South Dakota Administrative Code

Rule 74:36:04:23 Reopening operating permit for cause. 74:36:04:23. Reopening operating permit for cause. 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 standa…

Rule 74:36:04:24 Procedures to reopen operating permit. 74:36:04:24. Procedures to reopen operating permit. 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 a…

Rule 74:36:04:25 Repealed. 74:36:04:25. General permit.Repealed. Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 29, 1996.

Rule 74:36:04:26 Repealed. 74:36:04:26. General permit -- Notice of intent.Repealed. Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 29, 1996.

Rule 74:36:04:27 Operating permit termination, revision, and revocation. 74:36:04:27. Operating permit termination, revision, and revocation. The board, upon recommendation by the secretary, may terminate, revise, or revoke an operating permit for a violation of this article or n…

Rule 74:36:04:28 Notice of operating noncompliance -- Contents. 74:36:04:28. Notice of operating noncompliance -- Contents. 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 …

Rule 74:36:04:29 Petition for contested case on alleged violation. 74:36:04:29. Petition for contested case on alleged violation. 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…

Rule 74:36:04:30 Repealed. 74:36:04:30. Stack performance tests required.Repealed. Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 29, 1996.

Rule 74:36:04:31 Circumvention of emissions not allowed. 74:36:04:31. Circumvention of emissions not allowed. 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…

Rule 74:36:04:32 General permits. 74:36:04:32. General permits. 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…

Rule 74:36:04:33 Secretary may require an individual permit. 74:36:04:33. Secretary may require an individual permit. 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. I…

Rule 74:36:05:01 Applicability. 74:36:05:01. Applicability. The requirements of this chapter apply to all Part 70 sources. Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 20…

Rule 74:36:05:02 Part 70 operating permit required. 74:36:05:02. Part 70 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 which prevents or controls the emission of air poll…

Rule 74:36:05:03 Sources required to obtain a Part 70 operating permit. 74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required to obtain a Part 70 operating permit include the following: (1) Any major source; (2) Any source, including an area source,…

Rule 74:36:05:03.01 Repealed. 74:36:05:03.01. PSD or NSR preconstruction permit required. Repealed. Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:10, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; repealed, 36 SDR 207, e…

74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. 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. Part 60, Subpart AAA-Sta…

74:36:05:04.01. Insignificant activities. 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…

Rule 74:36:05:05 Transferred. 74:36:05:05. Transferred to § 74:36:05:02.

Rule 74:36:05:06 Standard for issuance of a Part 70 operating permit. 74:36:05:06. Standard for issuance of a Part 70 operating permit. A Part 70 operating permit must include reasonable conditions, including adherence to plans and specifications, to assure compliance with the ac…

Rule 74:36:05:06.01 Fees required for operating permit. 74:36:05:06.01. Fees required for operating permit. 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. Sour…

Rule 74:36:05:07 Time period for operating permits and renewals. 74:36:05:07. Time period for operating permits and renewals. 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 sha…

Rule 74:36:05:08 Timely and complete application for operating permit required. 74:36:05:08. Timely and complete application for operating permit required. A person who owns or operates a Part 70 source required to have an operating permit must submit a timely and complete applic…

Rule 74:36:05:09 Complete application. 74:36:05:09. Complete application. 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 shal…

Rule 74:36:05:10 Transferred. 74:36:05:10. Transferred to § 74:36:05:03.01.

Rule 74:36:05:11 Transferred. 74:36:05:11. Transferred to § 74:36:05:06.01.

Rule 74:36:05:12 Required contents of complete application. 74:36:05:12. Required contents of complete application. 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…

Rule 74:36:05:13 Applicant required to supplement or correct application. 74:36:05:13. 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 74:36:05:14 Repealed. 74:36:05:14. Permit application -- Completeness review.Repealed. Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; repealed, 21 SDR 119, effective January 5, 1995.

Rule 74:36:05:15 Deadline for final action on permit application. 74:36:05:15. Deadline for final action on permit application. 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 …

Rule 74:36:05:16 Statement of basis for recommended permit conditions. 74:36:05:16. Statement of basis for recommended permit conditions. The department shall review the complete application for a Part 70 operating permit and develop a statement that sets forth the legal and fact…

74:36:05:16.01. Operating permit requirements. 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 addre…

Rule 74:36:05:17 Public participation in permitting process. 74:36:05:17. Public participation in permitting process. All operating permit issuance proceedings, including renewals, permit modifications, and reopenings, for a Part 70 source, except as provided in this chapter, mus…

Rule 74:36:05:18 Public and affected state review of draft permit. 74:36:05:18. Public and affected state review of draft permit. During the public comment period, any interested person or affected state may submit written comments on the draft permit or request a contested case …

Rule 74:36:05:19 Transferred. 74:36:05:19. Transferred to § 74:36:05:20.03.

Rule 74:36:05:20 Repealed. 74:36:05:20. Department review of affected states' comments on draft permit.Repealed. Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 199…

Rule 74:36:05:20.01 Final permit decision -- Notice to interested persons. 74:36:05:20.01. 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 depa…

Rule 74:36:05:20.02 Petitions for contested case hearing. 74:36:05:20.02. Petitions for contested case hearing. 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 perso…

Rule 74:36:05:20.03 EPA review of Part 70 operating permit. 74:36:05:20.03. EPA review of Part 70 operating permit. 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…

Rule 74:36:05:21 EPA objection to issuance of operating permit. 74:36:05:21. EPA objection to issuance of operating permit. 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 …

Rule 74:36:05:21.01 Department response to EPA objection. 74:36:05:21.01. Department response to EPA objection. 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 …

Rule 74:36:05:22 Department failure to meet EPA objection deadline. 74:36:05:22. Department failure to meet EPA objection deadline. 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 th…

Rule 74:36:05:23 Public petition to EPA on the final permit. 74:36:05:23. Public petition to EPA on the final permit. 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 e…

Rule 74:36:05:24 Repealed. 74:36:05:24. Affected state and EPA review required.Repealed. Source: 19 SDR 157, effective April 22, 1993; repealed, 20 SDR 125, effective February 9, 1994.

Rule 74:36:05:25 Transferred. 74:36:05:25. Transferred to § 74:36:05:20.01.

Rule 74:36:05:26 Transferred. 74:36:05:26. Transferred to § 74:36:05:20.02.

Rule 74:36:05:27 Transferred. 74:36:05:27. Transferred to § 74:36:05:16.01.

Rule 74:36:05:28 Permit expiration. 74:36:05:28. Permit expiration. 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. Source: 19 SDR 157, effective A…

Rule 74:36:05:29 Permit renewal. 74:36:05:29. Permit renewal. 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. Source: 19 SDR 157, effective April 22, 1993; 20 SDR…

Rule 74:36:05:30 Permit flexibility. 74:36:05:30. Permit flexibility. 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 modificatio…

Rule 74:36:05:31 Permit amendment -- Application required. 74:36:05:31. Permit amendment -- Application required. 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 a…