reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:20.02 - Requirements for minor permit amendment

Current through Register Vol. 51, page 10, July 15, 2024
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, or 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 74:36:04 - Operating permits for minor sources › Section 74:36:04:20.03 - 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; and
(3)
  Certification by a responsible official that the proposed revision meets the
  applicable requirements of a minor permit amendment.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:20.04 - 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 the amendment:
(1) Issue the minor
  permit amendment as proposed;
(2)
  Deny the minor permit amendment application; or
(3) Determine that the requested minor permit
  amendment should be processed as a permit modification.
The source may implement a proposed revision that is considered a minor
	 permit amendment seven days after submitting a complete application. The
	 secretary shall issue minor permit amendments without the procedural
	 requirements applicable to obtaining a permit modification.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:21 - Permit modifications

Current through Register Vol. 51, page 10, July 15, 2024
Permit modifications are subject to the same procedural requirements in
	 §§
									74:36:04:06 to
	 74:36:04:14, inclusive, as the
	 original operating permit issuance as long as the source remains a minor
	 source. However, the required review shall cover 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 74:36:04 - Operating permits for minor sources › Section 74:36:04:21.01 - 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:
(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 secretary shall issue the permit revision for an insignificant
	 increase in allowable emissions without the procedural requirements applicable
	 to obtaining a permit modification.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:22 - Source status change - New permit required

Current through Register Vol. 51, page 10, July 15, 2024
If a minor source becomes a Part 70 source because of a relaxation in a
	 federally enforceable limit on the capacity of the source or modification as
	 defined in §
									74:36:01:10, the requirements of
	 chapter 74:36:05 apply to that source as though it were a single new source and
	 the owner or operator shall obtain the applicable permit.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:23 - Reopening operating permit for cause

Current through Register Vol. 51, page 10, July 15, 2024
The department may reopen an operating permit for further review if the
	 department determines that the permit contains a material mistake in
	 establishing the emissions standards or limits or other requirements of the
	 operating permit or the department determines that the operating permit must be
	 revised to ensure compliance with the applicable requirements of this article
	 and the Clean Air Act.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:24 - Procedures to reopen operating permit

Current through Register Vol. 51, page 10, July 15, 2024
The department shall notify the source at least 30 days before
	 reopening an operating permit issued to the source. The department may reopen a
	 permit in a shorter time in an emergency. The procedures to reopen an operating
	 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.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:27 - Operating permit termination, revision, and revocation

Current through Register Vol. 51, page 10, July 15, 2024
The board, upon recommendation by the secretary, may terminate, revise,
	 or revoke an operating permit for a violation of this article or nonpayment of
	 any outstanding enforcement penalty.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:28 - 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 this article, the Clean Air Act, or permit conditions, the
	 department may issue a notice of such a finding to the permit holder or
	 operator of the source. The notice must contain citations to the rules,
	 statutes, or permit conditions violated and the alleged facts upon which the
	 determination is based. The secretary, with the concurrence of the alleged
	 violator, may settle an issue of noncompliance by entering into a compliance
	 agreement with the source that specifies the date for final compliance of the
	 source and any penalties under SDCL
	 34A-1-39. If a compliance
	 agreement 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.
Law Implemented:
SDCL
		1-26-20,
		34A-1-53.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:29 - Petition for contested case on alleged violation

Current through Register Vol. 51, page 10, July 15, 2024
In accordance with §
									74:36:04:28, the department may
	 file a petition containing the information required in article 74:09 with the
	 chairman to request an order directing corrective action, that an enforcement
	 hearing be scheduled pursuant to the provisions of chapter 74:09:01, 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 74:36:04 - Operating permits for minor sources › Section 74:36:04:31 - 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 74:36:04 - Operating permits for minor sources › Section 74:36:04:32 - 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 minor source, such as a timely and complete application, completeness
		review, public participation, and departmental recommendation, as outlined in
		§§
											74:36:04:06 to
		74:36:04:14,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:04 - Operating permits for minor sources › Section 74:36:04:33 - 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 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The requirements of this chapter apply to all Part 70
	 sources.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:02 - Part 70 operating permit required

Current through Register Vol. 51, page 10, July 15, 2024
A person may not operate any source or unit likely to cause the
	 emission of air pollutants into the ambient air or any equipment which prevents
	 or controls the emission of air pollutants into the ambient air until a
	 construction permit, PSD preconstruction permit, NSR preconstruction permit, or
	 Part 70 operating permit has been issued by the board or the
	 secretary.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-12,
		34A-1-21.
Sources exempt from obtaining a Part 70 operating permit, §
											74:36:05:04; Timely and complete
		application for operating permit required, §
											74:36:05:08.
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 74:36:05:03 - Sources required to obtain a Part 70 operating permit

Current through Register Vol. 51, page 10, July 15, 2024
Sources required to obtain a Part 70 operating permit include the
	 following:
(1) Any major
  source;
(2) Any source, including
  an area source, subject to a standard or regulation promulgated under §
  111 of the Clean Air Act unless otherwise specified in chapter
  74:36:07;
(3) Any source, including
  an area source, subject to a standard or regulation promulgated under §
  112 of the Clean Air Act, except for a source that is solely subject to the
  regulations or requirements of § 112(r) or unless otherwise specified in
  chapter 74:36:08;
(4) Any affected
  source subject to Title IV of the Clean Air Act; and
(5) Any source in a source category
  designated by the administrator of the EPA through the Clean Air Act pursuant
  to Title V 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 74:36:05:04 - Sources exempt from obtaining a Part 70 operating permit

Current through Register Vol. 51, page 10, July 15, 2024
The following sources are exempt from obtaining a Part 70 operating
	 permit:
(1) All sources that are not
  included in §
									74:36:05:03;
(2) Sources that operate a unit subject to 40
  C.F.R. 60, Subpart AAA-Standards of Performance for New Residential Wood
  Heaters (July 1, 2018) are 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 AAA. Exempted
  sources must still meet the applicable requirements in Subpart AAA;
  or
(3) Sources that operate a unit
  subject to 40 C.F.R. §
										61.145, Standard for Demolition and
  Renovation (July 1, 2018) are exempt from the obligation to obtain a Part 70
  operating permit if the source is not required to obtain a Part 70 operating
  permit for a reason other than the source is subject to
  40 C.F.R. §
										61.145 (July 1, 2018). Exempted sources must
  still meet the applicable requirements in
  40 C.F.R. §
										61.145 ( July 1, 2018).
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 74:36:05:04.01 - Insignificant activities

Current through Register Vol. 51, page 10, July 15, 2024
The following emission units are considered insignificant activities
	 and are exempt from inclusion in a Part 70 operating permit unless the source
	 has requested federally-enforceable permit conditions related to the
	 insignificant activity to avoid needing a PSD preconstruction permit or NSR
	 preconstruction permit or the emission unit is applicable to a standard in
	 chapter 74:36:07 or 74:36:08:
(1) One
  or more incinerators of less than 100 pounds per hour combined burning capacity
  that combust municipal or household waste;
(2) A mobile internal combustion engine,
  including engines in autos, trucks, tractors, airplanes, locomotives, and
  boats;
(3) Laboratory equipment
  used exclusively for chemical or physical analysis;
(4) A unit that has a heat input capability
  of not more than 3,500,000 Btus per hour, except for units fueled with wood or
  coal;
(5) An air conditioning or
  ventilating system not designed to remove air pollutants from
  equipment;
(6) Routine housekeeping
  or plant upkeep activities such as painting buildings, retarring roofs, or
  paving parking lots;
(7) A unit
  that has the potential to emit two tons or less per year of any criteria
  pollutant before the application of control equipment. However, the criteria
  pollutant emissions from the unit must be included in determining whether the
  source is a major source; and
(8) A
  unit that has the potential to emit two tons or less per year of any hazardous
  air pollutant. However, the hazardous air pollutant emissions from the unit
  must be included in determining whether the source is a major source.
However, insignificant activities exempted because of size or
	 production rate must be identified in the Part 70 operating permit application.
	 An application may not omit information needed to determine the applicability
	 of or to impose an applicable requirement.
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 74:36:05:06 - Standard for issuance of a Part 70 operating permit

Current through Register Vol. 51, page 10, July 15, 2024
A Part 70 operating permit must include reasonable conditions,
	 including adherence to plans and specifications, to assure compliance with the
	 act, the Clean Air Act, and any other conditions justified under SDCL
	 34A-1-19.
General Authority:
SDCL
		34A-1-6,
		34A-1-19,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-19,
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:06.01 - Fees required for operating permit

Current through Register Vol. 51, page 10, July 15, 2024
The applicant for a Part 70 operating permit and the owner or operator
	 of a source with a Part 70 operating permit shall submit a fee in accordance
	 with article 74:37.
General Authority:
SDCL
		34A-1-57,
		34A-1-58.
Law Implemented:
SDCL
		34A-1-58.
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 74:36:05:07 - Time period for operating permits and renewals

Current through Register Vol. 51, page 10, July 15, 2024
A permit for an affected source under Title IV of the Clean Air Act
	 shall be for a fixed term of five years. Operating permits for all Part 70
	 sources shall be issued for a period up to five years, and all subsequent
	 operating permits shall be for a period of five years. A permit issued for a
	 solid waste incinerator subject to the requirements of § 129(e) of the
	 Clean Air Act shall be for a period not to exceed 12 years and shall be
	 reviewed by the department every five years.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:08 - Timely and complete application for operating permit required

Current through Register Vol. 51, page 10, July 15, 2024
A person who owns or operates a Part 70 source required to have an
	 operating permit must submit a timely and complete application. An application
	 is timely if it meets the time limits specified in this section. An application
	 is complete if it meets the requirements in §§
									74:36:05:12 and
	 74:36:05:13. The time limits are
	 set as follows:
(1) A source applying
  for its initial Part 70 operating permit must submit a complete application to
  the department within 12 months after commencing operation;
(2) A Part 70 source applying for a permit
  modification shall submit a complete application to the department within 12
  months after commencing operation of the emission units involved with the
  modification;
(3) A Part 70 source
  applying for renewal of an operating permit must submit a complete application
  six months before the date of permit expiration. If a source submits a timely
  and complete application for renewal of a permit, the terms and conditions of
  the existing permit remain in effect until the renewal permit has been issued
  or denied. This right to operate pending action on an application is
  extinguished if the applicant fails to submit on time the information
  identified in §
									74:36:05:12;
(4) Part 70 sources required to obtain
  approval under § 112(g) of the Clean Air Act or have a PSD preconstruction
  permit or NSR preconstruction permit must file a complete application to obtain
  a Part 70 operating permit or a permit modification, whichever is applicable,
  for the Part 70 source within 12 months after commencing operation. If an
  existing operating permit for a Part 70 source would prohibit such construction
  or the change in operation, the source must obtain the applicable construction
  permit, PSD preconstruction permit, or NSR preconstruction permit before
  commencing operation;
(5)
  Applications for initial phase II acid rain permits must be submitted to the
  department by January 1, 1996, for sulfur dioxide and by January 1, 1998, for
  nitrogen oxides; and
(6) An
  existing municipal solid waste landfill that meets the requirements of
  subdivisions 74:36:07:34(1) and (2) is required to submit a Part 70 operating
  permit application within 15 months of the effective date of EPA's approval of
  the state's § 111(d) plan required in the Clean Air Act.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-12,
		34A-1-21.
Note:
A Part 70 source applying for an initial operating
		permit or a permit modification must obtain a construction permit in accordance
		with chapter 74:36:09, 74:36:10, or 74:36:20 before commencing construction of
		the source or permit modification.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:09 - Complete application

Current through Register Vol. 51, page 10, July 15, 2024
The department shall determine completeness of an application for an
	 initial Part 70 operating permit, permit modification, or renewal of a Part 70
	 operating permit within 60 days after its receipt and shall notify the
	 applicant in writing of its determination. If the department does not notify
	 the applicant that the application is incomplete within 60 days after receipt
	 of the application, the applicant may consider the application complete. At any
	 time during the processing of the application, the department may request, in
	 writing, additional information necessary to evaluate or take final action on
	 the application.
If the application is incomplete or additional information is necessary
	 to evaluate the application, the department shall identify the items required
	 to complete the application. The applicant has 20 working days after receipt of
	 an incomplete notification or request for additional information to submit the
	 information, unless an extension beyond the 20 working days is approved by the
	 department. The department shall determine the adequacy of the applicant's
	 response to each incomplete item within 20 days after receipt of the response
	 and shall notify the applicant in writing if the application is or is not
	 complete.
Once a designated representative submits a timely and complete acid
	 rain permit application, the owners or operators of the affected source and the
	 affected units covered by the permit application are considered in compliance
	 with the requirement to have an acid rain permit until the final permit is
	 issued, if any requested additional information is submitted during the
	 permitting process.
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 74:36:05:12 - Required contents of complete application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for an operating permit for a Part 70 source or permit
	 modification must submit the following information for the application to be
	 considered complete:
(1) General
  company information, including the company name and address or the plant name
  and address if different from the company name, the owner's name and agent, and
  the plant site manager or contact;
(2) A plant description in terms of the
  processes and products identified by the Standard Industrial Classification
  Code, 1987, including any associated with each alternate scenario identified by
  the source;
(3) The following
  information on emissions:
(a) All emissions of
  pollutants for which the source is major and all emissions of regulated air
  pollutants. The applicant must describe all emissions of regulated air
  pollutants emitted from any emissions unit, except when such units are
  exempt;
(b) Identification and
  description of all emission units described in subsection (a) of this
  subdivision in sufficient detail to establish the basis for fees and the
  applicability of requirements of the Clean Air Act;
(c) Emissions rates in total tons per year
  and in any other terms necessary to establish compliance consistent with the
  applicable standard reference test method;
(d) Fuels, fuel use, raw materials,
  production rates, and operating schedules;
(e) Identification and description of air
  pollution control equipment and compliance monitoring devices or
  activities;
(f) Limits on source
  operation affecting emissions or any work practice standards, as applicable for
  all regulated air pollutants;
(g)
  For all pollutants regulated at the source, other information required by any
  applicable requirements including information related to stack height limits,
  such as the location of emissions units, flow rates, building dimensions, and
  stack parameters, including height diameter, and plume temperature;
  and
(h) Calculations on which the
  items in this subdivision are based;
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 74:36:05:13 - Applicant required to supplement or correct application

Current through Register Vol. 51, page 10, July 15, 2024
If the applicant is aware that the application is incomplete or that
	 any relevant facts or information contained in an application are incorrect,
	 the applicant shall submit the supplementary facts or corrected information.
	 The applicant shall provide additional information as necessary to address
	 requirements that become applicable after the application is filed but before
	 the release of the draft permit.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-12,
		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 74:36:05:15 - Deadline for final action on permit application

Current through Register Vol. 51, page 10, July 15, 2024
Except for the permitting of affected sources under the Title IV acid
	 rain program, final action on each permit application for an operating permit
	 for a Part 70 source, including requests for permit modification or renewal,
	 must be completed within 18 months after receipt of 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 74:36:05:16 - Statement of basis for recommended permit conditions

Current through Register Vol. 51, page 10, July 15, 2024
The department shall review the complete application for a Part 70
	 operating permit and develop a statement that sets forth the legal and factual
	 basis for the recommended permit conditions, including references to the
	 applicable statutory or regulatory provisions. The department shall provide
	 this statement to EPA, the applicant, and, upon request, to the public and
	 affected states with the draft permit.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:16.01 - Operating permit requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each permit issued for the operation of a Part 70 source must
	 contain:
(1) The name of the person,
  company, political subdivision, agency, or institution granted a
  permit;
(2) The type of
  operation;
(3) The facility and
  mailing address;
(4) The date the
  operating permit was granted and on which it will expire;
(5) A number for administrative
  reference;
(6) The name of a
  designated person or officer responsible for the source's operation;
(7) A statement granting an operating permit
  by the board or secretary and any conditions that the board or secretary may
  impose to ensure compliance with the act and the Clean Air Act;
(8) Emission limits and standards, including
  operational requirements and limits for all regulated emission units, necessary
  to assure compliance with applicable requirements of the act and the Clean Air
  Act and including the following:
(a) The
  reference of authority for each term or condition;
(b) The applicable requirements from the
  Clean Air Act and from Title IV requirements of the Clean Air Act, reviewing
  both requirements and distinguishing which is more stringent and incorporating
  both into the permit; and
(c) If an
  alternative emission limit is approved in the state implementation plan (SIP),
  provisions to ensure that the alternative emission limit in the permit
  issuance, renewal, or permit modification process has been demonstrated to be
  equivalent to the applicable emission limit in the state implementation plan
  and is quantifiable, accountable, enforceable, and based on replicable
  procedures;
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 74:36:05:17 - Public participation in permitting process

Current through Register Vol. 51, page 10, July 15, 2024
All operating permit issuance proceedings, including renewals, permit
	 modifications, and reopenings, for a Part 70 source, except as provided in this
	 chapter, must provide an opportunity for public and affected states to comment
	 on the draft permit.
The department shall publish the public notice on the draft permit once
	 in a legal newspaper in the county where the source is located. The public
	 notice must include the following:
(1)
  A brief statement describing the source, including the name and address of the
  permittee;
(2) The activity or
  activities involved in the permit action;
(3) The emissions change involved in any
  permit modification;
(4) The
  department's recommendation and the reasons for it;
(5) A statement that a person may submit
  comments or contest the draft permit within 30 days after publication 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; and
(6) A statement
  describing where copies of the draft permit or other information may be
  obtained.
The department shall provide to the interested parties a 30-day notice
	 of any hearing to contest a draft permit.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		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 74:36:05:18 - Public and affected state review of draft permit

Current through Register Vol. 51, page 10, July 15, 2024
During the public comment period, any interested person or affected
	 state may submit written comments on the draft permit or request a contested
	 case hearing. All comments will be considered in making a final permit decision
	 on the draft permit as provided in §§
									74:36:05:20 and
	 74:36:05:20.01. A request for a
	 contested case hearing must be in writing and prepared and filed in accordance
	 with article 74:09. The department is not required to accept recommendations or
	 comments that are not based on applicable requirements of this article or the
	 requirements of the Clean Air Act.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:20.01 - Final permit decision - Notice to interested persons

Current through Register Vol. 51, page 10, July 15, 2024
The department shall make its final permit decision within 30 days of
	 the end of the public comment period on a draft permit. The department shall
	 notify, in writing, the applicant and each person or affected state that
	 submitted written comments or requested notice of the final permit decision.
	 The notice shall include reference to the procedures for contesting the final
	 permit decision and requesting a hearing in accordance with article 74:09. For
	 the purpose of this section, the final permit decision means proposing a
	 permit, denying a permit, or terminating a permit.
The proposed Part 70 operating permit must be submitted to EPA within
	 30 days of notifying the applicant and each person or affected state that
	 submitted written comments or requested notification of the final permit
	 decision except under the following conditions:
(1) A later effective date is specified in
  the final permit decision;
(2) A
  contested case hearing is requested; or
(3) No comments or request for changes in the
  draft permit were received during the public notice period on the draft permit.
  In this case, the draft permit automatically becomes the final permit decision
  and the proposed Part 70 operating permit is submitted to EPA.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		1-26-27,
		1-26-29,
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:20.02 - Petitions for contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
The applicant, interested person, or affected state may petition the
	 board and obtain a contested case hearing to dispute the department's draft
	 permit. Any other person may petition to intervene and request a hearing if the
	 person has an interest affected by the department's draft permit. Such
	 petitions must comply with the provisions of article 74:09 and be received by
	 the department within 30 days after the notice required by §
									74:36:05:17.
The applicant or an interested person or affected state that comments
	 on the draft permit may petition the board for and obtain a contested case
	 hearing to dispute the department's final permit decision. Such petitions must
	 comply with the provisions of article 74:09 and be received by the department
	 within 30 days after the applicant, interested person, or affected state
	 receives the department's final permit decision.
If the draft permit or the final permit decision is contested, the
	 department shall present the draft permit or final permit decision to the board
	 for action in accordance with article 74:09.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		1-26-27,
		1-26-29,
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:20.03 - EPA review of Part 70 operating permit

Current through Register Vol. 51, page 10, July 15, 2024
The department shall submit to EPA a copy of each permit application
	 for a Part 70 operating permit, including any application for a permit
	 modification at the time the application is received by the department, minutes
	 of the proceedings of a contested case hearing, the draft permit, comments from
	 the public or affected states on the draft permit and the department's
	 response, the proposed Part 70 operating permit, and the final permit after EPA
	 review. The department may, in agreement with EPA, submit a permit application
	 summary form and any relevant portion of the permit application or compliance
	 plan.
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 74:36:05:21 - EPA objection to issuance of operating permit

Current through Register Vol. 51, page 10, July 15, 2024
The department may not issue a proposed Part 70 operating permit as a
	 final permit for a Part 70 source if EPA objects to its issuance within 45 days
	 after receipt of the proposed Part 70 operating permit pursuant to §
									74:36:05:20.03. If there is no EPA
	 objection, the department shall issue the proposed Part 70 operating permit as
	 a final permit.
General Authority:
SDCL 34A-1-6, 34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
EPA objection procedure,
		40 C.F.R. §
												70.8
		(c).
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 74:36:05:21.01 - Department response to EPA objection

Current through Register Vol. 51, page 10, July 15, 2024
The department shall respond within 90 days to the EPA objection. The
	 department may either revise the proposed Part 70 operating permit or justify
	 its position on the proposed Part 70 operating permit to EPA. If the department
	 decides to revise the proposed Part 70 operating permit, it shall follow the
	 procedural requirements for an initial Part 70 operating permit, administrative
	 permit amendment, minor permit amendment, or permit modification, as
	 applicable.
If the EPA concurs with the revised proposed Part 70 operating permit
	 or the department's justification, the department shall issue a final permit
	 and submit it to the EPA. If the EPA does not concur, the EPA is responsible
	 for issuing the final 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 74:36:05:22 - Department failure to meet EPA objection deadline

Current through Register Vol. 51, page 10, July 15, 2024
If the department fails to submit a revised proposed Part 70 operating
	 permit or justification in accordance with §
									74:36:05:21.01 to EPA to meet the
	 objection within 90 days after its receipt, responsibility for issuing or
	 denying the final permit rests with EPA.
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 74:36:05:23 - Public petition to EPA on the final permit

Current through Register Vol. 51, page 10, July 15, 2024
When a proposed Part 70 operating permit is issued as a final permit by
	 the EPA or the department, a person may petition the EPA in writing within 60
	 days after expiration of EPA's review period specified in §§
									74:36:05:20.03 to 74:36:05:22,
	 inclusive, to object to the issuance of a final permit. The petition may be
	 based only on objections to the permit that were raised with reasonable
	 specificity during the public comment period, unless the petitioner
	 demonstrates that it was impracticable to raise such objections within the
	 public comment period or unless the grounds for the objection arose after the
	 public comment period. If EPA objects to the issuance of the final permit as a
	 result of a petition, the department shall respond to EPA's objection. Upon
	 resolution of EPA's objection, the permit shall remain the same or may be
	 modified, terminated, or revoked by the department or EPA.
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 74:36:05:28 - Permit expiration

Current through Register Vol. 51, page 10, July 15, 2024
Permit expiration terminates the source's right to operate under the
	 Part 70 operating permit unless a timely and complete renewal application has
	 been submitted to the department.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
Timely and complete application for operating permit required,
		§
											74:36:05:08.
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 74:36:05:29 - Permit renewal

Current through Register Vol. 51, page 10, July 15, 2024
Permits to be renewed are subject to the same procedural requirements
	 in §§
									74:36:05:08 to
	 74:36:05:23, inclusive, as the
	 original Part 70 operating permit issuance.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:05 - Operating permits for Part 70 sources › Section 74:36:05:30 - Permit flexibility

Current through Register Vol. 51, page 10, July 15, 2024
An operating permit issued to a Part 70 source must allow the source to
	 make the changes listed below without requiring a permit revision before the
	 source makes those changes if the change is not a modification under any
	 provision of Title I of the Clean Air Act and the change does not exceed the
	 emissions allowable under the permit. The source must provide the department
	 written notification as required in this section at least seven days in advance
	 of the proposed changes. The source and the department shall attach each such
	 notice to its copy of the relevant permit.
Permitted sources may make changes that do not violate any applicable
	 requirements or contravene federally enforceable permit terms and conditions,
	 such as monitoring, including test methods, recordkeeping, reporting; or
	 compliance certification requirements. For each such change, the written notice
	 must include a brief description of the change within the permitted facility,
	 the date on which the change will occur, any change in emissions, and any
	 permit term or condition that is no longer applicable as a result of the
	 change
If a permit applicant requests it, the department must issue permits
	 that contain terms and conditions, including all requirements under §
									74:36:05:16.01, allowing for the
	 trading of increases and decreases in the permitted facility solely for the
	 purpose of complying with a federally enforceable emissions cap that is
	 established in the permit independent of otherwise applicable requirements. The
	 permit applicant must include in its permit application the proposed replicable
	 procedures and permit terms that ensure that the emission trades are
	 quantifiable and enforceable. Any emission units for which emissions are not
	 quantifiable or for which there are no replicable procedures to enforce the
	 emission trades shall not be permitted for trading of emissions. The written
	 notice must include, at a minimum, when the proposed change will occur, a
	 description of each such change, any change in emissions, and how these
	 increases and decreases in emissions will comply with the terms and conditions
	 of the permit.
General Authority:
SDCL
		34A-1-6,
		34A-1-21.
Law Implemented:
SDCL
		34A-1-12,
		34A-1-21.