South Dakota Administrative Code

Rule 74:36:20:18 Reopening construction permit for cause. 74:36:20:18. Reopening construction permit for cause. The department may reopen a construction permit for further review if the department determines that the permit contains a material mistake in establishing the emission…

Rule 74:36:20:19 Procedures to reopen construction permit. 74:36:20:19. Procedures to reopen construction permit. The department shall notify the source at least 30 days before reopening a construction permit. The department may reopen a permit in a shorter time in an emergency. …

Rule 74:36:20:20 Construction permit does not exempt from other requirements. 74:36:20:20. Construction permit does not exempt from other requirements. The issuance of a construction permit for a new source or modification to an existing source does not exempt the new source or m…

Rule 74:36:20:21 Expiration of a construction permit. 74:36:20:21. Expiration of a construction permit. A construction permit expires if the construction of the new source or modification to an existing source has not commenced within 18 months after the effective date of the con…

Rule 74:36:20:22 Notice of constructing or operating noncompliance -- Contents. 74:36:20:22. Notice of constructing or operating noncompliance -- Contents. If the department determines that the construction or operation of a source is not in compliance with this article, the Clea…

Rule 74:36:20:23 Petition for contested case on alleged violation. 74:36:20:23. Petition for contested case on alleged violation. In accordance with § 74:36:20:22, the department may file a petition containing the information required in article 74:09 with the chairman to request…

Rule 74:36:20:24 Circumvention of emissions not allowed. 74:36:20:24. Circumvention of emissions not allowed. A person may not install or cause the installation or use of a device or a means that conceals or dilutes an emission of air pollutants that would otherwise violate this …

Rule 74:36:21:01 Applicability. 74:36:21:01. Applicability. The provisions of this chapter apply to the owner or operator of a new major source, modification to a major source, and a BART-eligible source. The provisions of this chapter do not apply to a major source or major modi…

74:36:21:02. Definitions. Terms used in this chapter mean: (1) "Adverse impact on visibility," visibility impairment that interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory Class I federal area; (2) "BART," b…

Rule 74:36:21:03 Existing stationary facility defined. 74:36:21:03. Existing stationary facility defined. An existing stationary facility is any of the following stationary sources of air pollutants, including any reconstructed source that was not in operation before August 7, 19…

74:36:21:04. Visibility impact analysis. An air quality construction permit for a new major source or modification to a major source must demonstrate to the department that the potential to emit from the new major source or modification to a major source may be issued only if it …

74:36:21:05. BART determination. The owner or operator of a BART-eligible source that emits any air pollutant that may reasonably be anticipated to contribute to adverse impact on visibility in any mandatory Class I federal area must submit a BART determination. The BART determin…

Rule 74:36:21:06 BART determination for a BART-eligible coal-fired power plant. 74:36:21:06. BART determination for a BART-eligible coal-fired power plant. The owner or operator of a BART-eligible coal-fired power plant may not cause or permit emissions of the following regulated…

Rule 74:36:21:07 Installation of controls based on visibility impact analysis or BART determinaiton. 74:36:21:07. Installation of controls based on visibility impact analysis or BART determination. The owner or operator of a new major source, modification to a major source, or a …

Rule 74:36:21:08 Operation and maintenance of controls. 74:36:21:08. Operation and maintenance of controls. The owner or operator required to install and operate controls established in a visibility impact analysis or BART determination shall establish written procedures to ensur…

74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator required to install and operate controls established in a visibility impact analysis or BART determination must conduct periodic monitoring, recordkeeping, and reporting. All sulfur dioxide and nitrogen …

Rule 74:36:21:10 Permit to construct. 74:36:21:10. Permit to construct. The owner or operator subject to this chapter may be issued a permit to construct in accordance with chapter 74:36:20 if the department determines that the new major source or modification to a major source d…

Rule 74:36:21:11 Permit required for BART determinartion. 74:36:21:11. Permit required for BART determination. The owner or operator of a BART-eligible source shall submit an application in accordance with chapter 74:36:20 to include the controls, emission limits, monitoring, rec…

Rule 74:36:21:12 Federal land manager notification and review. 74:36:21:12. Federal land manager notification and review. The department shall provide written notice to the federal land manager of a BART determination or any permit application for a new major source or modificati…

Rule 74:36:21:13 Calculate a 30-day rolling average. 74:36:21:13. Calculate a 30-day rolling average. The following procedures shall be used to calculate a 30-day rolling average: (1) Sum the total pounds of pollutant in question emitted from a unit during an operating day and th…

Rule 74:37:01:01 Applicability. 74:37:01:01. Applicability. The provisions of article 74:36 apply to this chapter unless otherwise stated. This chapter applies to Part 70 sources as defined in § 74:36:01:01. Source: 19 SDR 199, effective July 1, 1993. General Authority: SDCL 34A-…

Rule 74:37:01:02 Regulated air pollutant defined. 74:37:01:02. Regulated air pollutant defined. A regulated air pollutant is one of the following: (1) Nitrogen oxides or any volatile organic compounds; (2) Particulate matter; (3) Nitrogen dioxide, sulfur dioxide, lead, ozone, or …

Rule 74:37:01:03 Rock crusher defined. 74:37:01:03. Rock crusher defined. A rock crusher is a unit that is used to crush any mineral or rock, such as jaw, gyratory, cone, roll, rod mill, hammermill, and impactor types. Source: 19 SDR 199, effective July 1, 1993. General Authority…

Rule 74:37:01:03.01 Application fee. 74:37:01:03.01. Application fee. An applicant for a construction permit for a source that is considered a major source as defined in § 74:36:01:08, an initial Part 70 operating permit as defined in § 74:36:01:01, a general permit for a Part 70…

Rule 74:37:01:04 Administrative fee. 74:37:01:04. Administrative fee. Existing sources with a Part 70 operating permit as defined in § 74:36:01:01, except single rock crushers or single asphalt plants with a general permit, shall pay an annual administrative fee based on actual e…

Rule 74:37:01:05 Annual air emission fee. 74:37:01:05. Annual air emission fee. In addition to the fee established in § 74:37:01:04, the owner or operator of a Part 70 source as defined in § 74:36:01:01, except single rock crushers or single asphalt plants with a general permit, …

Rule 74:37:01:06 Annual operational report. 74:37:01:06. Annual operational report. An owner or operator of a Part 70 source as defined in § 74:36:01:01, except any single rock crusher or single asphalt plant with a general permit, shall submit an annual operational report to the…

Rule 74:37:01:07 Flat fee for rock crushers. 74:37:01:07. Flat fee for rock crushers. The annual flat fee for an existing single rock crusher with a general permit is $446. The administrative fee in § 74:37:01:04, the annual air emission fee in § 74:37:01:05, and the annual opera…

Rule 74:37:01:07.01 Flat fee for asphalt plants. 74:37:01:07.01. Flat fee for asphalt plants. The annual flat fee for an existing single asphalt plant with a general permit is $333. The administrative fee in § 74:37:01:04, the annual air emission fee in § 74:37:01:05, and the ann…

Rule 74:37:01:07.02 Flat fee for coal-fired power plants. 74:37:01:07.02. Flat fee for coal-fired power plants. The annual flat fee for any coal-fired power plant with a maximum heat output rate of 400 megawatts or greater is $244,000. A coal-fired power plant means any person, c…

Rule 74:37:01:08 Notification of source. 74:37:01:08. Notification of source. The department shall notify the owner or operator of the source of the amount of the required annual air emission fee and administrative fee or flat fee by June 1 of each calendar year. The fees shall a…

Rule 74:37:01:09 Notification of error. 74:37:01:09. Notification of error. An owner or operator of a source who believes that the assessed fee is in error may submit a written explanation and supporting documentation substantiating the error to the department. The submittal must…

Rule 74:50:01:01 Definitions. 74:50:01:01. Definitions. Terms defined in SDCL 34A-2-2 have the same meaning when used in this article. In addition, "department" means the Department of Agriculture and Natural Resources. Source: Copied from §§ 74:03:01:38 and 74:03:02:01 and trans…

Rule 74:50:02:01 Applicability. 74:50:02:01. Applicability. The procedures in this chapter apply to articles 74:51 to 74:56, inclusive. Source: Effective July 1, 1996. General Authority: SDCL 34A-2-93. Law Implemented: SDCL 34A-2-93. Editor's Note: The Legislative Research Counci…

Rule 74:50:02:02 Petition to initiate contested case. 74:50:02:02. Petition to initiate contested case. A person contesting a recommendation of the department concerning a permit application or requesting an order from the board or secretary shall file a petition for a contested …

Rule 74:50:02:03 Initiation of contested case. 74:50:02:03. Initiation of contested case. The board or secretary may on its own motion request that any matter under its jurisdiction be scheduled for hearing. The department shall notice the parties and the public of any hearing re…

Rule 74:50:02:04 Answer to petition to initiate contested case. 74:50:02:04. Answer to petition to initiate contested case. Within 30 days after the receipt of a petition an interested person shall serve a written answer on the petitioner, the department, and other parties of rec…

Rule 74:50:02:05 Intervention in contested case. 74:50:02:05. Intervention in contested case. A person who desires to intervene in a contested case proceeding shall file a petition that substantially conforms to the requirements of § 74:50:02:02. The petition shall be filed with …

Rule 74:50:02:06 Initiation of enforcement hearing. 74:50:02:06. Initiation of enforcement hearing. The department shall initiate an enforcement hearing by filing a petition that substantially complies with the requirements of § 74:50:02:02. The department shall serve a notice of…

Rule 74:50:02:07 Pleadings to be filed with department. 74:50:02:07. Pleadings to be filed with department. The original of any petition, motion, or other pleading shall be filed with the department. The person filing the pleading shall mail copies of it to the prehearing examine…

Rule 74:50:02:08 Appointment of hearing chairman. 74:50:02:08. Appointment of hearing chairman. Upon the filing of a hearing before the board, the chair of the board shall appoint a member of the board to act as chair of the hearing. The chair of the hearing is responsible for al…

Rule 74:50:02:09 Prehearing motions. 74:50:02:09. Prehearing motions. Any party may make a prehearing motion by filing the motion in writing with the department before the date set for the prehearing conference. Copies of the motion shall be served upon the chair of the hearing o…

Rule 74:50:02:10 Prehearing conference. 74:50:02:10. Prehearing conference. The chair of the hearing or the secretary shall hold a prehearing conference within 20 days after the filing of a petition for a contested case. The chair of the hearing or the secretary shall decide all …

Rule 74:50:02:11 Notice of contested case. 74:50:02:11. Notice of contested case. The department shall issue a notice of a contested case proceeding which complies with the provisions of SDCL 1-26. The notice shall refer to all petitions filed with the department and shall be ser…

Rule 74:50:02:12 Subpoenas. 74:50:02:12. Subpoenas. The chair of the hearing or the secretary shall issue any subpoena necessary for the conduct of the hearing. A party wishing to obtain a subpoena shall submit a written request and a proposed subpoena to the chair of the hearing…

Rule 74:50:02:13 Conduct of hearings. 74:50:02:13. Conduct of hearings. The chair of the hearing shall act as the chair of the board for the contested case hearing before the board and shall make all necessary evidentiary rulings during the proceeding. Source: 14 SDR 86, effectiv…

Rule 74:50:02:14 Transcripts. 74:50:02:14. Transcripts. A party wishing to obtain a transcript of a contested case hearing must make arrangements with a court reporter prior to the hearing. The department or the board may, on their own motion, have a transcript of a contested cas…

Rule 74:50:02:15 Means and proof of service. 74:50:02:15. Means and proof of service. The service of all pleadings, notices, or orders may be made by certified mail or personal service. An affidavit of mailing or service, copies of the receipts for delivery of certified mail, an …

Rule 74:50:02:16 Degree of proof required. 74:50:02:16. Degree of proof required. Whenever, under the provisions of this chapter, a person is required to find, demonstrate, show, or otherwise establish a fact, that fact must be established by a preponderance of the evidence. Sour…

Rule 74:50:02:17 Appointment of hearing examiner. 74:50:02:17. Appointment of hearing examiner. The secretary or the board may appoint a hearing examiner to conduct the hearing of the contested case. After conducting the prehearing conference and hearing the proceeding, the heari…