South Dakota Administrative Code

Rule 74:36:05:32 Administrative permit amendment required. 74:36:05:32. Administrative permit amendment required. 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 ame…

Rule 74:36:05:33 Procedure for administrative permit amendments. 74:36:05:33. Procedure for administrative permit amendments. An administrative permit amendment shall be made by the department without being subject to advance notice or the procedural requirements applicable to a …

Rule 74:36:05:34 Minor permit amendment required. 74:36:05:34. Minor permit amendment required. 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 a…

Rule 74:36:05:35 Requirements for minor permit amendments. 74:36:05:35. Requirements for minor permit amendments. 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…

Rule 74:36:05:36 Application for minor permit amendment. 74:36:05:36. 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 applicab…

Rule 74:36:05:37 Notification of EPA and affected states required. 74:36:05:37. Notification of EPA and affected states required. The department shall notify EPA and any affected states within five working days after receipt of a complete minor permit amendment application. Sourc…

Rule 74:36:05:38 Department deadline to approve minor permit amendment. 74:36:05:38. 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 applica…

Rule 74:36:05:39 Permit modifications. 74:36:05:39. Permit modifications. 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 ch…

Rule 74:36:05:39.01 Procedures for an insignificant increase in allowable emissions. 74:36:05:39.01. 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 74:36:05:40 Reopening operating permit for cause. 74:36:05:40. Reopening operating permit for cause. 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 subje…

Rule 74:36:05:41 Procedures to reopen permit. 74:36:05:41. Procedures to reopen permit. 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 fo…

Rule 74:36:05:42 Reopening permit for cause by EPA. 74:36:05:42. Reopening permit for cause by EPA. 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…

Rule 74:36:05:43 EPA review of proposed determination. 74:36:05:43. EPA review of proposed determination. After EPA review of the proposed determination, the department has 90 days from receipt of an EPA objection to resolve the rejection. Source: 19 SDR 157, effective April 22, …

Rule 74:36:05:44 Department failure to submit proposed determination. 74:36:05:44. Department failure to submit proposed determination. Department failure to submit a proposed determination within the 90-day period in § 74:36:05:42 or failure to resolve the objection in § 74:36:0…

Rule 74:36:05:45 Repealed. 74:36:05:45. EPA's decision final action.Repealed. Source: 19 SDR 157, effective April 22, 1993; repealed, 21 SDR 119, effective January 5, 1995.

Rule 74:36:05:46 Permit termination, modification, revocation, and reissuance by department. 74:36:05:46. Permit termination, modification, revocation, and reissuance by department. The department may terminate, revise, or revoke permits for violations of the Clean Air Act or thi…

Rule 74:36:05:47 Notice of operating noncompliance -- Contents. 74:36:05:47. Notice of operating noncompliance -- Contents. If the department determines that the operation of a source is not in compliance with the rules, statutory requirements, or permit conditions, the departmen…

Rule 74:36:05:47.01 Circumvention of emissions not allowed. 74:36:05:47.01. 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 violat…

Rule 74:36:05:48 Petition for contested case on alleged violation. 74:36:05:48. Petition for contested case on alleged violation. 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 directin…

Rule 74:36:05:49 Repealed. 74:36:05:49. Stack performance tests required.Repealed. Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 29, 1996.

Rule 74:36:05:50 Federal enforceability of permit conditions. 74:36:05:50. Federal enforceability of permit conditions. 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,…

Rule 74:36:05:51 General permits. 74:36:05:51. 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 74:36:05:52 Secretary may require an individual permit. 74:36:05:52. 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 74:36:06:01 Applicability. 74:36:06:01. Applicability. 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. Source: S…

Rule 74:36:06:02 Allowable emissions for fuel-burning units. 74:36:06:02. Allowable emissions for fuel-burning units. 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 …

Rule 74:36:06:03 Allowable emissions for process industry units. 74:36:06:03. Allowable emissions for process industry units. 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 exc…

Rule 74:36:06:04 Particulate emission restrictions for incinerators and waste wood burners. 74:36:06:04. Particulate emission restrictions for incinerators and waste wood burners. An owner or operator may not cause or permit an incinerator or wood waste burner to emit a regulated…

Rule 74:36:06:05 Most stringent interpretation applicable. 74:36:06:05. Most stringent interpretation applicable. 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 mo…

Rule 74:36:06:06 Stack performance test. 74:36:06:06. Stack performance test. 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 modifi…

Rule 74:36:06:07 Open burning practices prohibited. 74:36:06:07. Open burning practices prohibited. 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,…

74:36:07:01. New source performance standards. The general provisions for new source performance standards are those in 40 C.F.R. Part 60, Subpart A (July 1, 2024). For the purposes of this chapter, "administrator" means the secretary, except for those authorities that cannot be …

74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The standards of performance for fossil fuel-fired steam generators are those in 40 C.F.R. Part 60, Subpart D (July 1, 2024). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13…

74:36:07:03. Standards of performance for electric utility steam generating units. The standards of performance for electric utility steam generating units are those in 40 C.F.R. Part 60, Subpart Da (July 1, 2024). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effec…

74:36:07:04. Standards of performance for industrial, commercial, and institutional steam generating units. The standards of performance for industrial, commercial, and institutional steam generating units are those in 40 C.F.R. Part 60, Subpart Db (July 1, 2024). Source: 16 SDR …

74:36:07:05. Standards of performance for small industrial, commercial, and institutional steam generating units. The standards of performance for small industrial, commercial, and institutional steam generating units are those in 40 C.F.R. Part 60, Subpart Dc (July 1, 2024). A s…

74:36:07:06. Standards of performance for incinerators. The standards of performance for incinerators are those in 40 C.F.R. Part 60, Subpart E (July 1, 2024). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:11:06, 19 S…

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste incinerators constructed on or before June 20, 1996. Title 40, C.F.R. Part 60, Subpart Ce (July 1, 2024), is incorporated into this rule by reference. Designated facilities, as described in Subpart Ce,…

74:36:07:06.02. Standards of performance for hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. The standards of performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, are those in 40 C.…

74:36:07:07. Standards of performance for municipal waste combustors for which construction commenced after December 20, 1989, and on or before September 20, 1994. The standards of performance for municipal waste combustors for which construction commenced after December 20, 1989…

74:36:07:07.01. Standards of performance for large municipal waste combustors for which construction commenced after September 20, 1994, or for which modification or reconstruction is commenced after June 19, 1996. The standards of performance for large municipal waste combustors…

74:36:07:08. Ash disposal requirements. All ash generated at a municipal waste combustor must be disposed of in accordance with article 74:27. Source: 17 SDR 69, effective November 22, 1990; transferred from § 74:26:26:02, 19 SDR 157, effective April 22, 1993; 23 SDR 106, effecti…

74:36:07:09. Standards of performance for portland cement plants. The standards of performance for portland cement plants are those in 40 C.F.R. Part 60, Subpart F (July 1, 2024). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from…

74:36:07:10. Standards of performance for hot mix asphalt facilities. The standards of performance for hot mix asphalt facilities are those in 40 C.F.R. Part 60, Subpart I (July 1, 2024). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transfer…

74:36:07:100. Tier 1 nonmethane organic compound emission rate for existing municipal solid waste landfills. If the nonmethane organic compound emission rate calculated in § 74:36:07:99 is: (1) Less than 34 megagrams per year, the owner or operator shall submit a nonmethane organ…

74:36:07:101. Tier 2 nonmethane organic compound emission rate for existing municipal solid waste landfills. The owner or operator of an existing municipal solid waste landfill must install at least two sample probes per hectare, evenly distributed over the landfill surface that …

74:36:07:102. Tier 3 nonmethane organic compound emission rate for existing municipal solid waste landfills. The site-specific methane generation rate constant must be determined using the procedures provided in 40 C.F.R. Part 60, Appendix A, Method 2E (July 1, 2024). The owner o…

74:36:07:103. Tier 4 nonmethane organic compound emission rate for existing municipal solid waste landfills. Tier 4 is allowed only if the owner or operator can demonstrate that nonmethane organic compound emissions are greater than or equal to thirty-four megagrams per year but …

74:36:07:104. Alternative nonmethane organic compound emission rate for existing municipal solid waste landfills. The owner or operator may use an alternative method to determine the nonmethane organic compound concentration or a site-specific methane generation rate constant as …

74:36:07:105. Existing municipal solid waste landfill emission guidelines. The owner or operator of an existing municipal solid waste landfill that meets the following conditions must comply with §§ 74:36:07:106 to 74:36:07:145, inclusive: (1) The landfill has accepted waste at a…

74:36:07:106. Installation of a gas collection and control system at existing municipal solid waste landfill.. The owner or operator of an existing municipal solid waste landfill that meets the requirements in § 74:36:07:105 shall plan, award contracts, install and start up a col…