South Dakota Administrative Code

Rule 74:36:01:10 Modification defined. 74:36:01:10. Modification defined. Modification is a physical change in or change in the method of operation of a source that results in at least one of the following: (1) An increase in the amount of an air pollutant emitted by that source …

Rule 74:36:01:10.01 Insignificant increase in allowable emissions. 74:36:01:10.01. Insignificant increase in allowable emissions. An insignificant increase in allowable emissions is a physical change or change in the method of operation that results in air emissions less than the…

Rule 74:36:01:11 National ambient air quality standard (NAAQS). 74:36:01:11. National ambient air quality standard (NAAQS). The national primary ambient air quality standards define levels of air quality that are necessary, with a margin of safety, to protect the public health. T…

Rule 74:36:01:12 Potential to emit defined. 74:36:01:12. Potential to emit defined. The potential to emit for sources shall be based on the maximum rated capacity of a source to emit a pollutant under its physical or operational design. Any physical or operational limitation on t…

Rule 74:36:01:13 Process weight rate defined. 74:36:01:13. Process weight rate defined. Process weight per hour is the total weight of all raw materials and other materials introduced into any specific process that may cause an emission of a regulated pollutant. Solid fuels charg…

Rule 74:36:01:14 Repealed. 74:36:01:14. Reconstruction of sources defined. Repealed Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:05, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, …

Rule 74:36:01:15 Regulated air pollutant defined. 74:36:01:15. Regulated air pollutant defined. A regulated air pollutant is one of the following: (1) Nitrogen oxides or any volatile organic compounds; (2) Nitrogen dioxide, PM10, sulfur dioxide, carbon monoxide, lead, ozone, or a…

Rule 74:36:01:16 Responsible official defined. 74:36:01:16. Responsible official defined. A responsible official is defined as one of the following: (1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business fu…

Rule 74:36:01:17 Repealed. 74:36:01:17. Significant defined.Repealed. Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:06.04, 19 SDR 157, effective April 22, 1993; 25 SDR…

Rule 74:36:01:18 Municipal solid waste landfill defined.` 74:36:01:18. Municipal solid waste landfill defined. Municipal solid waste landfill means the entire disposal facility in a contiguous geographical space where household waste, commercial solid waste, nonhazardous sludge, …

Rule 74:36:01:19 Existing municipal solid waste landfill defined. 74:36:01:19. Existing municipal solid waste landfill defined. An existing municipal solid waste landfill is a municipal solid waste landfill that commenced construction, reconstruction, or modification on or before…

74:36:01:20. Physical change or change in the method of operation described. A physical change or change in the method of operation does not include: (1) Routine maintenance, repair, and replacement; (2) Use of an alternative fuel or raw material because of an order under §§ 2(a)…

Rule 74:36:01:21 Commenced construction defined. 74:36:01:21. Commenced construction defined. Commenced construction means the owner or operator has all necessary construction approvals or permits and has: (1) Begun, or caused to begin, a continuous program of actual on-site cons…

Rule 74:36:02:01 Air quality goals. 74:36:02:01. Air quality goals. The air quality goals are as follows: (1) Protection of the public health; (2) Prevention of damage to buildings, property, animals, plants, forests, and agricultural crops; (3) Optimization of visibility; and (4…

74:36:02:02. Ambient air quality standards. The ambient air quality standards listed in 40 C.F.R. §§ 50.1 through 50.3, (July 1, 2024); 40 C.F.R. § 50.6 (July 1, 2024); 40 C.F.R. § 50.8 (July 1, 2024); 40 C.F.R. § 50.11 (July 1, 2024); 40 C.F.R. § 50.13 (July 1, 2024); 40 C.F.R. …

74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter, sulfur dioxide, carbon monoxide, ozone, nitrogen dioxide, and lead listed in 40 C.F.R. Part 50 (July 1, 2024) must be measured by the reference method or methods stated in 40 C.F.R. Part 50, Appe…

74:36:02:04. Air quality monitoring network. The department must outline ambient air monitoring goals, changes, and network design in the air quality monitoring network. The department must revise the air quality monitoring network as required by 40 C.F.R. §§ 58.10 and 58.20 (Jul…

74:36:02:05. Ambient air monitoring requirements. The operation of ambient air monitoring required by the department must be consistent with 40 C.F.R. Part 58 (July 1, 2024). Records of monitoring activities and results must be retained for a minimum of three years. Source: 19 SD…

74:36:03:01. Air pollution emergency episode. The secretary must proclaim an air pollution emergency episode and its extent, using the criteria in 40 C.F.R. § 51.151 and Appendix L to Part 51 (July 1, 2024), if the accumulation of air pollutants in any place is attaining or has a…

74:36:03:02. Episode emergency contingency plan. The department must develop an episode emergency contingency plan and maintain the plan following the requirements in 40 C.F.R. § 51.152 (July 1, 2024). The department must reevaluate the contingency plan in accordance with the req…

Rule 74:36:04:01 Applicability. 74:36:04:01. Applicability. The requirements of this chapter apply to all minor sources. Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

Rule 74:36:04:02 Minor source operating permit required. 74:36:04:02. Minor source operating permit required. A person may not operate any source or unit likely to cause the emission of air pollutants into the ambient air or any equipment that prevents or controls the emission of…

Rule 74:36:04:02.01 Minor source operating permit exemption. 74:36:04:02.01. Minor source operating permit exemption. The following sources are exempt from obtaining a minor source operating permit: (1) A source that has the potential to emit 25 tons or less per year of any crite…

Rule 74:36:04:03 Emission unit exemptions. 74:36:04:03. Emission unit exemptions. The following emission units are exempt from inclusion in a minor source operating permit unless the source has requested federally enforceable permit conditions related to the emission unit to avoi…

Rule 74:36:04:03.01 Repealed. 74:36:04:03.01. Minor source operating permit variance. Repealed. Source: 23 SDR 106, effective December 29, 1996; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; repealed, SL 2013, ch 166, § 15, effective July 1, 2013.

Rule 74:36:04:04 Standard for issuance of a minor source operating permit. 74:36:04:04. Standard for issuance of a minor source operating permit. The minor source operating permit must include reasonable conditions, including adherence to plans and specifications, to assure compl…

Rule 74:36:04:05 Time period for operating permits and renewals. 74:36:04:05. Time period for operating permits and renewals. An operating permit for a minor source shall be issued for a period up to five years and all subsequent operating permits shall be for a period of five ye…

Rule 74:36:04:06 Timely and complete application for operating permit required. 74:36:04:06. Timely and complete application for operating permit required. A person who owns or operates a source required to have a minor source operating permit shall submit a timely and complete a…

Rule 74:36:04:07 Required contents of complete application for operating permit. 74:36:04:07. Required contents of complete application for operating permit. An application for an operating permit for a minor source or permit modification must include the following information to…

Rule 74:36:04:08 Applicant required to supplement or correct application. 74:36:04:08. Applicant required to supplement or correct application.If the applicant is aware that the application is incomplete or that any relevant facts or information contained in an application are in…

Rule 74:36:04:09 Permit application -- Completeness review. 74:36:04:09. Permit application -- Completeness review. The department shall conduct a completeness review of each permit application received, as follows: (1) Within 30 days after submission of an application for an ini…

Rule 74:36:04:10 Time period for department's recommendation. 74:36:04:10. Time period for department's recommendation. The department shall recommend issuance or denial of an operating permit, a permit modification, or a renewal for an operating permit for a minor source within …

Rule 74:36:04:11 Repealed. 74:36:04:11. Department's recommendation on operating permit. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:36,…

74:36:04:12. Public participation in permitting process. The department must provide a copy of the draft permit for a minor source to the applicant. The department must publish a public notice of the draft permit once in a legal newspaper in the county where the source is located…

Rule 74:36:04:12.01 Public review of department's draft permit. 74:36:04:12.01. Public review of department's draft permit. During the public comment period, any interested person may submit written comments on the draft permit or request a contested case hearing. All comments wi…

Rule 74:36:04:13 Final permit decision -- Notice to interested persons. 74:36:04:13. Final permit decision -- Notice to interested persons. 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…

Rule 74:36:04:14 Right to petition for contested case hearing. 74:36:04:14. Right to petition for contested case hearing. The applicant or interested person may petition the board and obtain a contested case hearing to dispute the department's draft permit. Any other person may p…

Rule 74:36:04:15 Contents of operating permit. 74:36:04:15. Contents of operating permit. An operating permit for a minor source shall include the following: (1) The signature of either the secretary or the chairman; (2) The name of the person, company, political subdivision, age…

Rule 74:36:04:16 Operating permit expiration. 74:36:04:16. Operating permit expiration. Operating permit expiration terminates the source's right to operate under the minor source operating permit unless a timely and complete renewal application has been submitted to the departme…

Rule 74:36:04:17 Renewal of operating permit. 74:36:04:17. Renewal of operating permit. Permits being renewed are subject to the same procedural requirements in §§ 74:36:04:06 to 74:36:04:14, inclusive, as the original minor source operating permit issuance. Source: 19 SDR 157, e…

Rule 74:36:04:18 Operating permit revision. 74:36:04:18. Operating permit revision. An operating permit for a minor source may be revised at any time by the submittal of an application. The application must specify whether the requested revision is an administrative permit amendm…

Rule 74:36:04:19 Administrative permit amendment. 74:36:04:19. Administrative permit amendment. An administrative permit amendment may be issued for a revision to an operating permit meeting the requirements of § 74:36:01:03. An application for an administrative permit amendment …

Rule 74:36:04:20 Procedures for administrative permit amendments. 74:36:04:20. Procedures for administrative permit amendments. The source may implement a proposed revision that is considered an administrative permit amendment immediately upon notifying the department. The depart…

Rule 74:36:04:20.01 Minor permit amendment required. 74:36:04:20.01. Minor permit amendment required. A minor permit amendment is an amendment to an existing minor source operating permit and is issued by the secretary. A source may request a minor permit amendment under §§ 74:36…

Rule 74:36:04:20.02 Requirements for minor permit amendment. 74:36:04:20.02. Requirements for minor permit amendment. 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 requirem…

Rule 74:36:04:20.03 Application for minor permit amendment. 74:36:04:20.03. Application for minor permit amendment. 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 ap…

Rule 74:36:04:20.04 Department deadline to approve minor permit amendment. 74:36:04:20.04. Department deadline to approve minor permit amendment. The department shall take the following final action on a proposed minor permit amendment within 90 days after receipt of a complete a…

Rule 74:36:04:21 Permit modifications. 74:36:04:21. Permit modifications. 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. Howe…

Rule 74:36:04:21.01 Procedures for an insignificant increase in allowable emissions. 74:36:04:21.01. Procedures for an insignificant increase in allowable emissions. The department shall take the following final action on the proposed insignificant increase in allowable emissions…

Rule 74:36:04:22 Source status change -- New permit required. 74:36:04:22. Source status change -- New permit required. 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 …