South Dakota Administrative Code

74:36:13:04. Notice to department of exceedance. Any emissions that exceed the standards listed in 40 C.F.R. Part 60 (July 1, 2024) or this article and that are detected through continuous emission monitoring systems must be reported to the department within the time constraints …

Rule 74:36:13:05 Compliance determined by data from continuous emission monitor. 74:36:13:05. Compliance determined by data from continuous emission monitor. The emissions data from a continuous emission monitor on a unit shall be used to monitor compliance. The compliance requir…

74:36:13:06. Compliance certification. Notwithstanding any other provision in any plan approved by the administrator, for the purpose of submission of compliance certifications, an owner or operator may use monitoring as required under 40 C.F.R. § 70.6(a)(3) (July 1, 2024) and in…

74:36:13:07. Credible evidence. Notwithstanding any other provision, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of a plan. Credible evidence is as follows: (1) Information from the use of the following method…

74:36:13:08. Compliance assurance monitoring. The owner or operator of a unit that is subject to 40 C.F.R. § 64.2 (July 1, 2024) must comply with 40 C.F.R. §§ 64.1 and 64.3 to 64.10, inclusive (July 1, 2024). Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June…

Rule 74:36:15:01 Transferred. 74:36:15:01. Transferred to § 74:36:06:07.

Rule 74:36:15:02 Repealed. 74:36:15:02. Open burning practices permissible.Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:04:03, 34:10:04:04, 34:10:04:06, 34:10:04:07, 34:01:04:08, 34:10:04:08.01, and 34:10:04:12, 7 SDR 4, e…

Rule 74:36:15:03 Repealed. 74:36:15:03. Refuse burning in rural areas -- Conditions -- Restrictions.Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:04:09, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:04:10, effec…

74:36:16:01. General provisions. The following provisions are incorporated by reference: 40 C.F.R. §§ 72.2 to 72.85, inclusive (July 1, 2024), except for the definitions of the following terms in § 72.2: "Environmental Appeals Board," "EPA trial staff," "ex parte communication," …

74:36:16:02. Allowance system. The allowance system for the acid rain program is that in 40 C.F.R. §§ 73.1 to 73.53, inclusive (July 1, 2024). Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effe…

Rule 74:36:16:03 Reserved. 74:36:16:03. Reserved.

74:36:16:04. Continuous emission monitoring. The continuous emission monitoring requirements for the acid rain program are those in 40 C.F.R. §§ 75.1 to 75.67, inclusive (July 1, 2024) and Appendices A to G, inclusive, to 40 C.F.R. Part 75 (July 1, 2024). Source: 21 SDR 119, effe…

74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emission reduction requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76.15, inclusive (July 1, 2024). Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26…

Rule 74:36:17:01 Applicability. 74:36:17:01. Applicability. This rule applies to the application of or removal of any street sanding or deicing materials on the streets in the Rapid City zone. The Rapid City zone comprises the streets within the city limits of Rapid City bordered…

Rule 74:36:17:02 Reasonable available control technology. 74:36:17:02. Reasonable available control technology. Any operation to which this rule applies shall provide for reasonable available control technology to prevent the entrainment or reentrainment of road dust into the amb…

Rule 74:36:17:03 Street sanding specifications. 74:36:17:03. Street sanding specifications. The following are the street sanding specifications to be used in the Rapid City zone: (1) A durability or hardness as defined in Mohs scale of greater than 6 for 70 percent of the materia…

Rule 74:36:17:04 Street sanding and deicing plan. 74:36:17:04. Street sanding and deicing plan. Any state, county, or municipal entity or their contractor with a street sanding or deicing operation in the Rapid City zone shall submit a plan to the department on April 15, 1996, an…

Rule 74:36:17:05 Street sanding and sweeping recordkeeping. 74:36:17:05. Street sanding and sweeping recordkeeping. Operators of street sanding and sweeping equipment working in the Rapid City zone shall maintain records to document the street sanding and sweeping operations. The…

Rule 74:36:17:06 Inspection authority. 74:36:17:06. Inspection authority. The secretary may enter the storage site of any user of street sanding material covered by this chapter for the purpose of obtaining samples of materials, inspecting records, or conducting any inspection au…

Rule 74:36:18:01 Definitions. 74:36:18:01. Definitions. Unless otherwise specified, the terms used in this chapter mean: (1) "Construction activity," any temporary activity at a state facility, which involves the removal or alteration of the natural or pre-existing cover of one a…

Rule 74:36:18:02 Applicability. 74:36:18:02. Applicability. The requirements of this chapter apply to state facilities and state contractors that conduct a construction activity or continuous operation activity in the Rapid City air quality control zone. Source: 28 SDR 178, effec…

Rule 74:36:18:03 Permit required. 74:36:18:03. Permit required. Beginning on August 1, 2002, no state facility or state contractor may engage in any construction activity or continuous operation activity within the Rapid City air quality control zone which may cause fugitive emis…

Rule 74:36:18:04 Time period for permits and renewals. 74:36:18:04. Time period for permits and renewals. A construction activity or continuous operation activity permit is issued for a period up to five years and all subsequent permits are for periods of five years. Source: 28 S…

Rule 74:36:18:05 Required contents of a complete application for a permit. 74:36:18:05. Required contents of a complete application for a permit. An application for a construction activity and continuous operation activity permit shall contain the following information to be cons…

Rule 74:36:18:06 Contents of permit. 74:36:18:06. Contents of permit. The construction activity and continuous operation activity permit shall include the following: (1) The signature of either the secretary or the chairman; (2) The name of the person, company, political subdivis…

Rule 74:36:18:07 Permit expiration. 74:36:18:07. Permit expiration. Permit expiration terminates the source's right to operate unless a timely and complete renewal application has been submitted to the secretary. Source: 28 SDR 178, effective July 1, 2002. General Authority: SDCL…

Rule 74:36:18:08 Renewal of permit. 74:36:18:08. Renewal of permit. Permits being renewed are subject to the same procedural requirements in §§ 74:36:04:06 and 74:36:04:08 to 74:36:04:14, inclusive, as the original permit issuance. Source: 28 SDR 178, effective July 1, 2002. Gene…

Rule 74:36:18:09 Reasonably available control technology required. 74:36:18:09. Reasonably available control technology required. The owner or operator of a state facility or state contractor shall install and/or implement reasonably available control technology to prevent fugiti…

74:36:18:10. Visible emission limit for construction and continuous operation activities. The owner or operator of a state facility or a state contractor may not discharge into the ambient air from a fugitive source an air pollutant of a density equal to or greater than that desi…

Rule 74:36:18:11 Exception to visible emission limit. 74:36:18:11. Exception to visible emission limit. The provisions of § 74:36:18:10 do not apply if all three of the following meteorological conditions exist: (1) Five consecutive days of 0.02 inches or less of precipitation ea…

Rule 74:36:18:12 Notice of operating noncompliance -- Contents. 74:36:18:12. Notice of operating noncompliance -- Contents. If the secretary determines that the operation of a source is not in compliance with this article, the Clean Air Act, or permit conditions, the secretary ma…

Rule 74:36:20:01 Applicability. 74:36:20:01. Applicability. The requirements of this chapter apply to the construction of all new sources or modifications to existing sources. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented:…

Rule 74:36:20:02 Construction permit required. 74:36:20:02. Construction permit required. A person may not construct, install, modify, or 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 …

Rule 74:36:20:02.01 Initiating construction prior to permit issuance. 74:36:20:02.01. Initiating construction prior to permit issuance. The owner or operator of a new source or modification to an existing source may only install concrete foundations, below-ground plumbing, ductwo…

Rule 74:36:20:03 Construction permit exemption. 74:36:20:03. Construction permit exemption. The following new sources or modifications to an existing source are exempt from obtaining a construction permit: (1) A new source or modification to an existing source meeting the require…

Rule 74:36:20:04 Emission unit exemptions. 74:36:20:04. Emission unit exemptions. The following emission units are exempt from inclusion in a construction permit unless the source has requested federally enforceable permit conditions related to the emission unit to avoid needing …

74:36:20:05. Standard for issuance of construction permit. A construction permit for a new source or modification to an existing source may be issued only if it has been shown that the operation of the new source or modification to an existing source will not prevent or interfere…

Rule 74:36:20:05.01 Procedures for an insignificant increase in allowable emissions. 74:36:20:05.01. 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 74:36:20:06 Timely and complete application for a construction permit required. 74:36:20:06. Timely and complete application for a construction permit required. A person who constructs a new source or modification to an existing source required to have a construction permit …

Rule 74:36:20:07 Required contents of complete application for a construction permit. 74:36:20:07. Required contents of complete application for a construction permit. An application for a construction permit for a new source or modification must include the following information…

Rule 74:36:20:08 Applicant required to supplement or correct application. 74:36:20:08. 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 i…

Rule 74:36:20:09 Permit application -- Completeness review. 74:36:20:09. 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 a cons…

Rule 74:36:20:10 Time period for department's recommendation. 74:36:20:10. Time period for department's recommendation. The department shall recommend issuance or denial of a construction permit within 180 days after the submission of a complete application and all other addition…

74:36:20:11. Public participation in permitting process. The department must provide a copy of the draft permit 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. The notice must i…

Rule 74:36:20:12 Public review of department's draft permit. 74:36:20:12. 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 shall be…

Rule 74:36:20:13 Final permit decision -- Notice to interested persons. 74:36:20:13. 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 74:36:20:14 Right to petition for contested case hearing. 74:36:20:14. 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 74:36:20:15 Contents of construction permit. 74:36:20:15. Contents of construction permit. A construction permit shall include the following: (1) The signature of either the secretary or the chairman; (2) The name of the person, company, political subdivision, agency, or ins…

Rule 74:36:20:16 Administrative permit amendment. 74:36:20:16. 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 74:36:20:17 Procedures for administrative permit amendments. 74:36:20:17. 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…