not constitute a modification
  under Title I 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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:36 - Application for minor permit amendment

Current through Register Vol. 51, page 10, July 15, 2024
An application for a minor permit amendment shall include the
	 following:
(1) A description of the
  proposed change, the resulting change in emissions, and any new applicable
  requirements;
(2) The source's
  suggested draft permit;
(3)
  Certification by a responsible official that the proposed revision meets the
  applicable requirements of a minor permit amendment; and
(4) Completed forms for notifying EPA and any
  affected states.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:37 - Notification of EPA and affected states required

Current through Register Vol. 51, page 10, July 15, 2024
The department shall notify EPA and any affected states within five
	 working days after receipt of a complete minor permit amendment
	 application.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:38 - Department deadline to approve minor permit amendment

Current through Register Vol. 51, page 10, July 15, 2024
The department shall take the following final action on a proposed
	 minor permit amendment within 90 days after receipt of a complete application
	 for a minor permit amendment or 15 days after the end of EPA's 45-day review
	 period, whichever is later:
(1) Issue
  the minor permit amendment as proposed;
(2) Deny the minor permit amendment
  application;
(3) Determine that the
  requested minor permit amendment should be processed as a permit modification;
  or
(4) Revise the proposed minor
  permit amendment and transmit the revised amendment to EPA.
The department is not required to public notice a minor permit
	 amendment; but the final permit decision for a minor permit amendment must be
	 submitted to EPA for a 45-day review. The department may not issue a final
	 permit for a minor permit amendment until after EPA's 45-day review or until
	 EPA has notified the department that EPA will not object to the issuance of the
	 minor permit amendment. The source may implement a proposed revision that is
	 considered a minor permit amendment seven days after submitting a complete
	 application.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:39 - Permit modifications

Current through Register Vol. 51, page 10, July 15, 2024
Permit modifications are subject to the same procedural requirements in
	 §§
									74:36:05:08 to
	 74:36:05:23, inclusive, as the
	 original permit issuance, except that the required review covers only the
	 proposed changes rather than the unchanged activities of the
	 permittee.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:39.01 - 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 the permit revision or 15 days after the end of EPA's
	 45-day review period, whichever is later:
(1) Issue the permit revision as
  proposed;
(2) Deny the application
  for a permit revision; or
(3)
  Determine the requested permit revision should be processed as a permit
  modification.
The department is not required to public notice an insignificant
	 increase in allowable emissions; but the final permit decision for an
	 insignificant increase in allowable emissions must be submitted to EPA for a
	 45-day review. The department may not issue a final permit for an insignificant
	 increase in allowable emissions until after EPAs 45-day review or until EPA has
	 notified the department that EPA will not object to the issuance of the permit
	 revision.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:40 - Reopening operating permit for cause

Current through Register Vol. 51, page 10, July 15, 2024
The department may reopen and revise an operating permit for the
	 following reasons:
(1) Additional
  requirements of the Clean Air Act become applicable to a major source subject
  to a Part 70 operating permit and for which three years or more remain on the
  term of the permit. Such reopenings or revisions shall be made not more than 18
  months after the promulgation of the relevant standard or regulations. Such
  reopenings or revisions are not required if the effective date of the
  requirement is later than the date on which the permit is due to
  expire;
(2) Additional requirements
  become applicable to an affected source under Title IV of the Clean Air
  Act;
(3) There is a determination
  by the department or EPA that the permit contains inaccurate statements or
  material mistakes in establishing the emission standard limitations on other
  requirements of the permit; or
(4)
  The department or EPA determines that the permit must be revised or revoked to
  assure compliance with the applicable requirements of the Clean Air Act or this
  article.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:41 - Procedures to reopen permit

Current through Register Vol. 51, page 10, July 15, 2024
Reopening a permit shall follow the procedural requirements to issue an
	 initial permit and shall affect only those parts of the permit for which cause
	 to reopen exists. The department shall follow the procedural requirements for
	 initial permit issuance and shall notify the source at least 30 days before
	 reopening a permit issued to the source. The department may provide a shorter
	 notice in an emergency.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:42 - Reopening permit for cause by EPA

Current through Register Vol. 51, page 10, July 15, 2024
Within 90 days after EPA notifies the department and permittee that
	 cause exists to terminate, revise, or revoke and reissue a permit, the
	 department shall submit to EPA a proposed determination of termination,
	 revision, or revocation and reissuance.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:43 - EPA review of proposed determination

Current through Register Vol. 51, page 10, July 15, 2024
After EPA review of the proposed determination, the department has 90
	 days from receipt of an EPA objection to resolve the
	 rejection.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:44 - Department failure to submit proposed determination

Current through Register Vol. 51, page 10, July 15, 2024
Department failure to submit a proposed determination within the 90-day
	 period in §
									74:36:05:42 or failure to resolve
	 the objection in §
									74:36:05:43 will result in
	 termination, revision, or revocation and reissuance of the permit by EPA after
	 the permittee receives 30 days written notice from the EPA of the reasons for
	 the action and the permittee has an opportunity for comment and hearing by EPA
	 on the proposed action.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:46 - Permit termination, modification, revocation, and reissuance by department

Current through Register Vol. 51, page 10, July 15, 2024
The department may terminate, revise, or revoke permits for violations
	 of the Clean Air Act or this article or for nonpayment of a fee. Invalidation
	 of the acid rain portion of an operating permit does not affect the continuing
	 validity of the rest of the operating permit, nor does invalidation of any
	 other portion of the operating permit affect the continuing validity of the
	 acid rain portion of the 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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:47 - Notice of operating noncompliance - Contents

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines that the operation of a source is not in
	 compliance with the rules, statutory requirements, or permit conditions, the
	 department may issue a notice of such findings to the permit holder or operator
	 of the source. The notice must contain citations to the rules, statutes, or
	 permit conditions violated, reference to this section, 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 specifying a
	 compliance agreement, which may include a penalty under SDCL
	 34A-1-39 and the date for final
	 compliance of the source. If a compliance agreement can not be 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,
		34A-1-21.
Law Implemented:
SDCL
		1-26-20,
		34A-1-39,
		34A-1-53.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:47.01 - 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 which 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 which 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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:48 - Petition for contested case on alleged violation

Current through Register Vol. 51, page 10, July 15, 2024
In accordance with §
									74:36:05:47, the department may
	 file a petition containing the information required in article 74:09 to request
	 an order directing corrective action, that an enforcement hearing be scheduled
	 pursuant to the provisions of article 74:09, or that the 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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:50 - Federal enforceability of permit conditions

Current through Register Vol. 51, page 10, July 15, 2024
All terms and conditions of a Part 70 operating permit issued pursuant
	 to this article, including any provisions designed to limit a source's
	 potential to emit, are federally enforceable, except those conditions imposed
	 by the department that are not required under the Clean Air Act. The conditions
	 imposed by the department that are not required under the Clean Air Act must be
	 specifically designated as not being federally enforceable.
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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:51 - General permits

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may issue a general permit to a category of air pollution
	 sources that meets the following:
(1)
  Involve the same or substantially similar types of operations;
(2) Require the same or similar type of air
  emission limits; and
(3) Require
  the same or similar record keeping and monitoring.
If a general permit has been issued by the secretary, all sources
	 covered by the general permit shall apply for permission to operate under the
	 general permit. Such sources may not be constructed or operate until they are
	 granted coverage under the general permit, or until they obtain an individual
	 permit if required by the secretary.
General Authority:
SDCL
		34A-1-21.
Law Implemented:
SDCL
		34A-1-56.
Note:
The procedural requirements for obtaining a
		general permit under this chapter are similar to the procedural requirements
		for a Part 70 source, such as a timely and complete application, completeness
		review, public participation, and departmental recommendation, as outlined in
		§§
											74:36:05:08 to
		74:36:05:23,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:52 - Secretary may require an individual permit

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may require any source applying for a general permit or
	 operating under a general permit to apply for and obtain an individual air
	 quality permit. Individual air quality permits may be required at the
	 discretion of the secretary, including under the following
	 circumstances;
(1) The owner or
  operator is not in compliance with the conditions of its existing individual
  air permit prior to applying for the general permit; or
(2) The owner or operator is not in
  compliance with the conditions of the general permit.
General Authority:
SDCL
		34A-1-21.
Law Implemented:
SDCL
		34A-1-56.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:06 - Regulated air pollutant emissions › Section 74:36:06:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
Any unit required to be permitted under this article must comply with
	 the standards and requirements in this chapter except as otherwise specified in
	 chapter 74:36:07, 74:36:08, 74:36:09, 74:36:10, or 74:36:16.
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 74:36:06 - Regulated air pollutant emissions › Section 74:36:06:02 - Allowable emissions for fuel-burning units

Current through Register Vol. 51, page 10, July 15, 2024
An owner or operator of a fuel-burning unit may not cause or permit
	 emissions of the following regulated air pollutants from the combustion of
	 solid, gaseous, or liquid fuels that exceed the following allowable emissions
	 limits that apply to the fuel-burning unit:
(1) Particulate matter:
(a) A fuel-burning unit with heat input
  values less than 10 million Btus per hour may not exceed .6 pounds of
  particulate matter per million Btus of heat input; and
(b) A fuel-burning unit with a heat input
  equal to or greater than 10 million Btus per hour may not exceed the
  particulate emissions rate determined by the following equation:
E = 0.811H
-0.131
, where
E = the allowable particulate emissions rate in pounds per million Btus
	 of heat input and
H = heat input in millions of Btus per hour;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:06 - Regulated air pollutant emissions › Section 74:36:06:03 - Allowable emissions for process industry units

Current through Register Vol. 51, page 10, July 15, 2024
An owner or operator who operates a process industry unit may not cause
	 or permit emissions of the following regulated air pollutants from any unit in
	 excess of the amount expressed in the equation allocated to the unit listed in
	 this section:
(1) Particulate matter:
(a) The allowable particulate emissions rate
  for process industry units with process weight rates up to 60,000 pounds per
  hour shall be determined by use of the following equation:
E = 4.10 x P
0.67
, and
(b) The allowable particulate
  emissions rate for process industry units with process weight rates in excess
  of 60,000 pounds per hour shall be determined by use of the following equation:
E = [55.0 x P
0.11
] - 40,
	 where
E = the rate of emission in pounds per hour and
P = process weight rate in tons per hour;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:06 - Regulated air pollutant emissions › Section 74:36:06:04 - Particulate emission restrictions for incinerators and waste wood burners

Current through Register Vol. 51, page 10, July 15, 2024
An owner or operator may not cause or permit an incinerator or wood
	 waste burner to emit a regulated air pollutant of a density greater than that
	 designated as 20 percent opacity. No other emission limits apply to these
	 sources except those in chapters 74:36:07 and 74:36:08.
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 74:36:06 - Regulated air pollutant emissions › Section 74:36:06:05 - Most stringent interpretation applicable

Current through Register Vol. 51, page 10, July 15, 2024
If the nature of any unit or the design of any equipment permits more
	 than one interpretation of the limits of this chapter, the interpretation that
	 results in the most stringent value for the allowable emissions shall
	 apply.
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 74:36:06 - Regulated air pollutant emissions › Section 74:36:06:06 - Stack performance test

Current through Register Vol. 51, page 10, July 15, 2024
A unit subject to this chapter must follow the requirements in chapter
	 74:36:11 for stack performance tests. A stack performance test is required
	 under the following conditions:
(1) A
  new unit or modification of an existing source with the potential to emit any
  of the regulated pollutants greater than 100 tons per year shall conduct a
  stack performance test to determine compliance with the applicable
  standard;
(2) A unit that emits any
  regulated pollutants may be required to conduct a stack performance test to
  determine compliance with all applicable emission standards upon renewal of a
  permit to operate or at the discretion of the secretary.
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 74:36:06 - Regulated air pollutant emissions › Section 74:36:06:07 - Open burning practices prohibited

Current through Register Vol. 51, page 10, July 15, 2024
The following open burning practices are prohibited:
(1) A person may not burn waste oils, rubber,
  waste tires, tarpaper, or asphalt shingles. For the purposes of this
  subdivision, waste oil means any oil that has been refined from crude oil,
  used, or contaminated by physical or chemical impurities. An exception for
  crude oil is allowed as a remediation alternative for soils contaminated with
  crude oil if a person submits the information requested in §
74:12:04:11
and the secretary approves the alternative remediation
  process;
(2) A municipality or
  county governmental agency may not burn municipal solid waste unless exempted
  by the small town exemption in accordance with §
									74:27:12:25;
(3) A person may not conduct or permit the
  operation of a salvage operation by open burning, except as allowed in article
  74:27; and
(4) A person may not
  burn railroad ties or wood treated with inorganic arsenicals,
  pentacholorophenol, or creosols.
Open burning of any other material must be conducted in accordance with
	 all applicable local ordinances and state laws and rules.
General Authority:
SDCL
		34A-1-6,
		34A-1-18.
Law Implemented:
SDCL
		34A-1-18.
Promulgation of rules -- Factors for consideration -- Scope -- Open
		burning, SDCL
		34A-6-1.6; Open burning
		restrictions, §
											74:27:13:11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:07 - New source performance standards › Section 74:36:07:01 - New source performance standards

Current through Register Vol. 51, page 10, July 15, 2024
The general provisions for new source performance standards are those
	 in 40 C.F.R. § 60, Subpart A (July 1, 2018). For the purposes of this
	 chapter, "administrator" means the secretary, except for those authorities that
	 cannot be delegated to the state, in which case "administrator" means both the
	 administrator of the Environmental Protection Agency and the
	 secretary.
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 74:36:07 - New source performance standards › Section 74:36:07:02 - Standards of performance for fossil fuel-fired steam generators

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for fossil fuel-fired steam generators
	 are those in 40 C.F.R. § 60, Subpart D (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 74:36:07 - New source performance standards › Section 74:36:07:03 - Standards of performance for electric utility steam generators

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for electric utility steam generators are
	 those in 40 C.F.R. § 60, Subpart Da (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 74:36:07 - New source performance standards › Section 74:36:07:04 - Standards of performance for industrial, commercial, and institutional steam generating units

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for industrial, commercial, and
	 institutional steam generating units are those in 40 C.F.R. § 60, Subpart
	 Db (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 74:36:07 - New source performance standards › Section 74:36:07:05 - Standards of performance for small industrial, commercial, and institutional steam generating units

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for small industrial, commercial, and
	 institutional steam generating units are those in 40 C.F.R. § 60, Subpart
	 Dc (July 1, 2018). A source that operates a unit subject to Subpart Dc is
	 exempt from the obligation to obtain a Part 70 operating permit, if the source
	 burns solely natural gas or propane and is not required to obtain a Part 70
	 operating permit for a reason other than the source is subject to Subpart Dc .
	 Exempted sources must still meet the applicable requirements in Subpart
	 Dc.
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 74:36:07 - New source performance standards › Section 74:36:07:06 - Standards of performance for incinerators

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for incinerators are those in 40 C.F.R.
	 § 60, Subpart E (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 74:36:07 - New source performance standards › Section 74:36:07:06.01 - Standards of performance for hospital/medical/infectious waste incinerators constructed on or before June 20, 1996

Current through Register Vol. 51, page 10, July 15, 2024
40 C.F.R. Part 60, Subpart Ce (July 1, 2018), is incorporated into
	 this rule by reference. Designated facilities under Subpart Ce shall comply
	 with the requirements for state plan approval in
	 40 C.F.R. §§
										60.32e to
	 60.38e, inclusive, (July 1,
	 2018).
The owner or operator of a hospital/medical/infectious waste
	 incinerator constructed on or before June 20, 1996, that decides to cease
	 operation shall notify the department within six months of EPA's approval of
	 the state plan for hospital/medical/infectious waste incinerators. The written
	 notification shall inform the department of when the unit will be shutdown. The
	 shutdown date may not exceed one year after EPA's approval of the state plan
	 for hospital/medical/infectious waste incinerators.
The owner or operator of a hospital/medical/infectious waste
	 incinerator constructed on or before June 20, 1996, that decides to comply with
	 the requirements of this section shall submit a compliance plan within six
	 months of state plan approval that meets the following deadlines:
(1) Submit a Part 70 operating permit
  application and design drawings of the air pollution control device to the
  department within one year of state plan approval;
(2) Submit a copy of the purchase order or
  other documentation indicating an order has been placed for the major
  components of the air pollution control device within 15 months of state plan
  approval;
(3) Begin initiation of
  site preparation for installation of the air pollution control device within 2
  years after state plan approval;
(4) Complete installation of the air
  pollution control device within 30 months after state plan approval;
  and
(5) Conduct a performance test
  within 33 months after state plan approval.
The owner or operator shall comply with
	 40 C.F.R. §§
											60.34e and
	 60.36e (July 1, 2018) within one
	 year after state plan approval. The owner or operator shall comply with the
	 remaining requirements in this section within three years after state plan
	 approval or by September 15, 2002, whichever is earlier.
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 74:36:07 - New source performance standards › Section 74:36:07:06.02 - Standards of performance for hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for hospital/medical/infectious waste
	 incinerators constructed after June 20, 1996, are those in 40 C.F.R. § 60,
	 Subpart Ec (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 74:36:07 - New source performance standards › Section 74:36:07:07 - Standards of performance for municipal waste combustors

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for municipal waste combustors are those
	 in 40 C.F.R. § 60, Subpart Ea (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 74:36:07 - New source performance standards › Section 74:36:07:07.01 - Standards of performance for municipal combustors constructed after September 20, 1994

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for municipal waste combustors
	 constructed after September 20, 1994, or modified or reconstructed after June
	 19, 1996, are those in 40 C.F.R. § 60, Subpart Eb (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 74:36:07 - New source performance standards › Section 74:36:07:08 - Ash disposal requirements

Current through Register Vol. 51, page 10, July 15, 2024
All ash generated at a municipal waste combustor must be disposed of in
	 accordance with article 74:27.
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 74:36:07 - New source performance standards › Section 74:36:07:09 - Standards of performance for portland cement plants

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for portland cement plants are those in
	 40 C.F.R. § 60, Subpart F (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 74:36:07 - New source performance standards › Section 74:36:07:10 - Standards of performance for asphalt concrete plants

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for asphalt concrete plants are those in
	 40 C.F.R. § 60, Subpart I (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 74:36:07 - New source performance standards › Section 74:36:07:12 - Standards of performance for storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for storage vessels of petroleum liquids
	 constructed after June 11, 1973, and before May 19, 1978, are those in 40
	 C.F.R. § 60, Subpart K (July 1, 2018). A source that operates a unit
	 subject to Subpart K is exempt from the obligation to obtain a Part 70
	 operating permit if the unit is not required to install controls and if the
	 source is not required to obtain a Part 70 operating permit for a reason other
	 than the source is subject to Subpart K . Exempted sources must still meet the
	 applicable requirements in Subpart K.
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 74:36:07 - New source performance standards › Section 74:36:07:13 - Standards of performance for storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for storage vessels of petroleum liquids
	 constructed after May 18, 1978, and before July 24, 1984, are those in 40
	 C.F.R. § 60, Subpart Ka ( July 1, 2018). A source that operates a unit
	 subject to Subpart Ka is exempt from the obligation to obtain a Part 70
	 operating permit if the unit is not required to install controls and if the
	 source is not required to obtain a Part 70 operating permit for a reason other
	 than the source is subject to Subpart Ka . Exempted sources must still meet the
	 applicable requirements in Subpart Ka.
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 74:36:07 - New source performance standards › Section 74:36:07:14 - Standards of performance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for volatile organic liquid storage
	 vessels (including petroleum liquid storage vessels) for which construction,
	 reconstruction, or modification commenced after July 23, 1984, are those in 40
	 C.F.R. § 60, Subpart Kb (July 1, 2018). A source that operates a unit
	 subject to Subpart Kb is exempt from the obligation to obtain a Part 70
	 operating permit if the unit is not required to install controls and if the
	 source is not required to obtain a Part 70 operating permit for a reason other
	 than the source is subject to Subpart Kb . Exempted sources must still meet the
	 applicable requirements in Subpart Kb.
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 74:36:07 - New source performance standards › Section 74:36:07:15 - Standards of performance for sewage treatment plants

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for sewage treatment plants are those in
	 40 C.F.R. § 60, Subpart O (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 74:36:07 - New source performance standards › Section 74:36:07:16 - Standards of performance for coal preparation plants

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for coal preparation plants are those in
	 40 C.F.R. § 60, Subpart Y (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 74:36:07 - New source performance standards › Section 74:36:07:17 - Standards of performance for grain elevators

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for grain elevators are those in 40
	 C.F.R. § 60, Subpart DD (July 1, 2018). A source subject to Subpart DD 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 DD . Exempted sources must still meet the
	 applicable requirements in Subpart DD.
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 74:36:07 - New source performance standards › Section 74:36:07:18 - Standards of performance for stationary gas turbines

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for stationary gas turbines are those in
	 40 C.F.R. § 60, Subpart GG (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 74:36:07 - New source performance standards › Section 74:36:07:19 - Standards of performance for lime manufacturing plants

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for lime manufacturing plants are those
	 in 40 C.F.R. § 60, Subpart HH (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 74:36:07 - New source performance standards › Section 74:36:07:20 - Standards of performance for metallic mineral processing plants

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for metallic mineral processing plants
	 are those in 40 C.F.R. § 60, Subpart LL (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 74:36:07 - New source performance standards › Section 74:36:07:21 - Standards of performance for pressure-sensitive tape and label surface coating operations

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for pressure-sensitive tape and label
	 surface coating operations are those in 40 C.F.R. § 60, Subpart RR (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 74:36:07 - New source performance standards › Section 74:36:07:22 - Standards of performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for equipment leaks of VOC in the
	 synthetic organic chemicals manufacturing industry are those in 40 C.F.R.
	 § 60, Subpart VV (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 74:36:07 - New source performance standards › Section 74:36:07:22.01 - Standards of performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry for which construction, reconstruction, or modification commenced after November 7, 2006

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for equipment leaks of VOC in the
	 synthetic organic chemicals manufacturing industry, for which construction,
	 reconstruction, or modification commenced after November 7, 2006, are those in
	 40 C.F.R. § 60, Subpart VVa (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 74:36:07 - New source performance standards › Section 74:36:07:23 - Standards of performance for bulk gasoline terminals

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for bulk gasoline terminals are those in
	 40 C.F.R. § 60, Subpart XX (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 74:36:07 - New source performance standards › Section 74:36:07:24 - Standards of performance for new residential wood heaters

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for new residential wood heaters are
	 those in 40 C.F.R. § 60, Subpart AAA (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 74:36:07 - New source performance standards › Section 74:36:07:25 - Standards of performance for petroleum dry cleaners

Current through Register Vol. 51, page 10, July 15, 2024
The standards of performance for petroleum dry cleaners are those in
	 40 C.F.R. § 60, Subpart JJJ (July 1, 2018). A source subject to Subpart
	 JJJ 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 JJJ . Exempted sources must still meet
	 the applicable requirements in Subpart JJJ.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-18.