Amendments to 74:36 Air Pollution Control Program

DRAFT A-1







Appendix A

Proposed Amendments

To

ARSD 74:36 – Air Pollution Control Program









AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-2 ARTICLE 74:36

AIR POLLUTION CONTROL PROGRAM


Chapter
74:36:01 Definitions.
74:36:02 Ambient air quality.
74:36:03 Air quality episodes.
74:36:04 Operating permits for minor sources.
74:36:05 Operating permits for Part 70 sources.
74:36:06 Regulated air pollutant emissions.
74:36:07 New source performance standards.
74:36:08 National emission standards for hazardous air pollutants.
74:36:09 Prevention of significant deterioration.
74:36:10 New source review.
74:36:11 Performance testing.
74:36:12 Control of visible emissions.
74:36:13 Continuous emission monitoring systems.
74:36:14 Variances, Repealed.
74:36:15 Open burning, Transferred or Repealed.
74:36:16 Acid rain program.
74:36:17 Rapid City street sanding and deicing. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-3 74:36:18 Regulations for state facilities in the Rapid City area.
74:36:19 Mercury budget trading program, Repealed.
74:36:20 Construction permits for new sources or modifications.
74:36:21 Regional haze program.


















AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-4 CHAPTER 74:36:01

DEFINITIONS


Section
74:36:01:01 Definitions.
74:36:01:02 Repealed.
74:36:01:03 Administrative permit amendment defined.
74:36:01:04 Affected states defined.
74:36:01:05 Applicable requirements of the Clean Air Act defined.
74:36:01:06 Complete application defined.
74:36:01:07 Repealed.
74:36:01:08 Major source defined.
74:36:01:09 Categories of sources defined.
74:36:01:10 Modification defined.
74:36:01:10.01 Insignificant increase in allowable emissions.
74:36:01:11 National ambient air quality standard (NAAQS).
74:36:01:12 Potential to emit defined.
74:36:01:13 Process weight rate defined.
74:36:01:14 Repealed.
74:36:01:15 Regulated air pollutant defined.
74:36:01:16 Responsible official defined. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-5 74:36:01:17 Repealed.
74:36:01:18 Municipal solid waste landfill defined.
74:36:01:19 Existing municipal solid waste landfill defined.
74:36:01:20 Physical change in or change in the method of operation defined.
74:36:01:21 Commenced construction defined.


74:36:01:01. Definitions. As used in this article:

(1) "Act" means chapter 34A-1 of the South Dakota Codified Laws;

(2) "Acid rain permit" means a legally binding written document or portion of a document
that is issued by the department and specifies the acid rain program requirements applicable to an
affected source and to the owners and operators and the designated representative of the affected
source;

(3) "Acid rain program" means the national sulfur dioxide and nitrogen oxides air pollution
control and emissions reduction program established in accordance with Title IV of the Clean Air
Act;

(4) "Administrator" means the administrator of the Environmental Protection Agency or the
secretary or their authorized representatives;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-6 (5) "Affected source" means a source that includes one or more affected units under Title
IV of the Clean Air Act;

(6) "Affected unit" means a unit that is subject to any of the emission reduction requirements
or emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36:16;

(7) "Air pollutant" means one or a combination of the regulated air pollutants listed in
§ 74:36:01:15;

(8) "Allowable emissions" means the emission rate calculated using the maximum rated
capacity of a source unless the source is subject to federally enforceable limits which restrict
operating rate, hours of operation, or both, and the most stringent of:

(a) The applicable new source performance standards in chapter 74:36:07;
(b) The applicable national emission standards in chapter 74:36:08;
(c) Any applicable emission limitations specified in this article, including those with a
future compliance date;
(d) The emission rate specified as a permit condition; or
(e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July 1, 2018 July 1, 2024);

(9) "Ambient air" means that portion of the atmosphere external to buildings to which the
general public has access;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-7 (10) "ASTM" means the American Society for Testing and Materials;

(11) "Board" means the Board of Minerals and Environment;

(12) "Btu" means British thermal unit;

(13) "CO" means carbon monoxide;

(14) "Chairman" means chairman of the board;

(15) "Clean Air Act" means the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through
January 1, 2010;

(16) "Clean Air Act Amendments" means the amendments to the Clean Air Act enacted in
Pub. L. No. 101-549, November 15, 1990;

(17) "Control equipment" means a device which prevents or reduces emissions;

(18) "Criteria pollutant" means nitrogen oxides, volatile organic compounds, and selected
and specified pollutants for which limiting ambient air quality standards have been set, including
sulfur dioxides, particulate matter, carbon monoxide, ozone, nitrogen oxides dioxide, and lead;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-8 (19) "Department" means the South Dakota Department of Agriculture and Natural
Resources;

(20) "Designated representative" means the responsible person or official authorized by the
owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the owner
or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to
the unit and the submission of and compliance with permits, permit applications, and compliance
plans for the unit;

(21) "Draft permit" means the version of a permit for which the department offers public
participation or affected state review;

(22) "Emissions allowable under the permit" means a federally enforceable permit term or
condition determined at issuance to be required by an applicable requirement that establishes an
emissions limit, including work practice standards, or a federally enforceable emissions cap that
the source has assumed to avoid an applicable requirement to which the source would otherwise
be subject;

(23) "Emission standard" means the maximum amount of a pollutant legally permitted to
be discharged from a single unit;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-9 (24) "Emission unit" or "Unit" means any part or activity of a stationary source which emits
or has the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of
the Clean Air Act;

(25) "EPA" means the Environmental Protection Agency;

(26) "Equivalent method" means any method of sampling and analysis for an air pollutant
which has a consistent and quantitatively known relationship to the reference method under
specified conditions;

(27) "Existing source" means a source that has an approved state-issued permit;

(28) "Facility" means a building, structure, or installation of pollutant-emitting activities
which belong to the same industrial grouping, located on one or more contiguous or adjacent
properties and under the control of the same person or of persons under common control, except
the activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial
grouping if they belong to the same major group, i.e., have the same two-digit code, as described
in the Standard Industrial Classification Manual, 1987;

(29) "Federally enforceable" means all limits and conditions that are enforceable by the
administrator of EPA pursuant to federal law. These limits and conditions include those
requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July
1, 2018 July 1, 2024), requirements within the state implementation plan, and permit requirements AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-10 established pursuant to this article or 40 C.F.R. § 51 Subpart I (July 1, 2018 July 1, 2024). The use
of this term does not impede the department's authority under state law to enforce these limits and
conditions;

(30) "Final permit" means the version of an operating permit issued by the permitting
authority for a source that has completed all required review procedures;

(31) "Fuel-burning unit" means a furnace, boiler, apparatus, stack, or any of their
components used in the process of burning fuel or other combustible material for the primary
purposes of producing heat or power by indirect heat transfer;

(32) "Fugitive emissions" means those air pollutants which could not reasonably pass
through a stack, chimney, vent, or other functionally equivalent opening;

(33) "General permit" means a permit issued by the board in accordance with SDCL 34A-
1-56 that may be made applicable to numerous similar sources;

(34) "Heat input" means the aggregate heat content of all fuels whose products of
combustion pass through a stack or stacks, using the heat input value of the equipment
manufacturer's or designer's guaranteed maximum input, whichever is greater;

(35) "Incinerator" means a furnace used to burn solid waste to reduce the volume of the
waste by removing its combustible material; AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-11 (36) "Malfunction" means any sudden and unavoidable failure of air pollution control
equipment or process equipment or of a process to operate in a normal or usual manner, but not a
failure caused entirely or in part by poor maintenance, careless operation, preventable equipment
breakdown, or any other cause within the control of the owner or operator of the source;

(37) "Minor source" means a source whose potential emissions of a criteria pollutant are
less than 100 tons a year and which does not meet the definition of a Part 70 source;

(38) "New source" means a source that has not been constructed and does not possess a
permit;

(39) "Nonattainment area" means an area that does not meet or that contributes to ambient
air quality in a nearby area that does not meet the national primary or secondary ambient air quality
standard for the pollutant;

(40) "NSR" means new source review;

(41) "Opacity" means the degree to which emissions reduce the transmission of light and
obscure the view of an object in the background;

(42) "Open burning" means the burning of any matter in such a manner that the products of
combustion resulting from the burning are emitted directly into the ambient air without passage
through a stack, duct, or chimney; AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-12 (43) "Operating permit" means a written authorization issued by the board or the secretary
for the operation of a source;

(44) "Owner or operator" means any person who owns, leases, operates, controls, or
supervises a source;

(45) "Part 70 operating permit" means any permit or group of permits covering a Part 70
source that is issued, renewed, amended, or revised;

(46) "Part 70 source" means any source subject to § 74:36:05:03;

(47) "Particulate matter" means a broad class of chemically and physically diverse
substances that exist as discrete particles, liquid droplets, or solids over a wide range of sizes;

(48) "Permit modification" means a change to a source which operates under a minor source
operating permit or Part 70 operating permit that meets the requirements of § 74:36:01:10;

(49) "Permit revision" means a revision to a minor source operating permit or Part 70
operating permit to incorporate a permit modification, administrative permit amendment,
insignificant increase in allowable emissions, or minor permit amendment;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-13 (50) "Person" means an individual, corporation, partnership, firm, association, trust, estate,
public or private institution, group, agency, political subdivision or state agency or any legal
successor, representative, agent, or agency of the foregoing;

(51) "PM10" means particulate matter with an aerodynamic diameter less than or equal to a
nominal ten micrometers as measured by an applicable reference or equivalent method;

(52) "Proposed Part 70 operating permit" means a permit that the department has forwarded
to EPA for review after the closure of the public notice period and after considering any public
comments, including those from affected states;

(53) "PSD" means prevention of significant deterioration;

(54) "Salvage operation" means an operation conducted in whole or in part for the
reclaiming of product or material;

(55) "Secretary" means the secretary of the South Dakota Department of Agriculture and
Natural Resources or an authorized representative;

(56) "Shutdown" means the cessation of operation of any control equipment, process
equipment, or process for any purposes;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-14 (57) "Smoke" means small gas-borne particles resulting from incomplete combustion,
consisting predominantly, but not exclusively, of carbon, ash, and other combustible material, that
form a visible plume in the air;

(58) "Source" means a facility that emits or may emit any air pollutant regulated under the
Clean Air Act;

(59) "Start-up" means the setting into operation of any control equipment, process
equipment, or process for any purpose;

(60) "Title I" means Title I of the Clean Air Act Amendments, provisions for attainment
and maintenance of national ambient air quality standards;

(61) "Title IV" means Title IV of the Clean Air Act Amendments, acid deposition control;

(62) "Title V" means Title V of the Clean Air Act Amendments, permits;

(63) "Title VI" means Title VI of the Clean Air Act Amendments, stratospheric ozone
protection;

(64) "VOC" or "volatile organic compounds" means the same as defined in 40 C.F.R.
§ 51.100(s) (July 1, 2018 July 1, 2024);
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-15 (65) "Wire reclamation furnace" means a furnace that uses either direct or indirect heat
transfer to salvage nonferrous metals through the thermal destruction of solid waste materials;

(66) "PM2.5" means particulate matter with an aerodynamic diameter less than or equal to
a nominal 2.5 micrometers as measured by an applicable reference or equivalent method;

(67) "SO2" means sulfur dioxide;

(68) "NO2" means nitrogen dioxide;

(69) "Construction permit" means a written authorization issued by the board or the
secretary for the construction and operation of a new source or modification to an existing source;
and

(70) "Subject to regulation" means for any air pollutant, that the pollutant is subject to either
a provision in the Clean Air Act, or a nationally-applicable regulation codified by the
Administrator in 40 C.F.R. Part 50 (July 1, 2018 July 1, 2024), that requires actual control of the
quantity of emissions of that pollutant, and that such a control requirement has taken effect and is
operative to control, limit or restrict the quantity of emissions of that pollutant released from the
regulated activity;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-16 (71) Closed landfill" means a landfill in which solid waste is no longer being placed, and in
which no additional solid waste will be placed without first filing a notification of modification;
and

(72) Closed landfill subcategory" means a closed landfill that has submitted a closure report
for an existing municipal solid waste landfill as specified in § 74:36:07:142 on or before September
27, 2017.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from
§ 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1,
1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR
129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88,
effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from
§ 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective
September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006;
36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-17 Reference: Standard Industrial Classification Manual, 1987, Executive Office of the
President, Office of Management and Budget. Copies may be obtained from National Technical
Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-100012.
Cost: $31.

74:36:01:05. Applicable requirements of the Clean Air Act defined. Applicable
requirements of the Clean Air Act include all of the following as they apply to emissions units in
a Part 70 source, unless the context of the Clean Air Act requires otherwise:

(1) Any standard or other requirement provided for in the applicable implementation plan
approved or promulgated by EPA through rulemaking under Title I of the Clean Air Act that
implements the relevant requirements of the Clean Air Act, including any revisions to that plan
promulgated in 40 C.F.R. Part 52 (July 1, 2018 July 1, 2024);

(2) Any term or condition of any preconstruction permits issued pursuant to regulations
approved through rulemaking under Title I, including Parts C or D, of the Clean Air Act;

(3) Any standard or other requirement under § 111 of the Clean Air Act, including § 111(d);

(4) Any standard or other requirement under § 112 of the Clean Air Act, including any
requirement concerning accident prevention under § 112(r)(7) of the Clean Air Act;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-18 (5) Any standard or other requirement of the acid rain program under Title IV of the Clean
Air Act or the regulations promulgated under it;

(6) Any monitoring, reporting, and certification requirements established pursuant to
§ 504(b) or 114(a)(3) of the Clean Air Act;

(7) Any standard or other requirement governing solid waste incineration, under § 129 of
the Clean Air Act;

(8) Any standard or other requirement for consumer and commercial products, under
§ 183(e) of the Clean Air Act;

(9) Any standard or other requirement for tank vessels, under § 183(f) of the Clean Air Act;

(10) Any standard or other requirement of the program to control air pollution from outer
continental shelf sources, under § 328 of the Clean Air Act;

(11) Any standard or other requirement of the regulations promulgated to protect
stratospheric ozone under Title VI of the Clean Air Act, unless the administrator of the EPA has
determined that such requirements need not be contained in a Part 70 operating permit; and
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-19 (12) Any national ambient air quality standard or increment or visibility requirement under
Part C of Title I of the Clean Air Act, but only as it would apply to temporary sources permitted
pursuant to § 504(e) of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25
SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6.

74:36:01:20. Physical change in or change in the method of operation defined. 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) and (b) of
the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on
January 1, 1993, or because of a natural gas curtailment plan pursuant to the Federal Power Act as
in effect on January 1, 1993;

(3) Use of an alternative fuel because of an order or rule under § 125 of the Clean Air Act; AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-20
(4) Use at a steam generating unit of an alternative fuel that is generated from municipal
solid waste;
(5) An increase in the hours of operation or in the production rate, unless the change is
prohibited under a federally enforceable permit condition which was established after January 6,
1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2018 July 1, 2024), or under regulations approved
pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2018 July 1, 2024);

(6) Any change of ownership at a source;

(7) The use of an alternative fuel or raw material by a source which the source was capable
of accommodating before January 6, 1975, unless the change is prohibited under a federally
enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R.
§ 52.21 (July 1, 2018 July 1, 2024), or under regulations approved pursuant to 40 C.F.R. Part 51,
Subpart I, or 40 C.F.R. § 51.166 (July 1, 2018 July 1, 2024); or

(8) The use of an alternative fuel or raw material which the source is approved to use under
a permit issued under 40 C.F.R. § 52.21 (July 1, 2018 July 1, 2024) or under regulations approved
pursuant to 40 C.F.R. § 51.165 (July 1, 2018 July 1, 2024).

Source: 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32
SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-21 June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6.


















AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-22 CHAPTER 74:36:02

AMBIENT AIR QUALITY


Section
74:36:02:01 Air quality goals.
74:36:02:02 Ambient air quality standards.
74:36:02:03 Methods of sampling and analysis.
74:36:02:04 Air quality monitoring network.
74:36:02:05 Ambient air monitoring requirements.


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, 2018 July 1, 2024); 40 C.F.R. §§ 50.5 and 50.6 (July 1,
2018 July 1, 2024); 40 C.F.R. § 50.8 (July 1, 2018 July 1, 2024); 40 C.F.R. § 50.11 (July 1, 2018
July 1, 2024); 40 C.F.R. § 50.13 (July 1, 2018 July 1, 2024); 40 C.F.R. § 50.14 (July 1, 2018 July
1, 2024); and 40 C.F.R. §§ 50.16 through 50.19 and 50.17 (July 1, 2024); 40 C.F.R. § 50.19 and
50.20 (July 1, 2018 July 1, 2024); and 89 Fed. Reg. 105,785 (December 27, 2024) (to be codified
at 40 C.F.R. § 50.21), define the types and levels of air pollution above which the ambient air
would limit the attainment of the goals specified in § 74:36:02:01. These standards apply to the
entire state and no person may cause these standards to be exceeded. The standards include normal
background levels of air pollutants. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-23 Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from
§ 34:10:02:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:02, effective July 1,
1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective
January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-15.
Law Implemented: SDCL 34A-1-15.

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, 2018 July 1, 2024) shall be measured by the reference method or methods stated in 40
C.F.R. Part 50, Appendix A through Appendix U, (July 1, 2018 July 1, 2024) or an equivalent
method designated in accordance with 40 C.F.R. Part 53 (July 1, 2018 July 1, 2024).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from
§ 34:10:02:11, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:09, effective July 1,
1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:09, 19 SDR
157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April
4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR
209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-24 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46
SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-15.
Law Implemented: SDCL 34A-1-15.

74:36:02:04. Air quality monitoring network. The department shall outline ambient air
monitoring goals, changes, and network design in the air quality monitoring network. The
department shall revise the air quality monitoring network as required by 40 C.F.R. § 58.20 (July
1, 2018 July 1, 2024).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25
SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective
January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-15.
Law Implemented: SDCL 34A-1-15.

74:36:02:05. Ambient air monitoring requirements. The operation of ambient air
monitoring required by the department shall be consistent with 40 C.F.R. Part 58 (July 1, 2018
July 1, 2024). Records of monitoring activities and results shall be retained for a minimum of three
years.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-25 Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25
SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective
January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-15.
Law Implemented: SDCL 34A-1-15.















AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-26 CHAPTER 74:36:03

AIR QUALITY EPISODES
Section
74:36:03:01 Air pollution emergency episode.
74:36:03:02 Episode emergency contingency plan.


74:36:03:01. Air pollution emergency episode. The secretary shall 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, 2018 July 1, 2024), if the accumulation of air pollutants in any place is
attaining or has attained levels which could, if such levels are sustained or exceeded, lead to a
substantial threat to the health of the public.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from
§ 34:10:02:22, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:17, effective July 1,
1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:17, 19 SDR
157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective
January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-15.
Law Implemented: SDCL 34A-1-15. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-27 74:36:03:02. Episode emergency contingency plan. The department shall develop an
episode emergency contingency plan and maintain the plan following the requirements in 40
C.F.R. § 51.152 (July 1, 2018 July 1, 2024). The department shall reevaluate the contingency plan
in accordance with the requirements in 40 C.F.R. § 51.153 (July 1, 2018 July 1, 2024).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-15.
Law Implemented: SDCL 34A-1-15.











AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-28 CHAPTER 74:36:04

OPERATING PERMITS FOR MINOR SOURCES


Section
74:36:04:01 Applicability.
74:36:04:02 Minor source operating permit required.
74:36:04:02.01 Minor source operating permit exemption.
74:36:04:03 Emission unit exemptions.
74:36:04:03.01 Repealed.
74:36:04:04 Standard for issuance o of a minor source operating permit.
74:36:04:05 Time period for operating permits and renewals.
74:36:04:06 Timely and complete application for operating permit required.
74:36:04:07 Required contents of complete application for operating permit.
74:36:04:08 Applicant required to supplement or correct application.
74:36:04:09 Permit application -- Completeness review.
74:36:04:10 Time period for department's recommendation.
74:36:04:11 Repealed.
74:36:04:12 Public participation in permitting process.
74:36:04:12.01 Public review of department's draft permit.
74:36:04:13 Final permit decision -- Notice to interested persons.
74:36:04:14 Right to petition for contested case hearing. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-29 74:36:04:15 Contents of operating permit.
74:36:04:16 Operating permit expiration.
74:36:04:17 Renewal of operating permit.
74:36:04:18 Operating permit revision.
74:36:04:19 Administrative permit amendment.
74:36:04:20 Procedures for administrative permit amendments.
74:36:04:20.01 Minor permit amendment required.
74:36:04:20.02 Requirements for minor permit amendment.
74:36:04:20.03 Application for minor permit amendment.
74:36:04:20.04 Department deadline to approve minor permit amendment.
74:36:04:21 Permit modifications.
74:36:04:21.01 Alternative permit modification procedure.
74:36:04:22 Source status change -- New permit required.
74:36:04:23 Reopening operating permit for cause.
74:36:04:24 Procedures to reopen operating permit.
74:36:04:25 Repealed.
74:36:04:26 Repealed
74:36:04:27 Operating permit termination, revision, and revocation.
74:36:04:28 Notice of operating noncompliance -- Contents.
74:36:04:29 Petition for contested case on alleged violation.
74:36:04:30 Repealed.
74:36:04:31 Circumvention of emissions not allowed.
74:36:04:32 General permits. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-30 74:36:04:33 Secretary may require an individual permit.


74:36:04:12. Public participation in permitting process. The department shall mail
provide a copy of the draft permit for a minor source to the applicant. The department shall publish
a public notice of the draft permit once in a legal newspaper in the county where the source is
located. The notice must include a brief statement describing the source and where it is located;
the department's recommendation and the reasons for it; the activity or activities involved in the
permit action; the emissions change involved in any permit modification; a statement that a person
may submit comments or contest the draft permit within 30 days after the publication of the notice;
describe the procedures a person must follow to contest the draft permit and request a hearing in
accordance with article 74:09; and a statement describing where copies of the draft permit or other
information may be obtained. The department shall provide to the interested parties a 30-day notice
of any hearing to contest a draft permit.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from
§§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:37,
effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective
October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:37, 19 SDR
157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June
28, 2010; 39 SDR 219, effective June 25, 2013.
General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 1-26-27, 34A-1-21. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-31 CHAPTER 74:36:05

OPERATING PERMITS FOR PART 70 SOURCES


Section
74:36:05:01 Applicability.
74:36:05:02 Part 70 operating permit required.
74:36:05:03 Sources required to obtain a Part 70 operating permit.
74:36:05:03.01 Repealed.
74:36:05:04 Sources exempt from obtaining a Part 70 operating permit.
74:36:05:04.01 Insignificant activities.
74:36:05:05 Transferred.
74:36:05:06 Standard for issuance of a Part 70 permit.
74:36:05:06.01 Fees required for operating permit.
74:36:05:07 Time period for operating permits and renewals.
74:36:05:08 Timely and complete application for operating permit required.
74:36:05:09 Complete application.
74:36:05:10 Transferred.
74:36:05:11 Transferred.
74:36:05:12 Required contents of complete application.
74:36:05:13 Applicant required to supplement or correct application.
74:36:05:14 Repealed. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-32 74:36:05:15 Deadline for final action on permit application.
74:36:05:16 Statement of basis for recommended permit conditions.
74:36:05:16.01 Operating permit requirements.
74:36:05:17 Public participation in permitting process.
74:36:05:18 Public and affected state review of draft permit.
74:36:05:19 Transferred.
74:36:05:20 Repealed.
74:36:05:20.01 Final permit decision -- Notice to interested persons.
74:36:05:20.02 Petitions for contested case hearing.
74:36:05:20.03 EPA review of Part 70 operating permit.
74:36:05:21 EPA objection to issuance of operating permit.
74:36:05:21.01 Department response to EPA objection.
74:36:05:22 Department failure to meet EPA objection deadline.
74:36:05:23 Public petition to EPA on the final permit.
74:36:05:24 Repealed.
74:36:05:25 Transferred
74:36:05:26 Transferred
74:36:05:27 Transferred.
74:36:05:28 Permit expiration.
74:36:05:29 Permit renewal.
74:36:05:30 Permit flexibility.
74:36:05:31 Permit amendment -- Application required.
74:36:05:32 Administrative permit amendment required. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-33 74:36:05:33 Procedure for administrative permit amendments.
74:36:05:34 Minor permit amendment required.
74:36:05:35 Requirements for minor permit amendments.
74:36:05:36 Application for minor permit amendment.
74:36:05:37 Notification of EPA and affected states required.
74:36:05:38 Department deadline to approve minor permit amendment.
74:36:05:39 Permit modifications.
74:36:05:39.01 Alternative permit modification procedure.
74:36:05:40 Reopening operating permit for cause.
74:36:05:41 Procedures to reopen permit.
74:36:05:42 Reopening permit for cause by EPA.
74:36:05:43 EPA review of proposed determination.
74:36:05:44 Department failure to submit proposed determination.
74:36:05:45 Repealed.
74:36:05:46 Permit termination, modification, revocation, and reissuance by
department.
74:36:05:47 Notice of operating noncompliance -- Contents.
74:36:05:47.01 Circumvention of emissions not allowed.
74:36:05:48 Petition for contested case on alleged violation.
74:36:05:49 Repealed.
74:36:05:50 Federal enforceability of permit conditions.
74:36:05:51 General permits.
74:36:05:52 Secretary may require an individual permit. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-34 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. 60, Subpart AAA-Standards of
Performance for New Residential Wood Heaters (July 1, 2018 July 1, 2024) are exempt from the
obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70
operating permit for a reason other than the source is subject to Subpart AAA. Exempted sources
must still meet the applicable requirements in Subpart AAA; and

(3) Sources that operate a unit subject to 40 C.F.R. § 61.145, Standard for Demolition and
Renovation (July 1, 2018 July 1, 2024) are exempt from the obligation to obtain a Part 70 operating
permit if the source is not required to obtain a Part 70 operating permit for a reason other than the
source is subject to 40 C.F.R. § 61.145 (July 1, 2018 July 1, 2024). Exempted sources shall meet
the applicable requirements in 40 C.F.R. § 61.145 (July 1, 2018 July 1, 2024).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 34A-1-12, 34A-1-21. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-35 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 to
avoid needing a PSD preconstruction permit or NSR preconstruction permit or the emission unit
is applicable to a standard in chapter 74:36:07 of or 74:36:08:

(1) One or more incinerators of less than 100 pounds per hour combined burning capacity
that combust municipal or household waste;
(2) A mobile internal combustion engine, including engines in autos, trucks, tractors,
airplanes, locomotives, and boats;
(3) Laboratory equipment used exclusively for chemical or physical analysis;
(4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except
for units fueled with wood or coal;
(5) An air conditioning or ventilating system not designed to remove air pollutants from
equipment;
(6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring
roofs, or paving parking lots;
(7) A unit that has the potential to emit two tons or less per year of any criteria pollutant
before the application of control equipment. However, the criteria pollutant emissions from the
unit must be included in determining whether the source is a major source; and
(8) A unit that has the potential to emit two tons or less per year of any hazardous air
pollutant. However, the hazardous air pollutant emissions from the unit must be included in
determining whether the source is a major source. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-36 However, insignificant activities exempted because of size or production rate must be
identified in the Part 70 operating permit application. An application may not omit information
needed to determine the applicability of or to impose an applicable requirement.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31
SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 42 SDR 52, effective
October 13, 2015.
General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 34A-1-12, 34A-1-21.

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 address;

(4) The date on which the operating permit was granted and on which it will expire;

(5) A number for administrative reference; AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-37 (6) The name of a designated person or officer responsible for the source's operation;

(7) A statement granting an operating permit by the board or secretary and any conditions
that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(8) Emission limits and standards, including operational requirements and limits for all
regulated emission units, necessary to assure compliance with applicable requirements of the act
and the Clean Air Act and including:

(a) The reference of authority for each term or condition;

(b) The applicable requirements from the Clean Air Act and from Title IV requirements
of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent and
incorporating both into the permit; and

(c) If an alternative emission limit is approved in the state implementation plan (SIP),
provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit
modification process has been demonstrated to be equivalent to the applicable emission limit in
the state implementation plan and is quantifiable, accountable, enforceable, and based on
replicable procedures;

(9) Monitoring and related record keeping and reporting requirements, consisting of at least
the following: AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-38 (a) All emissions monitoring and analysis procedures, alternative approved methods or
test methods required under the applicable requirements, including procedures and methods in
§ 504(b) or 114(a)(3) of the Clean Air Act;

(b) If the applicable requirement does not require periodic testing or instrumental or
noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the relevant
time period that are representative of the source's compliance with the permit. Monitoring
requirements under this subdivision must assure use of terms, test methods, units, averaging
periods, and other statistical conventions consistent with the applicable requirement;

(c) As necessary, documentation of the use, maintenance, and if appropriate, installation
of monitoring equipment or methods;

(d) Documentation of the following:

(i) The date, place as defined in the permit, and time of sampling or
measurements;
(ii) The date or dates analyses were performed;
(iii) The company or entity that performed the analyses;
(iv) The analytical techniques or methods used;
(v) The results of such analyses; and
(vi) The operating conditions as existing at the time of sampling or measurement;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-39 (e) Record keeping and reporting requirements that comply with the following:

(i) Submission of reports of any required monitoring must occur at least every
six months. Reports must clearly identify all deviations from permit requirements and conditions.
All required reports must be certified by a responsible official; and

(ii) Deviations from permit requirements, including those attributable to upset
conditions as defined in the permit, the probable cause of such deviations and any corrective
actions or preventive measures taken must be promptly reported and certified by a responsible
official; and

(f) Requirements for retention of monitoring records and all supporting documentation
for at least five years from the date of the monitoring sample, measurement, report, or application;
and

(10) If applicable, a condition prohibiting emissions exceeding any allowances that the
source lawfully holds, exceedances of applicable emission rates, and the use of any allowance prior
to the year for which it was allocated under the Title IV program of the Clean Air Act;

(11) A severability clause asserting the continued validity of permit requirements if any
portions of the permit are challenged;

(12) Provisions stating the following: AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-40 (a) The permittee must comply with all conditions of the permit. Any permit
noncompliance constitutes a violation and is grounds for enforcement action, permit termination,
revocation and reissuance, permit revision, or denial of a permit renewal application;

(b) A permittee in an enforcement action may not use the defense that it would have been
necessary to cease or reduce the permitted activity in order to maintain compliance;

(c) The permit may be revised, revoked and reissued, reopened, or terminated for cause.
The filing of a request by the permittee for a permit revision, revocation and reissuance, or
termination or of a notification of planned changes or anticipated noncompliance does not stay any
permit condition;

(d) The permit does not convey property rights of any sort or any exclusive privilege;
and

(e) The permittee must provide any information, including records, requested in writing
by the department to determine whether cause exists for revising, revoking and reissuing,
reopening, or terminating the permit or to determine compliance;

(13) Terms and conditions for reasonably anticipated operating scenarios identified by the
source in its application and approved by the department. The terms and conditions must require
the source, contemporaneously with making a change from one operating scenario to another, to
record in a log at the permitted facility a record of the scenario under which it is operating and AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-41 must ensure that the terms and conditions of each such alternative scenario meet all requirements
of the Clean Air Act;

(14) Compliance requirements that contain the following:

(a) A compliance certification and testing, monitoring, reporting, and recordkeeping
requirements sufficient to assure compliance with the terms and conditions of the permit. All
documents, including reports, required by the permit must be certified by a responsible official
consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted
annually from the date of permit issuance to the department and EPA;

(b) Inspection and entry requirements that require the permittee to allow the department
or an authorized representative to perform the following:

(1) Enter upon the permittee's premises where a Part 70 source is located or
emissions-related activity is conducted or where records must be kept under the conditions of the
permit;

(2) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of the permit;

(3) Inspect at reasonable times any facilities, equipment, practices, or operations
regulated or required under the permit; and AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-42 (4) As authorized by the Clean Air Act, sample or monitor at reasonable times
substances or parameters for the purpose of assuring compliance with the permit or applicable
requirements;

(c) A compliance plan in accordance with subdivision 74:36:05:12(15), including
progress reports on noncompliance indicating the dates that compliance will be achieved or the
dates that compliance was achieved as referred to in a schedule of compliance. The report must
state an explanation for not attaining dates of compliance and must be submitted to the department
semiannually or more frequently as required by the department; and

(d) A compliance certification in accordance with subdivision 74:36:05:12(16);

(15) A condition requiring a Part 70 source to pay any required fees;

(16) A condition stating that no permit revisions are required for increases in emissions
allowed through emissions trading to the extent that such trades are authorized by the applicable
requirements of the Clean Air Act;

(17) Any provisions the department uses to issue general permits that are in accordance with
40 C.F.R. Part 70.6(d) (July 1, 2018 July 1, 2024); and

(18) Provisions for permit emission exceedances due to emergencies that are in accordance
with the requirements in 40 C.F.R. Part 70.6(g) (July 1, 2018); and AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-43 (19) (18) All applicable requirements of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 125,
effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January
2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219,
effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September
13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 34A-1-12, 34A-1-21.













AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-44 CHAPTER 74:36:07

NEW SOURCE PERFORMANCE STANDARDS


Section
74:36:07:01 New source performance standards.
74:36:07:02 Standards of performance for fossil fuel-fired steam generators.
74:36:07:03 Standards of performance for electric utility steam generators.
74:36:07:04 Standards of performance for industrial, commercial, and institutional steam
generating units.
74:36:07:05 Standards of performance for small industrial, commercial, and institutional
steam generating units.
74:36:07:06 Standards of performance for incinerators.
74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators
constructed on or before June 20, 1996.
74:36:07:06.02 Standards of performance for hospital/medical/infectious waste incinerators for
which construction is commenced after June 20, 1996.
74:36:07:07 Standards of performance for municipal waste combustors.
74:36:07:07.01 Standards of performance for municipal combustors constructed after September
20, 1994.
74:36:07:08 Ash disposal requirements.
74:36:07:09 Standards of performance for portland cement plants. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-45 74:36:07:10 Standards of performance for asphalt concrete plants.
74:36:07:11 Repealed.
74:36:07:12 Standards of performance for storage vessels of petroleum liquids constructed
after June 11, 1973, and before May 19, 1978.
74:36:07:13 Standards of performance for storage vessels of petroleum liquids constructed
after May 18, 1978, and before July 24, 1984.
74:36:07:14 Standards of performance for volatile organic liquid storage vessels (including
petroleum liquid storage vessels) for which construction, reconstruction, or
modification commenced after July 23, 1984.
74:36:07:14.01 Standards of performance for volatile organic liquid storage vessels (including
petroleum liquid storage vessels) for which construction, reconstruction, or
modification commenced after October 4, 2023.
74:36:07:15 Standards of performance for sewage treatment plants.
74:36:07:16 Standards of performance for coal preparation plants.
74:36:07:17 Standards of performance for grain elevators.
74:36:07:18 Standards of performance for stationary gas turbines.
74:36:07:19 Standards of performance for lime manufacturing plants.
74:36:07:20 Standards of performance for metallic mineral processing plants.
74:36:07:21 Standards of performance for pressure-sensitive tape and label surface coating
operations.
74:36:07:22 Standards of performance for equipment leaks of VOC in the synthetic organic
chemicals manufacturing industry. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-46 74:36:07:22.01 Standards of performance for equipment leaks of VOC in the synthetic organic
chemicals manufacturing industry for which construction, reconstruction, or
modification commenced after November 7, 2006.
74:36:07:22.02 Standards of performance for equipment leaks of VOC in the synthetic organic
chemicals manufacturing industry for which construction, reconstruction, or
modification commenced after April 25, 2023.
74:36:07:23 Standards of performance for bulk gasoline terminals.
74:36:07:23.01 Standards of performance for bulk gasoline terminals that construction,
reconstruction, or modification commenced after June 10, 2022.
74:36:07:24 Standards of performance for new residential wood heaters.
74:36:07:25 Standards of performance for petroleum dry cleaners.
74:36:07:26 Standards of performance for VOC emissions from synthetic organic chemical
manufacturing industry (SOCMI) distillation operations.
74:36:07:27 Standards of performance for nonmetallic mineral processing plants.
74:36:07:28 Standards of performance for magnetic tape coating facilities.
74:36:07:29 Operating requirements for wire reclamation furnaces.
74:36:07:30 Monitoring requirements for wire reclamation furnaces.
74:36:07:31 Standards of performance for graphic arts industry -- Publication rotogravure
printing.
74:36:07:32 Standards of performance for volatile organic compound emissions from
synthetic organic chemical manufacturing industry (SOCMI) reactor
processes.
74:36:07:33 Standards of performance for calciners and dryers in mineral industries. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-47 74:36:07:34 Existing municipal solid waste landfill.
74:36:07:35 Plan submittal by existing municipal solid waste landfills.
74:36:07:36 Collection system.
74:36:07:37 Control system.
74:36:07:38 Compliance schedule for existing municipal solid waste landfills.
74:36:07:39 Existing municipal solid waste landfill operational standards for collection and
control systems.
74:36:07:40 Existing municipal solid waste landfill compliance provisions.
74:36:07:41 Existing municipal solid waste landfill monitoring provisions.
74:36:07:42 Existing municipal solid waste landfill reporting and recordkeeping.
74:36:07:42.01 Additional reporting for existing municipal solid waste landfills.
74:36:07:43 Repealed.
74:36:07:44 Standards of performance for nitric acid plants.
74:36:07:45 Standards of performance for sulfuric acid plants.
74:36:07:46 Standards of performance for petroleum refineries.
74:36:07:46.01 Standards of performance for petroleum refineries for which construction,
reconstruction, or modification commenced after May 14, 2007.
74:36:07:47 Standards of performance for secondary lead smelters.
74:36:07:48 Standards of performance for secondary brass and bronze production plants.
74:36:07:49 Standards of performance for primary emissions from basic oxygen process
furnaces for which construction commenced after June 11, 1973. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-48 74:36:07:50 Standards of performance for secondary emissions from basic oxygen process
steelmaking facilities for which construction commenced after January 20,
1983.
74:36:07:51 Standards of performance for primary copper smelter.
74:36:07:52 Standards of performance for primary zinc smelter.
74:36:07:53 Standards of performance for primary lead smelter.
74:36:07:54 Standards of performance for primary aluminum reduction plant.
74:36:07:55 Standards of performance for wet-process phosphoric acid plant.
74:36:07:56 Standards of performance for superphosphoric acid plant.
74:36:07:57 Standards of performance for diammonium phosphate plant.
74:36:07:58 Standards of performance for triple superphosphate plant.
74:36:07:59 Standards of performance for granular triple superphosphate storage facility.
74:36:07:60 Standards of performance for ferroalloy production plant.
74:36:07:61 Standards of performance for electric arc furnaces and argon-oxygen
decarburization vessels constructed after August 17, 1983.
74:36:07:62 Standards of performance for kraft pulp mills.
74:36:07:63 Standards of performance for glass manufacturing plant.
74:36:07:64 Standards of performance for surface coating of metal furniture.
74:36:07:65 Standards of performance for lead-acid battery manufacturing plant.
74:36:07:66 Standards of performance for automobile and light duty truck surface coating
operations.
74:36:07:67 Standards of performance for phosphate rock plants.
74:36:07:68 Standards of performance for ammonium sulfate manufacture. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-49 74:36:07:69 Standards of performance for industrial surface coating -- Large appliances.
74:36:07:70 Standards of performance for metal coil surface coating.
74:36:07:71 Standards of performance for asphalt processing and asphalt roofing manufacture.
74:36:07:72 Standards of performance for beverage can surface coating industry.
74:36:07:73 Standards of performance for rubber tire manufacturing industry.
74:36:07:74 Standards of performance for volatile organic compound emissions from polymer
manufacturing industry.
74:36:07:75 Standards of performance for flexible vinyl and urethane coating and printing.
74:36:07:76 Standards of performance for equipment leaks of VOC in petroleum refineries.
74:36:07:76.01 Standards of performance for equipment leaks of VOC in petroleum refineries.
74:36:07:77 Standards of performance for synthetic fiber production facility.
74:36:07:78 Standards of performance for VOC emissions from synthetic organic chemical
manufacturing industry air oxidation unit process.
74:36:07:79 Standards of performance for equipment leaks of VOC from onshore natural gas
processing plant.
74:36:07:80 Standards of performance for onshore natural gas processing.
74:36:07:81 Standards of performance for wool fiberglass insulation manufacturing plant.
74:36:07:82 Standards of performance for VOC emissions from petroleum refinery wastewater
system.
74:36:07:83 Standards of performance for industrial surface coating -- Surface coating of
plastic parts for business machines.
74:36:07:84 Standards of performance for polymeric coating of supporting substrates facility.
74:36:07:85 Standards of performance for small municipal waste combustion units. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-50 74:36:07:86 Standards of performance for commercial and industrial solid waste incineration
units.
74:36:07:87 Standards of performance for other solid waste incineration units.
74:36:07:88 Standards of performance for stationary compression ignition internal combustion
engines.
74:36:07:89 Standards of performance for stationary combustion turbines.
74:36:07:90 Standards of performance for stationary spark ignition internal combustion
engines.
74:36:07:91 Standards of performance for nitric acid plants.
74:36:07:92 Standards of performance for new sewage sludge incineration units.
74:36:07:93 Standards of performance for crude oil and natural gas production, transmission
and distribution.
74:36:07:94 Initial design capacity report for existing municipal solid waste landfills.
74:36:07:95 Amended design capacity report for existing municipal solid waste landfills.
74:36:07:96 Operating permits for existing municipal solid waste landfills.
74:36:07:97 Calculating Prevention of Significant Deterioration emissions for existing
municipal solid waste landfills.
74:36:07:98 Nonmethane organic compound emission rate options for existing municipal solid
waste landfills.
74:36:07:99 Calculate nonmethane organic compound emission rate for existing municipal
solid waste landfills.
74:36:07:100 Tier 1 nonmethane organic compound emission rate for existing municipal solid
waste landfills. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-51 74:36:07:101 Tier 2 nonmethane organic compound emission rate for existing municipal solid
waste landfills.
74:36:07:102 Tier 3 nonmethane organic compound emission rate for existing municipal solid
waste landfills.
74:36:07:103 Tier 4 nonmethane organic compound emission rate for existing municipal solid
waste landfills.
74:36:07:104 Alternative nonmethane organic compound emission rate for existing municipal
solid waste landfills.
74:36:07:105 Existing municipal solid waste landfill emission guidelines.
74:36:07:106 Installation of a gas collection and control system at existing municipal solid
waste landfill.
74:36:07:107 Existing municipal solid waste landfill active and passive collection systems.
74:36:07:108 Specifications for active collection systems for existing municipal solid waste
landfills.
74:36:07:109 Existing municipal solid waste landfill control system.
74:36:07:110 Initial control system performance test for existing municipal solid waste landfill.
74:36:07:111 Existing municipal solid waste landfill operational standards for collection and
control systems.
74:36:07:112 Existing municipal solid waste landfill compliance provisions for gas collection
system.
74:36:07:113 Existing municipal solid waste landfill compliance provisions for locating wells
and design components. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-52 74:36:07:114 Existing municipal solid waste landfill compliance with surface methane
operational standards.
74:36:07:115 Existing municipal solid waste landfill instrumentation specifications and
procedures for surface emission monitoring devices.
74:36:07:116 Existing municipal solid waste landfill compliance during startup, shutdown, or
malfunction.
74:36:07:117 Existing municipal solid waste landfill active gas collection system monitoring.
74:36:07:118 Existing municipal solid waste landfill enclosed combustor monitoring.
74:36:07:119 Existing municipal solid waste landfill non-enclosed flare monitoring.
74:36:07:120 Existing municipal solid waste landfill surface methane monitoring.
74:36:07:121 Existing municipal solid waste landfill gas treatment system monitoring.
74:36:07:122 Existing municipal solid waste landfill alternative collection system monitoring.
74:36:07:123 Existing municipal solid waste landfill alternative control device monitoring.
74:36:07:124 Existing municipal solid waste landfill monitoring requirements.
74:36:07:125 Existing municipal solid waste landfill annual nonmethane organic compound
emission rate report.
74:36:07:126 Existing municipal solid waste landfill collection and control system design plan
submittal.
74:36:07:127 Existing municipal solid waste landfill revised plan submittal.
74:36:07:128 Existing municipal solid waste landfill Tier 4 notification.
74:36:07:129 Existing municipal solid waste landfill corrective action and timeline
notifications.
74:36:07:130 General recordkeeping for existing municipal solid waste landfill. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-53 74:36:07:131 Recordkeeping for existing municipal solid waste landfill – Performance tests and
compliance determinations.
74:36:07:132 Recordkeeping for existing municipal solid waste landfill – Control systems and
exceedances.
74:36:07:133 Recordkeeping for existing municipal solid waste landfill -- Collection system.
74:36:07:134 Additional collection system recordkeeping for existing municipal solid waste
landfill.
74:36:07:135 Recordkeeping for existing municipal solid waste landfill -- Converting design
capacity.
74:36:07:136 Recordkeeping for existing municipal solid waste landfill -- Surface methane.
74:36:07:137 Recordkeeping for existing municipal solid waste landfill -- Control system
monitor.
74:36:07:138 Existing municipal solid waste landfill submit reports electronically.
74:36:07:139 Report for existing municipal solid waste landfill -- Initial performance test.
74:36:07:140 Existing municipal solid waste landfill annual report.
74:36:07:141 Existing municipal solid waste landfill annual liquids report.
74:36:07:142 Existing municipal solid waste landfill closure report.
74:36:07:143 Cap, remove, or decommission collection and control system for existing
municipal solid waste landfills.
74:36:07:144 Removal criteria for existing municipal solid waste landfills.
74:36:07:145 Report for existing municipal solid waste landfill -- Equipment removal.
74:36:07:146 Standards of performance for new municipal solid waste landfills.
74:36:07:147 Standards of performance for crude oil and natural gas facilities. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-54 74:36:07:01. New source performance standards. The general provisions for new source
performance standards are those in 40 C.F.R. § 60, Subpart A (July 1, 2018 July 1, 2024). For the
purposes of this chapter, "administrator" means the secretary, except for those authorities that
cannot be delegated to the state, in which case "administrator" means both the administrator of the
Environmental Protection Agency and the secretary.

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14,
1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:08:43, 19 SDR 157, effective
April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

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. § 60, Subpart
D (July 1, 2018 July 1, 2024).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:09:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-55 January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000;
30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:03. Standards of performance for electric utility steam generators. The
standards of performance for electric utility steam generators are those in 40 C.F.R. § 60, Subpart
Da (July 1, 2018 July 1, 2024).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:10:15, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective
January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000;
30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-56 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. § 60, Subpart Db (July 1, 2018 July 1,
2024).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:24:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective
January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000;
30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

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. § 60, Subpart Dc (July
1, 2018 July 1, 2024). A source that operates a unit subject to Subpart Dc is exempt from the
obligation to obtain a Part 70 operating permit, if the source burns solely natural gas or propane
and is not required to obtain a Part 70 operating permit for a reason other than the source is subject
to Subpart Dc. Exempted sources must still meet the applicable requirements in Subpart Dc.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-57 Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26,
effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:06. Standards of performance for incinerators. The standards of performance
for incinerators are those in 40 C.F.R. § 60, Subpart E (July 1, 2018 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 SDR 157, effective April 22, 1993; 21 SDR 119, effective
January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1,
2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,
2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR
64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-58 74:36:07:06.01. Standards of performance for hospital/medical/infectious waste
incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce (July 1,
2018 July 1, 2024), is incorporated into this rule by reference. Designated facilities under Subpart
Ce shall comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e through
60.38e (July 1, 2018 July 1, 2024).

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or
before June 20, 1996, that decides to cease operation shall notify the department within six months
of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. The written
notification shall inform the department of when the unit will be shutdown. The shutdown date
may not exceed one year after EPA's approval of the state plan for hospital/medical/infectious
waste incinerators.

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or
before June 20, 1996, that decides to comply with the requirements of this section shall submit a
compliance plan within six months of state plan approval that meets the following deadlines:

(1) Submit a Part 70 operating permit application and design drawings of the air pollution
control device to the department within one year of state plan approval;

(2) Submit a copy of the purchase order or other documentation indicating an order has been
placed for the major components of the air pollution control device within 15 months of state plan
approval; AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-59 (3) Begin initiation of site preparation for installation of the air pollution control device
within 2 years after state plan approval;

(4) Complete installation of the air pollution control device within 30 months after state
plan approval; and

(5) Conduct a performance test within 33 months after state plan approval.

The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 2018 July
1, 2024) within one year after state plan approval. The owner or operator shall comply with the
remaining requirements in this section within three years after state plan approval or by September
15, 2002, whichever is earlier.

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR
26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

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 AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-60 performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996,
are those in 40 C.F.R. § 60, Subpart Ec (July 1, 2018 July 1, 2024).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR
26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:07. Standards of performance for municipal waste combustors. The standards
of performance for municipal waste combustors are those in 40 C.F.R. § 60, Subpart Ea (July 1,
2018 July 1, 2024).

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 18
SDR 90, effective November 24, 1991; transferred from § 74:26:26:01, 19 SDR 157, effective
April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-61 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:07.01. Standards of performance for municipal combustors constructed after
September 20, 1994. The standards of performance for municipal waste combustors constructed
after September 20, 1994, or modified or reconstructed after June 19, 1996, are those in 40 C.F.R.
§ 60, Subpart Eb (July 1, 2018 July 1, 2024).

Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

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. § 60, Subpart F (July 1, 2018 July
1, 2024).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:12:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-62 January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000;
30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:10. Standards of performance for asphalt concrete plants. The standards of
performance for asphalt concrete plants are those in 40 C.F.R. § 60, Subpart I (July 1, 2018 July
1, 2024).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:13:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective
January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1,
2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,
2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR
64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-63 74:36:07:12. Standards of performance for storage vessels of petroleum liquids
constructed after June 11, 1973, and before May 19, 1978. The standards of performance for
storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978, are
those in 40 C.F.R. § 60, Subpart K (July 1, 2018 July 1, 2024). A source that operates a unit subject
to Subpart K is exempt from the obligation to obtain a Part 70 operating permit if the unit is not
required to install controls and if the source is not required to obtain a Part 70 operating permit for
a reason other than the source is subject to Subpart K. Exempted sources must still meet the
applicable requirements in Subpart K.

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:14:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective
January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1,
2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,
2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR
64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:13. Standards of performance for storage vessels of petroleum liquids
constructed after May 18, 1978, and before July 24, 1984. The standards of performance for
storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984, are
those in 40 C.F.R. § 60, Subpart Ka (July 1, 2018 July 1, 2024). A source that operates a unit AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-64 subject to Subpart Ka is exempt from the obligation to obtain a Part 70 operating permit if the unit
is not required to install controls and if the source is not required to obtain a Part 70 operating
permit for a reason other than the source is subject to Subpart Ka. Exempted sources must still
meet the applicable requirements in Subpart Ka.

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14,
1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:20:19, 19 SDR 157, effective
April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996;
30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:14. Standards of performance for volatile organic liquid storage vessels
(including petroleum liquid storage vessels) for which construction, reconstruction, or
modification commenced after July 23, 1984. The standards of performance for volatile organic
liquid storage vessels including petroleum liquid storage vessels for which construction,
reconstruction, or modification commenced after July 23, 1984, are those in 40 C.F.R. § 60,
Subpart Kb (July 1, 2018 July 1, 2024). A source that operates a unit subject to Subpart Kb is
exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to install
controls and if the source is not required to obtain a Part 70 operating permit for a reason other AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-65 than the source is subject to Subpart Kb. Exempted sources must still meet the applicable
requirements in Subpart Kb.

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:25:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective
January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000;
30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:14.01. Standards of performance for volatile organic liquid storage vessels
(including petroleum liquid storage vessels) for which construction, reconstruction, or
modification commenced after October 4, 2023. The standards of performance for volatile
organic liquid storage vessels including petroleum liquid storage vessels for which construction,
reconstruction, or modification commenced after October 4, 2023, are those in 89 Fed. Reg. 83319-
83336 (October 14, 2024) (to be codified at 40 C.F.R. § 60, Subpart Kc). A source that operates a
unit subject to Subpart Kc is exempt from the obligation to obtain a Part 70 operating permit if the
unit is not required to install controls and if the source is not required to obtain a Part 70 operating
permit for a reason other than the source is subject to Subpart Kc. Exempted sources must still
meet the applicable requirements in Subpart Kc. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-66 Source: 46 SDR 64, effective October 15, 2024
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:15. Standards of performance for sewage treatment plants. The standards of
performance for sewage treatment plants are those in 40 C.F.R. § 60, Subpart O (July 1, 2018 July
1, 2024).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:15:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective
January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1,
2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,
2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR
64, effective November 25, 2019.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:16. Standards of performance for coal preparation plants. The standards of
performance for coal preparation plants are those in 40 C.F.R. § 60, Subpart Y (July 1, 2018 July
1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-67 Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:16:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective
January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1,
2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,
2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR
64, effective November 25, 2019.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:17. Standards of performance for grain elevators. The standards of
performance for grain elevators are those in 40 C.F.R. § 60, Subpart DD (July 1, 2018 July 1,
2024). A source subject to Subpart DD is exempt from the obligation to obtain a Part 70 operating
permit if the source is not required to obtain a Part 70 operating permit for a reason other than the
source is subject to Subpart DD. Exempted sources must still meet the applicable requirements in
Subpart DD.

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14,
1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:17:06, 19 SDR 157, effective
April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996;
30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-68 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:18. Standards of performance for stationary gas turbines. The standards of
performance for stationary gas turbines are those in 40 C.F.R. § 60, Subpart GG (July 1, 2018 July
1, 2024).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14,
1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:19:07, 19 SDR 157, effective
April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996;
30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:19. Standards of performance for lime manufacturing plants. The standards
of performance for lime manufacturing plants are those in 40 C.F.R. § 60, Subpart HH (July 1,
2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-69 Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective
January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1,
2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,
2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR
64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:20. Standards of performance for metallic mineral processing plants. The
standards of performance for metallic mineral processing plants are those in 40 C.F.R. § 60,
Subpart LL (July 1, 2018 July 1, 2024).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1,
1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred
from § 74:26:21:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995;
23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-70 Law Implemented: SDCL 34A-1-18.

74:36:07:21. Standards of performance for pressure-sensitive tape and label surface
coating operations. The standards of performance for pressure-sensitive tape and label surface
coating operations are those in 40 C.F.R. § 60, Subpart RR (July 1, 2018 July 1, 2024).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic
organic chemicals manufacturing industry. The standards of performance for equipment leaks
of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. § 60,
Subpart VV (July 1, 2018 July 1, 2024).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26,
effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-71 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:22.01. Standards of performance for equipment leaks of VOC in the
synthetic organic chemicals manufacturing industry for which construction, reconstruction,
or modification commenced after November 7, 2006. The standards of performance for
equipment leaks of VOC in the synthetic organic chemicals manufacturing industry, for which
construction, reconstruction, or modification commenced after November 7, 2006, are those in 40
C.F.R. § 60, Subpart VVa (July 1, 2018 July 1, 2024).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:22.02. Standards of performance for equipment leaks of VOC in the
synthetic organic chemicals manufacturing industry for which construction, reconstruction,
or modification commenced after April 25, 2023. The standards of performance for equipment
leaks of VOC in the synthetic organic chemicals manufacturing industry, for which construction, AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-72 reconstruction, or modification commenced after April 25, 2023, are those in 40 C.F.R. § 60,
Subpart VVb (July 1, 2024).

Source: 46 SDR 64, effective May 16, 2024
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of
performance for bulk gasoline terminals are those in 40 C.F.R. § 60, Subpart XX (July 1, 2018
July 1, 2024).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26,
effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:23.01. Standards of performance for bulk gasoline terminals that
construction, reconstruction, or modification commenced after June 10, 2022. The standards AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-73 of performance for bulk gasoline terminals, for which construction, reconstruction, or modification
commenced after June 10, 2022, are those in 40 C.F.R § 60, Subpart XXa (July1, 2024).

Source: 46 SDR 64, effective May 8, 2024
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:24. Standards of performance for new residential wood heaters. The
standards of performance for new residential wood heaters are those in 40 C.F.R. § 60, Subpart
AAA (July 1, 2018 July 1, 2024).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26,
effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, October 13, 2015; 44 SDR 43, effective September 13,
2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of
performance for petroleum dry cleaners are those in 40 C.F.R. § 60, Subpart JJJ (July 1, 2018 July
1, 2024). A source subject to Subpart JJJ is exempt from the obligation to obtain a Part 70 operating AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-74 permit if the source is not required to obtain a Part 70 operating permit for a reason other than the
source is subject to Subpart JJJ. Exempted sources must still meet the applicable requirements in
Subpart JJJ.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:26. Standards of performance for VOC emissions from synthetic organic
chemical manufacturing industry (SOCMI) distillation operations. The standards of
performance for VOC emissions from synthetic organic chemical manufacturing industry
distillation operations are those in 40 C.F.R. § 60, Subpart NNN (July 1, 2018 July 1, 2024).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26,
effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-75 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:27. Standards of performance for nonmetallic mineral processing plants. The
standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. § 60,
Subpart OOO (July 1, 2018 July 1, 2024).

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1,
1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred
from § 74:26:23:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995;
23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26,
effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:28. Standards of performance for magnetic tape coating facilities. The
standards of performance for magnetic tape coating facilities are those in 40 C.F.R. § 60, Subpart
SSS (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-76 Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26,
effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:31. Standards of performance for graphic arts industry -- Publication
rotogravure printing. The standards of performance for publication rotogravure printing in the
graphic arts industry are those in 40 C.F.R. § 60, Subpart QQ (July 1, 2018 July 1, 2024).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996;
30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:32. Standards of performance for volatile organic compound emissions from
synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-77 standards of performance for volatile organic compound emissions from synthetic organic
chemical manufacturing industry reactor processes are those in 40 C.F.R. § 60, Subpart RRR (July
1, 2018 July 1, 2024).

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000;
30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:33. Standards of performance for calciners and dryers in mineral industries.
The standards of performance for calciners and dryers in mineral industries are those in 40 C.F.R.
§ 60, Subpart UUU (July 1, 2018 July 1, 2024).

Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1,
2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,
2013; 42 SDR 52, October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-78 74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an existing
municipal solid waste landfill that meets the following conditions shall comply with
§§ 74:36:07:35 through 74:36:07:42:

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional
design capacity available for future waste deposition;

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and
2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or cubic
meters. Density conversions must be documented and submitted with the report; and

(3) The landfill has a nonmethane organic compound emission rate of 50 megagrams a year
or more. The calculation of the landfill nonmethane organic compound emission rate must meet
the requirements of 40 C.F.R. § 60.754 (July 1, 2018 July 1, 2024), to determine the landfill
nonmethane organic compound emission rate.

This section is no longer in effect on the effective date of EPA's approval of the state's
§ 111(d) plan required in the Clean Air Act. The secretary shall certify to the Interim Rules Review
Committee that the approval has occurred.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-79 2007; 36 SDR 209, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:36. Collection system. The department shall approve the collection and
control system plan if it is equivalent to or meets the conditions provided in 40 C.F.R.
§ 60.752(b)(2)(ii) (July 1, 2018 July 1, 2024), and the control requirements in § 74:36:07:37.

This section is no longer in effect on the effective date of EPA's approval of the state's §
111(d) plan required in the Clean Air Act. The secretary shall certify to the Interim Rules Review
Committee that the approval has occurred.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-80 74:36:07:37. Control system. The department shall approve the control system if it is
equivalent to or meets one of the following requirements:

(1) An open flare designed and operated in accordance with the parameters established in
40 C.F.R. § 60.18 (July 1, 2018 July 1, 2024);

(2) A control system designed and operated to reduce nonmethane organic compounds by
98 percent by weight; or

(3) An enclosed combustor designed and operated to either reduce nonmethane organic
compounds by 98 percent by weight or the outlet nonmethane organic compound concentration to
20 parts per million as hexane by volume, dry basis at three percent oxygen, or less.

This section is no longer in effect on the effective date of EPA's approval of the state's
§ 111(d) plan required in the Clean Air Act. The secretary shall certify to the Interim Rules Review
Committee that the approval has occurred.

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000;
30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-81 Law Implemented: SDCL 34A-1-18.

74:36:07:39. Existing municipal solid waste landfill operational standards for
collection and control systems. The owner or operator of an existing municipal solid waste
landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for
collection and control systems in 40 C.F.R. § 60.753 (July 1, 2018 July 1, 2024).

This section is no longer in effect on the effective date of EPA's approval of the state's
§ 111(d) plan required in the Clean Air Act. The secretary shall certify to the Interim Rules Review
Committee that the approval has occurred.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner
or operator of an existing municipal solid waste landfill that meets the requirements of AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-82 § 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. § 60.755 (July 1, 2018 July 1,
2024).

This section is no longer in effect on the effective date of EPA's approval of the state's
§ 111(d) plan required in the Clean Air Act. The secretary shall certify to the Interim Rules Review
Committee that the approval has occurred.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner
or operator of an existing municipal solid waste landfill that meets the requirements of
§ 74:36:07:34 shall meet the monitoring provisions in 40 C.F.R. § 60.756 (July 1, 2018 July 1,
2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-83 This section is no longer in effect on the effective date of EPA's approval of the state's
§ 111(d) plan required in the Clean Air Act. The secretary shall certify to the Interim Rules Review
Committee that the approval has occurred.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping. The
owner or operator of an existing municipal solid waste landfill that meets the requirements of
§ 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.F.R.
§§ 60.757 and 60.758 (July 1, 2018 July 1, 2024).

This section is no longer in effect on the effective date of EPA's approval of the state's
§ 111(d) plan required in the Clean Air Act. The secretary shall certify to the Interim Rules Review
Committee that the approval has occurred.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-84 Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The
owner or operator of an existing municipal solid waste landfill that meets the requirements of
subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound
emission rate report within 90 days of the effective date of EPA's approval of the state's § 111(d)
plan required in the Clean Air Act and annually or every five years thereafter in accordance with
40 C.F.R. § 60.757(b) (July 1, 2018 July 1, 2024).

This section is no longer in effect on the effective date of EPA's approval of the state's
§ 111(d) plan required in the Clean Air Act. The secretary shall certify to the Interim Rules Review
Committee that the approval has occurred.

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR
26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-85 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18

74:36:07:44. Standards of performance for nitric acid plants. The standards of
performance for nitric acid plants are those in 40 C.F.R. § 60, Subpart G (July 1, 2018 July 1,
2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:45. Standards of performance for sulfuric acid plants. The standards of
performance for sulfuric acid plants are those in 40 C.F.R. § 60, Subpart H (July 1, 2018 July 1,
2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-86 Law Implemented: SDCL 34A-1-18.

74:36:07:46. Standards of performance for petroleum refineries. The standards of
performance for petroleum refineries are those in 40 C.F.R. § 60, Subpart J (July 1, 2018 July 1,
2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:46.01. Standards of performance for petroleum refineries for which
construction, reconstruction, or modification commenced after May 14, 2007. The standards
of performance for petroleum refineries for which construction, reconstruction, or modification
commenced after May 14, 2007, are those in 40 C.F.R. § 60, Subpart Ja, (July 1, 2018 July 1,
2024).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-87 74:36:07:47. Standards of performance for secondary lead smelters. The standards of
performance for secondary lead smelters are those in 40 C.F.R. § 60, Subpart L (July 1, 2018 July
1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:48. Standards of performance for secondary brass and bronze production
plants. The standards of performance for secondary brass and bronze production plants are those
in 40 C.F.R. § 60, Subpart M (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:49. Standards of performance for primary emissions from basic oxygen
process furnaces for which construction commenced after June 11, 1973. The standards of AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-88 performance for basic oxygen process furnaces are those in 40 C.F.R. § 60, Subpart N (July 1,
2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:50. Standards of performance for secondary emissions from basic oxygen
process steelmaking facilities for which construction commenced after January 20, 1983. The
standards of performance for basic oxygen process steelmaking facilities are those in 40 C.F.R.
§ 60, Subpart Na (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:51. Standards of performance for primary copper smelter. The standards of
performance for primary copper smelters are those in 40 C.F.R. § 60, Subpart P (July 1, 2018 July
1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-89 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:52. Standards of performance for primary zinc smelter. The standards of
performance for primary zinc smelters are those in 40 C.F.R. § 60, Subpart Q (July 1, 2018 July
1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:53. Standards of performance for primary lead smelter. The standards of
performance for primary lead smelters are those in 40 C.F.R. § 60, Subpart R (July 1, 2018 July 1,
2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-90 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:54. Standards of performance for primary aluminum reduction plant. The
standards of performance for primary aluminum reduction plants are those in 40 C.F.R. § 60,
Subpart S (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The
standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. § 60,
Subpart T (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-91 74:36:07:56. Standards of performance for superphosphoric acid plant. The standards
of performance for superphosphoric acid plants are those in 40 C.F.R. § 60, Subpart U (July 1,
2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:57. Standards of performance for diammonium phosphate plant. The
standards of performance for diammonium phosphate plants are those in 40 C.F.R. § 60, Subpart
V (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:58. Standards of performance for triple superphosphate plant. The standards
of performance for triple superphosphate plants are those in 40 C.F.R. § 60, Subpart W (July 1,
2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-92 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:59. Standards of performance for granular triple superphosphate storage
facility. The standards of performance for granular triple superphosphate storage facilities are
those in 40 C.F.R. § 60, Subpart X (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:60. Standards of performance for ferroalloy production plant. The standards
of performance for ferroalloy production plants are those in 40 C.F.R. § 60, Subpart Z (July 1,
2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-93 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen
decarburization vessels constructed after August 17, 1983. The standards of performance for
electric arc furnaces and argon-oxygen decarburization vessels are those in 40 C.F.R. § 60, Subpart
AAa (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:62. Standards of performance for kraft pulp mills. The standards of
performance for kraft pulp mills are those in 40 C.F.R. § 60, Subpart BB (July 1, 2018 July 1,
2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-94 74:36:07:63. Standards of performance for glass manufacturing plant. The standards
of performance for glass manufacturing plants are those in 40 C.F.R. § 60, Subpart CC (July 1,
2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:64. Standards of performance for surface coating of metal furniture. The
standards of performance for surface coating of metal furniture are those in 40 C.F.R. § 60, Subpart
EE (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:65. Standards of performance for lead-acid battery manufacturing plant.
The standards of performance for lead-acid battery manufacturing plants are those in 40 C.F.R.
§ 60, Subpart KK (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-95 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:66. Standards of performance for automobile and light duty truck surface
coating operations. The standards of performance for automobile and light duty truck surface
coating operations are those in 40 C.F.R. § 60, Subpart MM (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 208, effective June 28, 2010; 39 SDR
219, effective June 25,2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:67. Standards of performance for phosphate rock plants. The standards of
performance for phosphate rock plants are those in 40 C.F.R. § 60, Subpart NN (July 1, 2018 July
1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-96 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:68. Standards of performance for ammonium sulfate manufacture. The
standards of performance for ammonium sulfate manufacture are those in 40 C.F.R. § 60, Subpart
PP (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:69. Standards of performance for industrial surface coating -- Large
appliances. The standards of performance for industrial surface coating of large appliances are
those in 40 C.F.R. § 60, Subpart SS (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-97 74:36:07:70. Standards of performance for metal coil surface coating. The standards of
performance for metal coil surface coating are those in 40 C.F.R. § 60, Subpart TT (July 1, 2018
July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:71. Standards of performance for asphalt processing and asphalt roofing
manufacture. The standards of performance for asphalt processing and asphalt roofing
manufacture are those in 40 C.F.R. § 60, Subpart UU (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:72. Standards of performance for beverage can surface coating industry. The
standards of performance for beverage can surface coating industry are those in 40 C.F.R. § 60,
Subpart WW (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-98 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The
standards of performance for rubber tire manufacturing industry are those in 40 C.F.R. § 60,
Subpart BBB (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 1010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:74. Standards of performance for volatile organic compound emissions from
polymer manufacturing industry. The standards of performance for polymer manufacturing
industry are those in 40 C.F.R. § 60, Subpart DDD (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-99 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and
printing. The standards of performance for flexible vinyl and urethane coating and printing are
those in 40 C.F.R. § 60, Subpart FFF (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum
refineries. The standards of performance for equipment leaks in petroleum refineries are those in
40 C.F.R. § 60, Subpart GGG (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-100 74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum
refineries. The standards of performance for equipment leaks in petroleum refineries for which
construction, reconstruction, or modification commenced after November 7, 2006, are those in 40
C.F.R. § 60, Subpart GGGa, (July 1, 2018 July 1, 2024).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:77. Standards of performance for synthetic fiber production facility. The
standards of performance for synthetic fiber production facilities are those in 40 C.F.R. § 60,
Subpart HHH (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:78. Standards of performance for VOC emissions from synthetic organic
chemical manufacturing industry air oxidation unit process. The standards of performance for AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-101 synthetic organic chemical manufacturing industry air oxidation unit processes are those in 40
C.F.R. § 60, Subpart III (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:79. Standards of performance for equipment leaks of VOC from onshore
natural gas processing plant. The standards of performance for equipment leaks from onshore
natural gas processing plants are those in 40 C.F.R. § 60, Subpart KKK (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:80. Standards of performance for onshore natural gas processing. The
standards of performance for onshore natural gas processing are those in 40 C.F.R. § 60, Subpart
LLL (July 1, 2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-102 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing
plant. The standards of performance for wool fiberglass insulation manufacturing plants are those
in 40 C.F.R. § 60, Subpart PPP (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:82. Standards of performance for VOC emissions from petroleum refinery
wastewater system. The standards of performance for petroleum refinery wastewater systems are
those in 40 C.F.R. § 60, Subpart QQQ (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-103 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:83. Standards of performance for industrial surface coating -- Surface
coating of plastic parts for business machines. The standards of performance for the surface
coating of plastic parts for business machines are those in 40 C.F.R. § 60, Subpart TTT (July 1,
2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:84. Standards of performance for polymeric coating of supporting substrates
facility. The standards of performance for polymeric coating of supporting substrates facilities are
those in 40 C.F.R. § 60, Subpart VVV (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-104 74:36:07:85. Standards of performance for small municipal waste combustion units.
The standards of performance for small municipal waste combustion units are those in 40 C.F.R.
§ 60, Subpart AAAA (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:86. Standards of performance for commercial or industrial solid waste
incineration units. The standards of performance for commercial solid waste incineration units
are those in 40 C.F.R. § 60, Subpart CCCC (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:87. Standards of performance for other solid waste incineration units. The
standards of performance for other solid waste incineration units are those in 40 C.F.R. § 60,
Subpart EEEE (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-105 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:88. Standards of performance for stationary compression ignition internal
combustion engines. The standards of performance for stationary compression ignition internal
combustion engines are those in 40 C.F.R. § 60, Subpart IIII (July 1, 2018 July 1, 2024). A source
subject to Subpart IIII is exempt from the obligation to obtain a Part 70 operating permit if the
source is not required to obtain a Part 70 operating permit for a reason other than the source is
subject to Subpart IIII. Exempted sources must still meet the applicable requirements in Subpart
IIII.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:89. Standards of performance for stationary combustion turbines. The
standards of performance for stationary combustion turbines are those in 40 C.F.R. §§ 60.4300
through 60.4420, inclusive, Subpart KKKK (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-106 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:90. Standards of performance for stationary spark ignition internal
combustion engines. The standards of performance for stationary spark combustion engines are
those in 40 C.F.R. § 60, Subpart JJJJ (July 1, 2018 July 1, 2024). A source subject to Subpart JJJJ
is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to
obtain a Part 70 operating permit for a reason other than the source is subject to Subpart JJJJ.
Exempted sources must still meet the applicable requirements in Subpart JJJJ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:91. Standards of performance for nitric acid plants. The standards of
performance for nitric acid plants are those in 40 C.F.R. § 60, Subpart Ga (July 1, 2018 July 1,
2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-107 Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:92. Standards of performance for new sewage sludge incineration units. The
standards of performance for new sewage sludge incineration units are those in 40 C.F.R. § 60,
Subpart LLLL (July 1, 2018 July 1, 2024).

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:93. Standards of performance for crude oil and natural gas production,
transmission and distribution. The standards of performance for crude oil and natural gas
production, transmission, and distribution are those in 40 C.F.R. § 60, Subpart OOOO (July 1,
2018 July 1, 2024).

Source: 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-108 74:36:07:97. Calculating Prevention of Significant Deterioration emissions for existing
municipal solid waste landfills. When calculating Prevention of Significant Deterioration
emissions for an existing municipal solid waste landfill, the owner or operator shall estimate the
nonmethane organic compound emission rate for comparison to the Prevention of Significant
Deterioration major source and significance levels in 40 C.F.R. §§ 51.166 or 52.21 (July 1, 2018
July 1, 2024) using EPA's AP-42, Fifth Edition, Compilation of Air Pollutant Emission Factors,
Volume 1: Stationary Point and Area Sources (January 1995) or other approved measurement
procedures.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

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 shall install at least two sample probes per hectare, evenly distributed over the landfill
surface that has retained waste for at least two years. If the landfill is larger than 25 hectares in
area, only 50 samples are required. The probes should be evenly distributed across the sample area.
The sample probes should be located to avoid known areas of nondegradable solid waste. The
owner or operator shall collect and analyze one sample of landfill gas from each probe to determine
the nonmethane organic compound concentration using 40 C.F.R. Part 60, Appendix A, Method
25 or 25C (July 1, 2018 July 1, 2024). Taking composite samples from different probes into a
single cylinder is allowed provided that equal sample volumes shall be taken from each probe. For AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-109 each composite, the sampling rate, collection times, beginning and ending cylinder vacuums, or
alternative volume measurements shall be recorded to verify that composite volumes are equal.
Composite sample volumes should not be less than one liter unless evidence can be provided to
substantiate the accuracy of smaller volumes. Terminate compositing before the cylinder
approaches ambient pressure where measurement accuracy diminishes. If more than the required
number of samples is taken, all samples shall be used in the analysis. The landfill owner or operator
shall divide the nonmethane organic compound concentration from Method 25 or 25C by six to
convert from nonmethane organic compound concentration as carbon to nonmethane organic
compound concentration as hexane. If the landfill has an active or passive gas removal system in
place, Method 25 or 25C samples may be collected from these systems instead of surface probes
provided the removal system can be shown to provide sampling as representative as the two
sampling probe per hectare requirement. For active collection systems, samples may be collected
from the common header pipe. The sample location on the common header pipe shall be before
any gas moving, condensate removal, or treatment system equipment. For active collection
systems, a minimum of three samples shall be collected from the header pipe. The owner or
operator shall determine the site-specific nonmethane organic compound concentration using the
following sampling procedure:

(1) Within 60 days after the date of determining the nonmethane organic compound
concentration and corresponding nonmethane organic compound emission rate, the owner or
operator shall submit the results;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-110 (2) The owner or operator shall recalculate the nonmethane organic compound mass
emission rate using the appropriate equation in § 74:36:07:99 using the average site-specific
nonmethane organic compound concentration from the collected samples instead of the default
value;

(3) If the resulting nonmethane organic compound mass emission rate is less than 34
megagrams per year, the owner or operator shall submit an estimate of nonmethane organic
compound emissions in the annual nonmethane organic compound emission rate report. The site-
specific nonmethane organic compound concentration shall be retested every five years; and

(4) If the nonmethane organic compound mass emission rate as calculated using the Tier 2
site-specific nonmethane organic compound concentration is equal to or greater than 34
megagrams per year, the owner or operator shall:

(a) Submit a gas collection and control system design plan within one year and install
and operate a gas collection and control system within 30 months according to §§ 74:36:07:106
and 74:36:07:109;
(b) Determine a site-specific methane generation rate constant and recalculate the
nonmethane organic compound emission rate using the site-specific methane generation rate using
the Tier 3 procedures specified in § 74:36:07:102; or
(c) Conduct a surface emission monitoring demonstration using the Tier 4 procedures
specified in § 74:36:07:103.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-111 Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:102. Tier 3 nonmethane organic compound emission rate for existing
municipal solid waste landfills. The site-specific methane generation rate constant shall be
determined using the procedures provided in 40 C.F.R. Part 60, Appendix A, Method 2E (July 1,
2018 July 1, 2024). The owner or operator shall estimate the nonmethane organic compound mass
emission rate using the appropriate equation in § 74:36:07:99 and using a site-specific methane
generation rate constant, and the site-specific nonmethane organic compound concentration as
determined in § 74:36:07:101 instead of the default values. The landfill owner or operator shall
compare the resulting nonmethane organic compound mass emission rate to the standard of 34
megagrams per year:

(1) If the nonmethane organic compound mass emission rate as calculated using the Tier 2
site-specific nonmethane organic compound concentration and Tier 3 site-specific methane
generation rate is equal to or greater than 34 megagrams per year, the owner or operator shall:

(a) Submit a gas collection and control system design plan within one year and install
and operate a gas collection and control system within 30 months according to §§ 74:36:07:106
and 74:36:07:109; or
(b) Conduct a surface emission monitoring demonstration using the Tier 4 procedures
specified in § 74:36:07:103; or AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-112 (2) If the nonmethane organic compound mass emission rate is less than 34 megagrams per
year, the owner or operator shall recalculate the nonmethane organic compound mass emission
rate annually using the appropriate equation in § 74:36:07:99 and using the site-specific Tier 2
nonmethane organic compound concentration and Tier 3 methane generation rate constant and
submit the results in the annual nonmethane organic compound emission rate report. The
calculation of the methane generation rate constant is performed only once, and the value obtained
from this test shall be used in all subsequent annual nonmethane organic compound emission rate
calculations.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

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 34 megagrams per year
but less than 50 megagrams per year using Tier 1 or Tier 2. If both Tier 1 and Tier 2 indicate
nonmethane organic compound emissions are 50 megagrams per year or greater, Tier 4 cannot be
used and the owner or operator must meet the criteria in subdivision (8). If Tier 4 is being used,
the owner or operator shall demonstrate that surface methane emissions are below 500 parts per
million. Surface emission monitoring shall be conducted on a quarterly basis using the following
procedures:
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-113 (1) The owner or operator shall measure surface concentrations of methane along the entire
perimeter of the landfill and along a pattern that traverses the landfill at no more than 30-meter
intervals using an organic vapor analyzer, flame ionization detector, or other portable monitor
meeting the specifications provided in § 74:36:07:115;

(2) The background concentration shall be determined by moving the probe inlet upwind
and downwind at least 30 meters from the waste mass boundary of the landfill;

(3) Surface emission monitoring shall be performed in accordance with 40 C.F.R. Part 60,
Appendix A, Method 21, section 8.3.1 (July 1, 2018 July 1, 2024), except the probe inlet shall be
placed no more than 5 centimeters above the landfill surface. The constant measurement of
distance above the surface should be based on a mechanical device:

(a) The owner or operator shall use a wind barrier when onsite average wind speed
exceeds four miles per hour or two meters per second or gust exceed 10 miles per hour. Average
on-site wind speed shall be determined in an open area at 5-minute intervals using an on-site
anemometer with a continuous recorder and data logger for the entire duration of the monitoring
event. The wind barrier shall surround the surface emission monitor and placed on the ground to
ensure wind turbulence is blocked. Surface emission monitoring cannot be conducted if average
wind speed exceeds 25 miles per hour; and
(b) Landfill surface areas where visual observations indicate elevated concentrations of
landfill gas and all cover penetrations shall be monitored using a device meeting the specifications
provided in § 74:36:07:115; AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-114 (4) Each owner or operator seeking to comply with the Tier 4 provisions in subdivision (6)
of this section shall maintain records of surface emission monitoring and submit a Tier 4 surface
emissions report;

(5) If there is any measured concentration of methane of 500 parts per million or greater
from the surface of the landfill, the owner or operator shall submit a gas collection and control
system design plan within one year of the first measured concentration of methane of 500 parts
per million or greater from the surface of the landfill and install and operate a gas collection and
control system according to §§ 74:36:07:106 and 74:36:07:109 within 30 months of the most
recent nonmethane organic compound emission rate report in which the nonmethane organic
compound emission rate equals or exceeds 34 megagrams per year based on Tier 2;

(6) If after four consecutive quarterly monitoring periods at a landfill, other than a closed
landfill, there is no measured concentration of methane of 500 parts per million or greater from
the surface of the landfill, the owner or operator shall continue quarterly surface emission
monitoring;

(7) If after four consecutive quarterly monitoring periods at a closed landfill there is no
measured concentration of methane of 500 parts per million or greater from the surface of the
landfill, the owner or operator shall conduct annual surface emission monitoring; and

(8) If a landfill has installed and operates a collection and control system that is not required,
then the collection and control system shall meet the following criteria: AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-115 (a) The gas collection and control system shall have operated for at least 6,570 out of
8,760 hours preceding the Tier 4 surface emissions monitoring demonstration; and
(b) During the Tier 4 surface emissions monitoring demonstration, the gas collection and
control system shall operate as it normally would to collect and control as much landfill gas as
possible.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:105. Existing municipal solid waste landfill emission gjuidelines guidelines.
The owner or operator of an existing municipal solid waste landfill that meets the following
conditions shall comply with §§ 74:36:07:106 through 74:36:07:145:

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional
design capacity available for future waste deposition;

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams by
mass and 2.5 million cubic meters by volume; and

(3) The landfill has a nonmethane organic compound emission rate greater than or equal to
34 megagrams per year or Tier 4 surface emissions monitoring shows a surface emission
concentration of 500 parts per million methane or greater; or AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-116 (4) The landfill is in the closed landfill subcategory and has a nonmethane organic
compound emission rate greater than or equal to 50 megagrams per year or Tier 4 surface emission
monitoring shows a surface concentration of 500 parts per million methane or greater.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:107. Existing municipal solid waste landfill active and passive collection
systems. The department shall approve a collection system if it meets the following:

(1) An active collection system shall:

(a) Be designed to handle the maximum expected gas flow rate for the entire area of the
landfill that warrants control over the intended use period of the gas control system equipment;
(b) Collect gas from each area, cell, or group of cells in the landfill in which the initial
solid waste has been placed for a period of five years or more if active or two years or more if
closed or at final grade;
(c) Collect gas at a sufficient extraction rate; and
(d) Be designed to minimize off-site migration of subsurface gas;

(2) A passive collection system shall:
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-117 (a) Comply with the provisions specified in subdivisions (1)(a), (1)(b), and (1)(d); and
(b) Be installed with liners on the bottom and all sides in all areas in which gas is to be
collected. The liners shall be installed as required under 40 C.F.R. § 258.40 (July 1, 2018 July 1,
2024).

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:109. Existing municipal solid waste landfill control system. The secretary shall
approve the control system if it meets one of the following requirements, except as provided in 40
C.F.R. § 60.24 (July 1, 2018 July 1, 2024):

(1) A non-enclosed flare designed and operated in accordance with the parameters
established in 40 C.F.R. § 60.18 (July 1, 2018 July 1, 2024), except as provided in § 74:36:07:123;
or
(2) A control system designed and operated to reduce nonmethane organic compounds by
98 percent by weight; or
(3) An enclosed combustor designed and operated to either reduce nonmethane organic
compounds by 98 percent by weight or the outlet nonmethane organic compound concentration to
20 parts per million as hexane by volume, dry basis at three percent oxygen, or less.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-118 The owner or operator shall route the collected gas to a treatment system that processes the
collected gas for subsequent sale or beneficial use or use as a raw material in a chemical
manufacturing process. Venting of treated landfill gas to the ambient air is not permitted. If the
treated landfill gas cannot be routed for subsequent sale or beneficial use, the treated landfill gas
shall be controlled according to subdivision (1), (2) or (3) of this section. All emissions from any
atmospheric vent from the gas treatment system are subject to the requirements of §§ 74:36:07:106
and 74:36:07:107 or subdivision (1), (2), or (3) of this section. Atmospheric vents located on the
condensate storage tank are not part of the treatment system and exempt from the requirements of
this subdivision.

If a boiler or process heater is used as a control device, the landfill gas stream shall be
introduced into the flame zone. The control device shall be operated within the operating parameter
ranges established during the initial or most recent performance test. For the closed landfill
subcategory, the initial or most recent performance test conducted on or before July 17, 2014
satisfies the performance testing requirements.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
74:36:07:110. Initial control system performance test for existing municipal solid
waste landfill. The owner or operator shall conduct an initial performance test to be completed no
later than 180 days after the initial startup of the approved control system. The performance test is
not required for boilers and process heaters with design heat input capacities equal to or greater AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-119 than 44 megawatts that burns the landfill gas. The owner or operator shall use the following test
methods:

(1) For a non-enclosed flare, the net heating value of the combusted landfill gas, as
determined in 40 C.F.R. § 60.18(f)(3) (July 1, 2018 July 1, 2024), is calculated from the
concentration of methane in the landfill gas as measured by 40 C.F.R. Part 60, Appendix A,
Method 3C (July 1, 2018 July 1, 2024). A minimum of three 30-minute Method 3C samples are
determined. The measurement of other organic components, hydrogen, and carbon monoxide is
not applicable. Method 3C may be used to determine the landfill gas molecular weight for
calculating the flare gas exit velocity under 40 C.F.R. § 60.18(4) (July 1, 2018 July 1, 2024);

(2) 40 C.F.R. Part 60, Appendix A, Method 25 or 25C (July 1, 2018 July 1, 2024) shall be
used to determine compliance with the 98 percent by weight efficiency or the 20 parts per million
by volume outlet nonmethane organic compound concentration level, unless another method to
demonstrate compliance has been approved by the secretary. Method 25C may be used at the inlet
only. 40 C.F.R. Part 60, Appendix A, Method 3, 3A, or 3C (July 1, 2018 July 1, 2024) shall be
used to determine oxygen for correcting the nonmethane organic compound concentration as
hexane to three percent. In cases where the outlet concentration is less than 50 parts per million
nonmethane organic compound as carbon (8 parts per million nonmethane organic compound as
hexane), 40 C.F.R. Part 60, Appendix A, Method 25A (July 1, 2018 July 1, 2024) should be used
in place of Method 25. 40 C.F.R. Part 60, Appendix A, Method 18 (July 1, 2018 July 1, 2024) may
be used in conjunction with Method 25A on a limited basis or Method 3C may be used to determine
methane. The methane as carbon should be subtracted from the Method 25A total hydrocarbon AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-120 value as carbon to give nonmethane organic compound concentration as carbon. The owner or
operator shall divide the nonmethane organic compound concentration as carbon by six to convert
the nonmethane organic compound concentration as carbon to nonmethane organic compound
concentration as hexane. The following equation shall be used to calculate efficiency:

Control efficiency=(NMOCin - NMOCout)/NMOCin, where

NMOCin = Mass of nonmethane organic compounds entering control device; and
NMOCout = Mass of nonmethane organic compounds exiting control device;

Within 60 days after the date of completing each performance test, the owner or operator
shall submit the results of the performance tests, including any associated fuel analyses.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:114. Existing municipal solid waste landfill compliance with surface
methane operational standards. The owner or operator of an existing municipal solid waste
landfill that meets the requirements of subdivision 74:36:07:111(4) shall comply with the
following procedures for demonstrating compliance with the surface methane operational
standards:
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-121 (1) After installation and startup of the gas collection system, the owner or operator shall
monitor surface concentrations of methane along the entire perimeter of the collection area and
along a pattern that traverses the landfill at no more than 30 meter intervals or a site-specific
established spacing for each collection area on a quarterly basis using an organic vapor analyzer,
flame ionization detector, or other portable monitor meeting the specifications provided in
§ 74:36:07:115;

(2) The background concentration shall be determined by moving the probe inlet upwind
and downwind outside the boundary of the landfill at a distance of at least 30 meters from the
perimeter wells;

(3) Surface emission monitoring shall be performed in accordance with 40 C.F.R. Part 60,
Appendix A, Method 21, section 8.3.1 (July 1, 2018 July 1, 2024) except the probe inlet shall be
placed within 5 to 10 centimeters of the ground. Monitoring shall be performed during typical
meteorological conditions;

(4) Any reading of 500 parts per million or more above background at any location shall be
recorded as a monitored exceedance. As long as the following actions are taken, the exceedance is
not a violation of the operational requirements of subdivision 74:36:07:111(4):
(a) The location of each monitored exceedance shall be marked and the location and
concentration recorded. For location, the owner or operator shall determine the latitude and
longitude coordinates using an instrument with an accuracy of at least four meters. The coordinates
shall be in decimal degrees with at least five decimal places; AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-122 (b) Cover maintenance or adjustments to the vacuum of the adjacent wells to increase
the gas collection in the vicinity of each exceedance shall be made and the location shall be re-
monitored within 10 calendar days of detecting the exceedance;

(c) If the re-monitoring of the location shows a second exceedance, additional corrective
action shall be taken and the location shall be monitored again within 10 days of the second
exceedance. If the re-monitoring shows a third exceedance for the same location, the action
specified in subdivision (e) shall be taken, and no further monitoring of that location is required
until the action specified in subdivision (e) has been taken;

(d) Any location that initially showed an exceedance but has a methane concentration
less than 500 parts per million methane above background at the 10-day re-monitoring specified
in subdivision (b) or (c) shall be re-monitored one month from the initial exceedance. If the 1-
month re-monitoring shows a concentration less than 500 parts per million above background, no
further monitoring of that location is required until the next quarterly monitoring period. If the 1-
month re-monitoring shows an exceedance, the actions specified in subdivision (c) or (e) shall be
taken; and

(e) For any location where monitored methane concentration equals or exceeds 500 parts
per million above background three times within a quarterly period, a new well or other collection
device must be installed within 120 calendar days of the initial exceedance. An alternative remedy
to the exceedance, such as upgrading the blower, header pipes or control device, and a
corresponding timeline for installation may be submitted to the Secretary for approval; and AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-123 (5) The owner or operator shall implement a program to monitor for cover integrity and
implement cover repairs as necessary on a monthly basis.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:115. Existing municipal solid waste landfill instrumentation specifications
and procedures for surface emission monitoring devices. The owner or operator of an existing
municipal solid waste landfill complying with the provisions in §§ 74:36:07:114 or 74:36:07:103
shall comply with the following procedures for demonstrating compliance with the surface
methane operational standards:

(1) The portable analyzer shall meet the instrument specifications provided in 40 C.F.R.
Part 60, Appendix A, Method 21, section 6 (July 1, 2018 July 1, 2024), except that methane
replaces all references to VOC;

(2) The calibration gas shall be methane, diluted to a nominal concentration of 500 parts per
million in air;

(3) To meet the performance evaluation requirements in 40 C.F.R. Part 60, Appendix A,
Method 21, section 8.1 (July 1, 2018 July 1, 2024), the instrument evaluation procedures of section
8.1 shall be used; and AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-124 (4) The calibration procedures provided in 40 C.F.R. Part 60, Appendix A, Method 21,
sections 8 and 10 (July 1, 2018 July 1, 2024) shall be followed immediately before commencing a
surface monitoring survey.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:117. Existing municipal solid waste landfill active gas collection system
monitoring. The owner or operator of an existing municipal solid waste landfill that seeks to
comply with an active gas collection system must install a sampling port and a thermometer, other
temperature measuring device, or an access port for temperature measurements at each wellhead.
The owner or operator shall:

(1) Measure the gauge pressure in the gas collection header on a monthly basis;
(2) Monitor nitrogen or oxygen concentration in the landfill gas on a monthly basis as
follows:

(a) The nitrogen level shall be determined using 40 C.F.R. Part 60, Appendix A, Method
3C (July 1, 2018 July 1, 2024), unless an alternative test method is established; and
(b) Unless an alternative test method is established, the oxygen level shall be determined
by an oxygen meter using 40 C.F.R. Part 60, Appendix A, Method 3A or 3C (all July 1, 2018 July AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-125 1, 2024) or ASTM D6522-11, if the sample location is prior to combustion, except that the
following apply:

(i) The span shall be set between 10 and 12 percent oxygen;
(ii) A data recorder is not required;
(iii) Only two calibration gases are required, a zero and span;
(iv) A calibration error check is not required; and
(v) The allowable sample bias, zero drift, and calibration drift are ±10 percent; and

(c) A portable gas composition analyzer may be used to monitor the oxygen levels
provided the analyzer is calibrated and meets all quality assurance and quality control requirements
for 40 C.F.R. Part 60, Appendix A, Method 3A (July 1, 2018 July 1, 2024) or ASTM D6522-11;
and

(3) Monitor the temperature of the landfill gas on a monthly basis. The temperature
measuring device shall be calibrated annually using the procedure in 40 C.F.R. Part 60, Appendix
A-1, Method 2, Section 10.3 (July 1, 2018 July 1, 2024).

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-126 74:36:07:125. Existing municipal solid waste landfill annual nonmethane organic
compound emission rate report. The owner or operator of an existing municipal solid waste
landfill with a design capacity equal to or greater than 2.5 million megagrams by mass and 2.5
million cubic meters by volume shall submit a nonmethane organic compound emission rate report
prior to but no later than 90 days after the effective date of EPA's approval of the state's § 111(d)
plan required in the Clean Air Act, except when the existing municipal solid waste landfill is in
the closed landfill subcategory. An existing municipal solid waste landfill that is in the closed
landfill subcategory is not required to submit an initial or subsequent nonmethane organic
compound emission rate report provided the most recent nonmethane organic compound emission
rate report indicated the nonmethane organic compound emissions were below 50 megagrams per
year.

The nonmethane organic compound emission rate report shall be submitted annually, except
as provided for in subdivision (3). The secretary may request additional information as may be
necessary to verify the reported nonmethane organic compound emission rate. The nonmethane
organic compound emission rate report shall:

(1) Contain an annual or 5-year estimate of the nonmethane organic compound emission
rate calculated using the formula and procedures provided in §§ 74:36:07:99 or 74:36:07:143, as
applicable;

(2) Include all the data, calculations, sample reports and measurements used to estimate the
annual or 5-year emissions; and AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-127 (3) If the estimated nonmethane organic compound emission rate as reported in the annual
report is less than 34 megagrams per year in each of the next five consecutive years, the owner or
operator may elect to submit an estimate of the nonmethane organic compound emission rate for
the next 5-year period in lieu of the annual report. This estimate shall include the current amount
of solid waste-in-place and the estimated waste acceptance rate for each year of the five years for
which an a nonmethane organic compound emission rate is estimated. All data and calculations
upon which this estimate is based shall be included in the nonmethane organic compound emission
rate report. This estimate shall be revised at least once every five years. If the actual waste
acceptance rate exceeds the estimated waste acceptance rate in any year reported in the 5-year
estimate, a revised 5-year estimate shall be submitted to the Secretary. The revised estimate shall
cover the 5-year period beginning with the year in which the actual waste acceptance rate exceeded
the estimated waste acceptance rate.

The owner or operator is exempt from the requirements to submit a nonmethane organic
compound emission rate report after installing a collection and control system that complies with
§§ 74:36:07:106 and § 74:36:07:109, during such time as the collection and control system is in
operation and in compliance with §§ 74:36:07:111 through § 74:36:07:116.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-128 74:36:07:126. Existing municipal solid waste landfill collection and control system
design plan submittal. The owner or operator of an existing municipal solid waste landfill that
meets the requirements of § 74:36:07:105 shall submit a collection and control system design plan
prepared and approved by a professional engineer. The collection and control system design plan
shall:

(1) The design requirements in §§ 74:36:07:106 and § 74:36:07:109;

(2) Include any alternatives to the operational standards, test methods, procedures,
compliance measures, monitoring, recordkeeping, or reporting provisions proposed by the owner
or operator;

(3) Conform to specifications for active collection systems in § 74:36:07:108 or include a
demonstration to the secretary's satisfaction of the sufficiency of the alternative provisions; and
(4) Cover page that contains the engineer's seal to the secretary within 1 year of the first
nonmethane organic compound emission rate report in which the nonmethane organic compound
emission rate equals or exceeds 34 megagrams per year, except as follows;

(a) If the owner or operator elects to recalculate the nonmethane organic compound
emission rate after Tier 2 nonmethane organic compound sampling and analysis and the resulting
rate is less than 34 megagrams per year, annual periodic reporting must be resumed, using the Tier
2 determined site-specific nonmethane organic compound concentration, until the calculated
nonmethane organic compound emission rate is equal to or greater than 34 megagrams per year or AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-129 the landfill is closed. The revised nonmethane organic compound emission rate report, with the
recalculated nonmethane organic compound emission rate based on nonmethane organic
compound sampling and analysis, shall be submitted, following the procedures in § 74:36:07:138,
within 180 days of the first calculated exceedance of 34 megagrams per year;

(b) If the owner or operator elects to recalculate the nonmethane organic compound
emission rate after determining a site-specific methane generation rate constant as provided in Tier
3, and the resulting nonmethane organic compound emission rate is less than 34 megagrams per
year, annual periodic reporting shall be resumed. The resulting site-specific methane generation
rate constant shall be used in the nonmethane organic compound emission rate calculation until
such time as the emissions rate calculation results in an exceedance. The revised nonmethane
organic compound emission rate report based on the provisions of § 74:36:07:102 and the resulting
site-specific methane generation rate constant shall be submitted to the secretary within one year
of the first calculated nonmethane organic compound emission rate equaling or exceeding 34
megagrams per year;

(c) If the owner or operator elects to demonstrate site-specific surface methane emissions
are below 500 parts per million methane, the owner or operator shall submit annually a Tier 4
surface emissions report until a surface emissions readings of 500 parts per million methane or
greater is found. If the Tier 4 surface emissions report shows no surface emissions readings of 500
parts per million methane or greater for four consecutive quarters at a closed landfill, then the
owner or operator may reduce Tier 4 monitoring from a quarterly to an annual frequency. The
secretary may request additional information as may be necessary to verify the reported AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-130 instantaneous surface emission readings. The Tier 4 surface emissions report shall clearly identify
the location, date and time to the nearest second, average wind speeds including wind gusts, and
reading, in parts per million, of any value 500 parts per million methane or greater, other than non-
repeatable, momentary readings. For location, the owner or operator shall determine the latitude
and longitude coordinates using an instrument with an accuracy of at least four meters. The
coordinates shall be in decimal degrees with at least five decimal places. The Tier 4 surface
emission report shall also include the results of the most recent Tier 1 and Tier 2 results in order
to verify the landfill does not exceed 50 megagrams per year of nonmethane organic compounds.
The annual Tier 4 surface emissions report shall be submitted as follows:

(i) The initial Tier 4 surface emissions report shall be submitted annually, starting
within 30 days of completing the fourth quarter of Tier 4 surface emissions monitoring that
demonstrates site-specific surface methane emissions are below 500 parts per million methane;
and

(ii) The Tier 4 surface emissions rate report shall be submitted within 1 year of the
first measured surface exceedance of 500 parts per million methane;

(d) If the landfill is in the closed landfill subcategory, the owner or operator shall submit
a collection and control system design plan to the secretary within one year of the first nonmethane
organic compound emission rate report in which the nonmethane organic compound emission rate
equals or exceeds 50 megagrams per year, except as follows:
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-131 (i) If the owner or operator elects to recalculate the nonmethane organic compound
emission rate after Tier 2 nonmethane organic compound sampling and analysis and the resulting
rate is less than 50 megagrams per year, annual periodic reporting shall be resumed, using the Tier
2 determined site-specific nonmethane organic compound concentration, until the calculated
nonmethane organic compound emission rate is equal to or greater than 50 megagrams per year or
the landfill is closed. The revised nonmethane organic compound emission rate report, with the
recalculated nonmethane organic compound emission rate based on nonmethane organic
compound sampling and analysis, shall be submitted within 180 days of the first calculated
exceedance of 50 megagrams per year;

(ii) If the owner or operator elects to recalculate the nonmethane organic compound
emission rate after determining a site-specific methane generation rate constant, as provided in
Tier 3, and the resulting nonmethane organic compound emission rate is less than 50 megagrams
per year, annual periodic reporting shall be resumed. The resulting site-specific methane
generation rate constant shall be used in the nonmethane organic compound emission rate
calculation until such time as the emissions rate calculation results in an exceedance. The revised
nonmethane organic compound emission rate report and the resulting site-specific methane
generation rate constant must be submitted to the secretary within one year of the first calculated
nonmethane organic compound emission rate equaling or exceeding 50 megagrams per year;

(iii) The owner or operator elects to demonstrate surface emissions are low,
consistent with the provisions in subdivision (4)(c) of this section; and
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-132 (iv) The landfill has already submitted a gas collection and control system design
plan consistent with the provisions of 40 C.F.R. Part 60, Subpart WWW (July 1, 2018 July 1,
2024); 40 C.F.R. Part 62, Subpart GGG (July 1, 2018 July 1, 2024); or § 74:36:07:35;

(e) The owner or operator shall notify the secretary that the design plan is completed and
submit a copy of the plan's signature page. The secretary has 90 days to decide whether the design
plan should be submitted for review. If the secretary chooses to review the plan, the approval
process continues as described in subdivision (4)(f) of this section. If the secretary indicates that
submission is not required or does not respond within 90 days, the owner or operator can continue
to implement the plan with the recognition that the owner or operator is proceeding at their own
risk. In the event the design plan is required to be modified to obtain approval, the owner or
operator shall take any steps necessary to conform any prior actions to the approved design plan
and any failure to do so could result in an enforcement action;

(f) Upon receipt of an initial or revised design plan, the secretary shall review the
information submitted under subdivision (1) through (3) and approve it, disapprove it, or request
additional information be submitted. Because of the many site-specific factors involved with
landfill gas system design, alternative systems may be proposed. If the secretary does not approve
or disapprove the design plan, or does not request additional information be submitted within 90
days of receipt, the owner or operator may continue with implementation of the design plan,
recognizing they would be proceeding at their own risk; and
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-133 (g) If the owner or operator chooses to demonstrate compliance with the emission control
requirements using a treatment system, the owner or operator must prepare a site-specific treatment
system monitoring plan as specified in subdivision 74:36:07:131(5)(a).

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:131. Recordkeeping for existing municipal solid waste landfill –
Permormance Performance tests and compliance determinations. Except as provided in
subdivision 74:36:07:126(2), the owner or operator of a control system at an existing municipal
solid waste landfill shall maintain the control device vendor specifications and the following
records, readily accessible, for the life of the control system equipment as measured during the
initial performance test or compliance determination. The following records of subsequent tests or
monitoring shall be maintained for a minimum of five years:

(1) Where an owner or operator seeks to demonstrate compliance with § 74:36:07:106:

(a) The maximum expected gas generation flow rate as calculated in subdivision
74:36:07:112(1). The owner or operator may use another method to determine the maximum gas
generation flow rate, if the method has been approved by the secretary; and
(b) The density of wells, horizontal collectors, surface collectors, or other gas extraction
devices determined using the procedures specified in subdivision 74:36:07:131(1)(a); AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-134 (2) Where an owner or operator seeks to demonstrate compliance with § 74:36:07:109
through use of an enclosed combustion device other than a boiler or process heater with a design
heat input capacity equal to or greater than 44 megawatts:

(a) The average temperature measured at least every 15 minutes and averaged over the
same time period of the performance test; and
(b) The percent reduction of nonmethane organic compounds achieved by the control
device;

(3) Where an owner or operator seeks to demonstrate compliance with § 74:36:07:107
through use of a boiler or process heater of any size, a description of the location at which the
collected gas vent stream is introduced into the boiler or process heater over the same time period
of the performance test;

(4) Where an owner or operator seeks to demonstrate compliance with subdivision
74:36:07:109(1) through use of a non-enclosed flare, the flare type, all visible emission readings,
heat content determination, flow rate or bypass flow rate measurements, and exit velocity
determinations made during the performance test; and continuous records of the flare pilot flame
or flare flame monitoring and records of all periods of operations during which the pilot flame or
the flare flame is absent; and

(5) Where an owner or operator seeks to demonstrate compliance with subdivision
74:36:07:107(4) through use of a landfill gas treatment system: AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-135
(a) Records of the flow of landfill gas to, and bypass of, the treatment system; and
(b) Develop and maintain a site-specific treatment monitoring plan, to include:

(i) Monitoring records of parameters identified in the treatment system monitoring
plan and ensure the treatment system is operating properly for each intended end use of the treated
landfill gas. At a minimum, records should include records of filtration, de-watering, and
compression parameters that ensure the treatment system is operating properly for each intended
end use of the treated landfill gas;
(ii) Monitoring methods, frequencies, and operating ranges for each monitored
operating parameter based on manufacturer's recommendations or engineering analysis for each
intended end use of the treated landfill gas;
(iii) Documentation of the monitoring methods and ranges, along with justification
for their use;
(iv) Identify who is responsible, by job title, for data collection;
(v) Processes and methods used to collect the necessary data; and
(vi) Description of the procedures and methods that are used for quality assurance,
maintenance, and repair of all continuous monitoring systems.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-136 74:36:07:136. Recordkeeping for existing municipal solid waste landfill -- Surface
methane. The owner or operator seeking to demonstrate site-specific surface methane emissions
are below 500 parts per million by conducting surface emission monitoring under the Tier 4
procedures must keep for at least five years up-to-date, readily accessible records of all surface
emissions monitoring and information related to monitoring instrument calibrations conducted
according to 40 C.F.R., Part 60, Appendix A, Method 21, sections 8 and 10 (July 1, 2018 July 1,
2024), including all of the following items:

(1) The following calibration records:

(a) Date of calibration and initials of operator performing the calibration;
(b) Calibration gas cylinder identification, certification date, and certified concentration;
(c) Any instrument scale used;
(d) A description of any corrective action taken if the meter readout could not be adjusted
to correspond to the calibration gas value; and
(e) If an owner or operator makes their own calibration gas, a description of the
procedure used;

(2) Digital photographs of the instrument setup. The photographs must be time and date-
stamped and taken at the first sampling location prior to sampling and at the last sampling location
after sampling at the end of each sampling day, for the duration of the Tier 4 monitoring
demonstration;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-137 (3) Timestamp of each surface scan reading. The timestamp should be detailed to the nearest
second and based on when the sample collection begins. A log for the length of time each sample
was taken using a stopwatch. The time each sample is take means the time the probe was held over
the area;

(4) Location of each surface scan reading. The owner or operator must determine the
coordinates using an instrument with an accuracy of at least four meters. Coordinates must be in
decimal degrees with at least five decimal places;

(5) Monitored methane concentration, in parts per million, of each reading;

(6) Background methane concentration, in parts per million, after each instrument
calibration test;

(7) Adjusted methane concentration using most recent calibration, in parts per million;

(8) For readings taken at each surface penetration, the unique identification location label
matching the label specified in § 74:36:07:133; and

(9) Records of the operating hours of the gas collection system for each destruction device.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-138 Law Implemented: SDCL 34A-1-18.

74:36:07:137. Recordkeepoing Recordkeeping for existing municipal solid waste
landfill -- Control system monitor. Except as provided in subdivision 74:36:07:126(2), the owner
or operator shall keep for at least five years up-to-date, readily accessible records of all collection
and control system monitoring data for parameters measured in § 74:36:07:117. Any records
required to be maintained and submitted electronically via the EPA's Central Data Exchange may
be maintained in electronic format. If the owner or operator is reporting leachate or other liquids
addition, keep records of any engineering calculations or company records used to estimate the
quantities of leachate or liquids added, the surface areas for which the leachate or liquids were
applied, and the estimates of annual waste acceptance or total waste in place in the areas where
leachate or liquids were applied.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:139. Report for existing municipal solid waste landfill -- Initial performance
test. The owner or operator of an existing municipal solid waste landfill that meets the
requirements of § 74:36:07:105 and seeking to comply with § 74:36:07:109 shall submit the initial
performance test report required under 40 C.F.R. § 60.8 (July 1, 2018 July 1, 2024), except when
the existing municipal solid waste landfill is in the closed landfill subcategory. An existing
municipal solid waste landfill that is in the closed landfill subcategory is not required to submit an AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-139 initial performance test report if the owner or operator already submitted the initial performance
test report on or before July 17, 2014. To fulfill the closed landfill subcategory, the closed landfill
shall submit a notification that includes information describing the change, present and proposed
emission control systems, and production capacity of the landfill before and after the change. Once
a notification of modification has been filed and additional solid waste is placed in the landfill, the
landfill is no longer closed. The initial performance test report shall contain the following:

(1) A diagram of the collection system showing collection system positioning including all
wells, horizontal collectors, surface collectors, or other gas extraction devices, including the
locations of any areas excluded from collection and the proposed sites for the future collection
system expansion;

(2) The data upon which the sufficient density of wells, horizontal collectors, surface
collectors, or other gas extraction devices and the gas mover equipment sizing are based;

(3) The documentation of the presence of asbestos or nondegradable material for each area
from which collection wells have been excluded based on the presence of asbestos or
nondegradable material;

(4) The sum of the gas generation flow rates for all areas from which collection wells have
been excluded based on nonproductivity and the calculations of gas generation flow rate for each
excluded area;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-140 (5) The provisions for increasing gas mover equipment capacity with increased gas
generation flow rate, if the present gas mover equipment is inadequate to move the maximum flow
rate expected over the life of the landfill; and

(6) The provisions for the control of off-site migration.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:140. Existing municipal solid waste landfill annual report. The owner or
operator of an existing municipal solid waste landfill that meets the requirements of
§ 74:36:07:105 and using an active collection system shall submit an annual report to the
Secretary. The initial annual report shall be submitted within 180 days of installation and startup
of the collection and control system, except when the existing municipal solid waste landfill is in
the closed landfill subcategory. An existing municipal solid waste landfill that is in the closed
landfill subcategory is not required to submit an initial annual report if the owner or operator
already submitted the initial annual report on or before July 17, 2014. The initial annual report
shall include the initial performance test report required under 40 C.F.R. § 60.8 (July 1, 2018 July
1, 2024), as applicable, unless the results of the performance test has been submitted to the EPA
via the EPA's Central Data Exchange. In the initial annual report, any process unit tested, any
pollutant tested and the date that such performance test was conducted may be submitted in lieu of
the performance test report if the report has been previously submitted to the EPA's Central Data AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-141 Exchange. The initial performance test report shall be submitted, following the procedure specified
in § 74:36:07:138, no later than the date the initial annual report is submitted. The annual report
shall contain the following:

(1) Value and length of time for exceedance of applicable parameters monitored under
subdivision 74:36:07:117(1), §§ 74:36:07:118 through 74:36:07:123, and § 74:36:07:121;

(2) Description and duration of all periods when the gas stream was diverted from the
control device or treatment system through a bypass line or the indication of bypass flow as
specified under §§ 74:36:07:117 through 74:36:07:124;
(3) Description and duration of all periods when the control device or treatment system was
not operating and length of time the control device or treatment system was not operating;

(4) All periods when the collection system was not operating;

(5) The location of each exceedance of the 500 parts per million methane concentration and
the concentration recorded at each location for which an exceedance was recorded in the previous
month. For location, the owner or operator shall determine the latitude and longitude coordinates
using an instrument with an accuracy of at least four meters. The coordinates shall be in decimal
degrees with at least five decimal places;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-142 (6) The date of installation and the location of each well or collection system expansion
added pursuant to subdivision 74:36:07:112(3) and (4), § 74:36:07:113, and subdivision
74:36:07:114(4); and

(7) For any corrective action analysis for which corrective actions are required and that take
more than 60 days to correct the exceedance, the root cause analysis conducted, including a
description of any recommended corrective action, the date for any corrective action already
completed following the positive pressure reading, and, for any action not already completed, a
schedule for implementation, including proposed commencement and completion dates.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:141. Existing municipal solid waste landfill annual liquids report. The owner
or operator of an existing municipal solid waste landfill that meets the requirements of
§ 74:36:07:105 and has employed leachate recirculation or added liquids within the last 10 years
shall submit an annual liquids report to the Secretary that includes the following information:

(1) Volume of leachate recirculated, in gallons per year, and if the reported volume is based
on records or engineering estimates;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-143 (2) Total volume of all other liquids added, in gallons per year, and if the reported volume
is based on records or engineering estimates;

(3) Surface area, in acres, over which the leachate is recirculated or otherwise applied;

(4) Surface area, in acres, over which any other liquids are applied;

(5) The total waste disposed, in megagrams, in the areas with recirculated leachate and/or
added liquids based on on-site records to the extent data are available or engineering estimates and
the reported basis of the engineering estimates;

(6) The annual waste acceptance rates, in megagrams per year, in the areas with recirculated
leachate and/or added liquids based on on-site records to the extent data are available or
engineering estimates;

(7) The initial liquids report shall contain items in subdivisions (1) through (6), per year for
the most recent 365 days as well as for each of the previous 10 years to the extent historical data
are available in on-site records. The initial liquids report shall be submitted no later than:

(a) 365 days after the effective date of EPA's approval of the state's § 111(d) plan
required in the Clean Air Act for landfills that commenced construction, modification, or
reconstruction after July 17, 2014 but before the effective date of EPA’s approval of the state's
§ 111(d) plan required in the Clean Air Act; or AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-144 (b) 365 days after the date of commenced construction, modification, or reconstruction
for landfills that commence construction, modification, or reconstruction after the effective date
of EPA’s approval of the state's § 111(d) plan required in the Clean Air Act;

(8) Subsequent annual liquids reports shall contain items in subdivisions (1) through (6) for
the 365-day period following the 365-day period included in the previous annual liquidsort liquids
report, and the report shall be submitted no later than 365 days after the date the previous report
was submitted;

(9) The owner or operator in the closed landfill subcategory are exempt from reporting
requirements contained in subdivisions (1) through (7); and

(10) The owner or operator may cease annual reporting of items in subdivisions (1) through
(6), once the owner or operator has submitted a closure report.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
74:36:07:142. Existing municipal solid waste landfill closure report. The owner or
operator shall submit a closure report for an existing municipal solid waste landfill to the secretary
within 30 days of ceasing waste acceptance. The secretary may request additional information as
may be necessary to verify that permanent closure has taken place in accordance with the
requirements of 40 C.F.R. § 258.60 (July 1, 2018 July 1, 2024). If a closure report has been AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-145 submitted to the secretary, no additional wastes may be placed into the landfill without filing a
notification of modification as described under 40 C.F.R. § 60.7(a)(4) (July 1, 2018 July 1, 2024).

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:143. Cap, remove, or decommission collection and control system for existing
municipal solid waste landfills. The owner or operator shall calculate the nonmethane organic
compound emission rate for purposes of determining when the collection and control system can
be capped, removed, or decommissioned using the following equation:

MNMOC=1.89×10-3QLFGCNMOC, where

MNMOC = Mass emission rate of nonmethane organic compounds, in megagrams per year;
QLFG = Flow rate of landfill gas, in cubic meters per minute; and
CNMOC = Nonmethane organic compound concentration, in parts per million by volume as
hexane.
(1) The flow rate of landfill gas shall be determined by measuring the total landfill gas flow
rate at the common header pipe that leads to the control system using a gas flow measuring device
calibrated according to the provisions of 40 C.F.R. Part 60, Appendix A, Method 2E, section 10
(July 1, 2018 July 1, 2024);
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-146 (2) The nonmethane organic compound concentration shall be determined by collecting and
analyzing landfill gas sampled from the common header pipe before the gas moving or condensate
removal equipment using the procedures in 40 C.F.R. Part 60, Appendix A, Method 25 or 25C
(July 1, 2018 July 1, 2024). The sample location on the common header pipe shall be before any
condensate removal or other gas refining units. The owner or operator shall divide the nonmethane
organic compound concentration from Method 25 or Method 25C by six to convert from
nonmethane organic compound concentration as carbon to nonmethane organic compound
concentration as hexane; and

(3) The owner or operator may use another method to determine landfill gas flow rate and
nonmethane organic compound concentration if the method has been approved by the secretary.
Within 60 days after the date of calculating the nonmethane organic compound emission rate for
purposes of determining when the system can be capped or removed, the owner or operator shall
submit the results according to § 74:36:07:138.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
74:36:07:146. Standards of performance for new municipal solid waste landfills. The
standards of performance for municipal solid waste landfills that commenced construction,
reconstruction, or modification after July 17, 2014, are those in 40 C.F.R. § 60 Subpart XXX (July
1, 2018 July 1, 2024). Physical or operational changes made to existing municipal solid waste
landfills solely to comply with §§ 74:36:07:94 through 74:36:07:145, or activities required by or AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-147 conducted pursuant to a CERCLA, RCRA, or state remedial action are not considered
construction, reconstruction, or modification for purposes of this section.

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:147. Standards of performance for crude oil and natural gas facilities. The
standards of performance for crude oil and natural gas facilities are those in 40 C.F.R. § 60, Subpart
OOOOa (July 1, 2018 July 1, 2024).

Source: 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.








AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-148 CHAPTER 74:36:08

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS


Section
74:36:08:00 Administrator defined.
74:36:08:01 General provisions -- National emission standards for hazardous air pollutants.
74:36:08:02 Emission standards for asbestos air pollutants.
74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) of benzene.
74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels.
74:36:08:02.03 Emission standards for benzene emissions from benzene transfer operations.
74:36:08:02.04 Emission standards for benzene waste operations.
74:36:08:03 General provisions -- National emission standards for hazardous air pollutants for
source categories.
74:36:08:03.01 Requirements for control technology determinations for major sources in
accordance with Clean Air Act sections 112(g) and 112(j).
74:36:08:04 National perchloroethylene air emission standards for dry cleaning facilities.
74:36:08:05 National emission standards for organic hazardous air pollutants from the
synthetic organic chemical manufacturing industry.
74:36:08:06 National emission standards for organic hazardous air pollutants from synthetic
organic chemical manufacturing industry process vents, storage vessels,
transfer operations, and wastewater. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-149 74:36:08:07 National emission standards for organic hazardous air pollutants for equipment
leaks.
74:36:08:08 National emission standards for organic hazardous air pollutants for certain
processes subject to negotiated regulations for equipment leaks.
74:36:08:09 National emission standards for chromium emissions from hard and decorative
chromium electroplating and chromium anodizing tanks.
74:36:08:10 National emission standards for ethylene oxide emissions from sterilization
facilities.
74:36:08:11 National emission standards for industrial process cooling towers.
74:36:08:12 National emission standards for gasoline distribution facilities (bulk gasoline
terminals and pipeline breakout stations).
74:36:08:13 National emission standards for halogenated solvent cleaning.
74:36:08:14 National emission standards for wood furniture manufacturing operations.
74:36:08:15 National emission standards for aerospace manufacturing.
74:36:08:16 National emission standards for tanks.
74:36:08:17 National emission standards for containers.
74:36:08:18 National emission standards for surface impoundments.
74:36:08:19 National emission standards for individual drain systems.
74:36:08:20 National emission standards for oil-water separators and organic-water
separators.
74:36:08:20.01 National emission standards for closed vent systems, control devices, recovery
devices, and routing to a fuel gas system or a process.
74:36:08:20.02 National emission standards for equipment leaks. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-150 74:36:08:21 National emission standards for hazardous air pollutants from the portland cement
manufacturing industry.
74:36:08:22 National emission standards for hazardous air pollutants for pesticide active
ingredient production.
74:36:08:23 National emission standards for the printing and publishing industry.
74:36:08:24 National emission standards for oil and natural gas production facilities.
74:36:08:25 National emission standards for natural gas transmission and storage facilities.
74:36:08:26 National emission standards for secondary aluminum production.
74:36:08:27 National emission standards for publicly owned treatment works.
74:36:08:28 National emission standards for solvent extraction for vegetable oil production.
74:36:08:29 National emission standards for paper and other web coating.
74:36:08:30 National emission standards for municipal solid waste landfills.
74:36:08:31 National emission standards for surface coating of metal furniture.
74:36:08:32 National emission standards for integrated iron and steel manufacturing facilities.
74:36:08:33 National emission standards for brick and structural clay products manufacturing.
74:36:08:34 National emission standards for asphalt processing and asphalt roofing
manufacturing.
74:36:08:35 National emission standards for flexible polyurethane foam fabrication
operations.
74:36:08:36 National emission standards for engine test cells/stands.
74:36:08:37 National emission standards for surface coating of miscellaneous metal parts and
products.
74:36:08:38 National emission standards for reinforced plastic composites production. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-151 74:36:08:39 National emission standards for stationary combustion turbines.
74:36:08:40 National emission standards for stationary reciprocating internal combustion
engines.
74:36:08:41 National emission standards for industrial, commercial, and institutional boilers
and process heaters.
74:36:08:42 National emission standards for polyvinyl chloride and copolymers production.
74:36:08:43 National emission standards for coke oven batteries.
74:36:08:44 National emission standards for pulp and paper industry.
74:36:08:45 National emission standards for group I polymers and resins.
74:36:08:46 National emission standards for epoxy resins production and non-nylon
polyamides production.
74:36:08:47 National emission standards for secondary lead smelting.
74:36:08:48 National emission standards for phosphoric acid manufacturing plants.
74:36:08:49 National emission standards for phosphate fertilizers production plants.
74:36:08:50 National emission standards for petroleum refineries.
74:36:08:51 National emission standards for off-site waste and recovery operations.
74:36:08:52 National emission standards for magnetic tape manufacturing operations.
74:36:08:53 National emission standards for primary aluminum reduction plants.
74:36:08:54 National emission standards for chemical recovery combustion sources at kraft,
soda, sulfite, and stand-alone semichemical pulp mills.
74:36:08:55 National emission standards for ethylene manufacturing process units -- Heat
exchange systems and waste operations.
74:36:08:56 Generic maximum achievable control technology standards. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-152 74:36:08:57 National emission standards for steel pickling -- HC1 process facilities and
hydrochloric acid regeneration plants.
74:36:08:58 National emission standards for mineral wool production.
74:36:08:59 National emission standards for hazardous waste combustors.
74:36:08:60 National emission standards for pharmaceutical production.
74:36:08:61 National emission standards for group IV polymers and resins.
74:36:08:62 National emission standards for wool fiberglass production.
74:36:08:63 National emission standards for manufacture of amino/phenolic resins.
74:36:08:64 National emission standards for polyether polyols production.
74:36:08:65 National emission standards for primary copper smelting.
74:36:08:66 National emission standards for primary lead smelting.
74:36:08:67 National emission standards for petroleum refineries -- Catalytic cracking,
catalytic reforming, and sulfur recovery units.
74:36:08:68 National emission standards for ferroalloy production -- Ferromanganese and
silicomanganese.
74:36:08:69 National emission standards for the manufacture of nutritional yeast.
74:36:08:70 National emission standards for plywood and composite wood products.
74:36:08:71 National emission standards for non-gasoline organic liquids distribution.
74:36:08:72 National emission standards for miscellaneous organic chemical manufacturing.
74:36:08:73 National emission standards for wet-formed fiberglass mat production.
74:36:08:74 National emission standards for surface coating of automobiles and light duty
trucks.
74:36:08:75 National emission standards for surface coating of metal cans. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-153 74:36:08:76 National emission standards for surface coating of large appliances.
74:36:08:77 National emission standards for printing, coating, and dyeing of fabrics and other
textiles.
74:36:08:78 National emission standards for surface coating of plastic parts and products.
74:36:08:79 National emission standards for surface coating of wood building products.
74:36:08:80 National emission standards for surface coating of metal coil.
74:36:08:81 National emission standards for leather finishing operations.
74:36:08:82 National emission standards for cellulose products manufacturing.
74:36:08:83 National emission standards for boat manufacturing.
74:36:08:84 National emission standards for rubber tire manufacturing.
74:36:08:85 National emission standards for lime manufacturing plants.
74:36:08:86 National emission standards for semiconductor manufacturing.
74:36:08:87 National emission standards for coke ovens -- Pushing, quenching, and battery
stacks.
74:36:08:88 National emission standards for iron and steel foundries.
74:36:08:89 National emission standards for site remediation.
74:36:08:90 National emission standards for miscellaneous coating manufacturing.
74:36:08:91 National emission standards for mercury cell chlor-alkali plants.
74:36:08:92 National emission standards for clay ceramics manufacturing.
74:36:08:93 National emission standards for flexible polyurethane foam production.
74:36:08:94 National emission standards for hydrochloric acid production.
74:36:08:95 National emission standards for friction materials manufacturing facilities.
74:36:08:96 National emission standards for taconite iron ore processing. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-154 74:36:08:97 National emission standards for refractory products manufacturing.
74:36:08:98 National emission standards for primary magnesium refining.
74:36:08:99 National emission standards for polyvinyl chloride and copolymers production
area sources.
74:36:08:100 National emission standards for primary copper smelting area sources.
74:36:08:101 National emission standards for secondary copper smelting area sources.
74:36:08:102 National emission standards for primary nonferrous metals area sources -- Zinc,
cadmium, and beryllium.
74:36:08:103 National emission standards for hospital ethylene oxide sterilizers.
74:36:08:104 National emission standards for electric arc furnace steelmaking facility area
sources.
74:36:08:105 National emission standards for iron and steel foundry area sources.
74:36:08:106 National emission standards for gasoline distribution bulk terminals, bulk plants,
and pipeline facilities.
74:36:08:107 National emission standards for gasoline dispensing facilities.
74:36:08:108 National emission standards for paint stripping and miscellaneous surface coating
area sources.
74:36:08:109 National emission standards for acrylic and modacrylic fiber production area
sources.
74:36:08:110 National emission standards for carbon black production area sources.
74:36:08:111 National emission standards for chemical manufacturing area sources --
Chromium compounds. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-155 74:36:08:112 National emission standards for flexible polyurethane foam production and
fabrication area sources.
74:36:08:113 National emission standards for lead acid battery manufacturing area sources.
74:36:08:114 National emission standards for wood preserving area sources.
74:36:08:115 National emission standards for clay ceramic manufacturing area sources.
74:36:08:116 National emission standards for glass manufacturing area sources.
74:36:08:117 National emission standards for secondary nonferrous metal processing area
sources.
74:36:08:118 National emission standards for plating and polishing area sources.
74:36:08:119 National emission standards for nine metal fabrication and finishing area sources.
74:36:08:120 National emission standards for ferroalloys production area sources.
74:36:08:121 National emission standards for aluminum, copper, and other nonferrous foundry
area sources.
74:36:08:122 National emission standards for coal- and oil-fired electric utility steam
generating units.
74:36:08:123 National emission standards for industrial, commercial, and institutional boilers
area sources.
74:36:08:124 National emission standards for chemical manufacturing area sources.
74:36:08:125 National emission standards for asphalt processing and asphalt roofing
manufacturing area sources.
74:36:08:126 National emission standards for chemical preparations industry area sources.
74:36:08:127 National emission standards for paints and allied products manufacturing area
sources. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-156 74:36:08:128 National emission standards for prepared feeds manufacturing area sources.
74:36:08:129 National emission standards for gold mine ore processing and production area
sources.
74:36:08:130 National emission standards for polyvinyl chloride and copolymers production.


74:36:08:01. General provisions -- National emission standards for hazardous air
pollutants. The general provisions for the national emission standards for hazardous air pollutants
are those in 40 C.F.R. § 61, Subpart A (July 1, 2018 July 1, 2024).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168,
effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January
2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13,
2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:02. Emission standards for asbestos air pollutants. The emission standards for
asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M (July 1, 2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-157 Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1,
1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR
95, effective December 2, 1991; transferred from § 74:26:22:02, 19 SDR 157, effective April 22,
1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR
123, effective April 4, 1999; 26 SDR 168, effective July 27, 2000; 30 SDR 26, effective September
1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR
217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June
25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46
SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources) of
benzene. The emission standards for equipment leaks of benzene are those in 40 C.F.R. § 61,
Subpart J (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-158 74:36:08:02.02. Emission standards for benzene emissions from benzene storage
vessels. The emission standards for benzene emissions from benzene storage vessels are those in
40 C.F.R. § 61, Subpart Y (July 1, 2018 July 1, 2024).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer
operations. The emission standards for benzene emissions from benzene transfer operations are
those in 40 C.F.R. § 61, Subpart BB (July 1, 2018 July 1, 2024).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:02.04. Emission standards for benzene waste operations. The emission
standards for benzene waste operations equipment leaks of benzene are those in 40 C.F.R. § 61,
Subpart FF (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-159 Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:03. General provisions -- National emission standards for hazardous air
pollutants for source categories. The general provisions for the national emission standards for
hazardous air pollutants for source categories are those in 40 C.F.R. § 63, Subpart A (July 1, 2018
July 1, 2024).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996;
25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective
September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006;
33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:03.01. Requirements for control technology determinations for major
sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for control AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-160 technology determinations for major sources in accordance with Clean Air Act sections 112(g)
and 112(j) are those in 40 C.F.R. § 63, Subpart B (July 1, 2018 July 1, 2024).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR
26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:04. National perchloroethylene air emission standards for dry cleaning
facilities. The national perchloroethylene air emission standards for dry cleaning facilities are
those in 40 C.F.R. § 63, Subpart M (July 1, 2018 July 1, 2024). A source that operates a unit subject
to Subpart M is exempt from the obligation to obtain a Part 70 operating permit if the source is not
required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart
M. Exempted sources must still meet the applicable requirements in Subpart M.

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996;
25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective
September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006;
33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-161 June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Complete application, § 74:36:05:09.

74:36:08:05. National emission standards for organic hazardous air pollutants from
the synthetic organic chemical manufacturing industry. The national emission standards for
organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are
those in 40 C.F.R. § 63, Subpart F (July 1, 2018 July 1, 2024).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996;
25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective
September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006;
33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:06. National emission standards for organic hazardous air pollutants from
synthetic organic chemical manufacturing industry process vents, storage vessels, transfer AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-162 operations, and wastewater. The national emission standards for organic hazardous air pollutants
from synthetic organic chemical manufacturing industry process vents, storage vessels, transfer
operations, and wastewater are those in 40 C.F.R. § 63, Subpart G (July 1, 2018 July 1, 2024).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996;
25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective
September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006;
33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:07. National emission standards for organic hazardous air pollutants for
equipment leaks. The national emission standards for organic hazardous air pollutants for
equipment leaks are those in 40 C.F.R. § 63, Subpart H (July 1, 2018 July 1, 2024).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996;
25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective
September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006;
33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-163 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:08. National emission standards for organic hazardous air pollutants for
certain processes subject to negotiated regulations for equipment leaks. The national emission
standards for organic hazardous air pollutants for certain processes subject to the negotiated
regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I (July 1, 2018 July 1, 2024).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996;
25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective
September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006;
33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:09. National emission standards for chromium emissions from hard and
decorative chromium electroplating and chromium anodizing tanks. The national emission
standards for hard and decorative chromium electroplating and chromium anodizing tanks are
those in 40 C.F.R. § 63, Subpart N (July 1, 2018 July 1, 2024). An area source that operates a unit
subject to Subpart N is exempt from the obligation to obtain a Part 70 operating permit if the source AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-164 is not required to obtain a Part 70 operating permit for a reason other than the source is subject to
Subpart N. Exempted sources must still meet the applicable requirements in Subpart N.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Operating permits for part 70 sources, § 74:36:05.

74:36:08:10. National emission standards for ethylene oxide emissions from
sterilization facilities. The national emission standards for ethylene oxide from sterilization
facilities are those in 40 C.F.R. § 63, Subpart O (July 1, 2018 July 1, 2024). A source that operates
a unit subject to Subpart O is exempt from the obligation to obtain a Part 70 operating permit if
the source is not required to obtain a Part 70 operating permit for a reason other than the source is
subject to Subpart O. Exempted sources must still meet the applicable requirements in Subpart O.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-165 effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:11. National emission standards for industrial process cooling towers. The
national emission standards for industrial process cooling towers are those in 40 C.F.R. § 63,
Subpart Q (July 1, 2018 July 1, 2024). A source that operates a unit subject to Subpart Q is exempt
from the obligations to obtain a Part 70 operating permit if the source is not required to obtain a
Part 70 operating permit for a reason other than the source is subject to Subpart Q. Exempted
sources must still meet the applicable requirements in Subpart Q.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-166 74:36:08:12. National emission standards for gasoline distribution facilities (bulk
gasoline terminals and pipeline breakout stations). The national emission standards for gasoline
distribution facilities including bulk gasoline terminals and pipeline breakout stations) are those in
40 C.F.R. § 63, Subpart R (July 1, 2018 July 1, 2024).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:13. National emission standards for halogenated solvent cleaning. The
national emission standards for halogenated solvent cleaning are those in 40 C.F.R. § 63, Subpart
T (July 1, 2018 July 1, 2024). An area source that operates a unit subject to Subpart T is exempt
from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a
Part 70 operating permit for a reason other than the source is subject to Subpart T. Exempted
sources must still meet the applicable requirements in Subpart T.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-167 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:14. National emission standards for wood furniture manufacturing
operations. The national emission standards for wood furniture manufacturing operations are
those in 40 C.F.R. § 63, Subpart JJ (July 1, 2018 July 1, 2024).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:15. National emission standards for aerospace manufacturing. The national
emission standards for aerospace manufacturing are those in 40 C.F.R. § 63, Subpart GG (July 1,
2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-168 Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52,
effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:16. National emission standards for tanks. The national emission standards for
tanks -- level 1 are those in 40 C.F.R. § 63, Subpart OO (July 1, 2018 July 1, 2024). The national
emission standards for tanks -- level 2 are those in 40 C.F.R. § 63, Subpart WW (July 1, 2018 July
1, 2024).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective
June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-169 74:36:08:17. National emission standards for containers. The national emission
standards for containers are those in 40 C.F.R. § 63, Subpart PP (July 1, 2018 July 1, 2024).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective
June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:18. National emission standards for surface impoundments. The national
emission standards for surface impoundments are those in 40 C.F.R. § 63, Subpart QQ (July 1,
2018 July 1, 2024).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective
June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-170 74:36:08:19. National emission standards for individual drain systems. The national
emission standards for individual drain systems are those in 40 C.F.R. § 63, Subpart RR (July 1,
2018 July 1, 2024).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective
June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20. National emission standards for oil-water separators and organic-water
separators. The national emission standards for oil-water separators and organic-water separators
are those in 40 C.F.R. § 63, Subpart VV (July 1, 2018 July 1, 2024).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective
June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-171 74:36:08:20.01. National emission standards for closed vent systems, control devices,
recovery devices, and routing to a fuel gas system or a process. The national emission standards
for closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a
process are those in 40 C.F.R. § 63, Subpart SS (July 1, 2018 July 1, 2024).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.02. National emission standards for equipment leaks. The national
emission standards for equipment leaks -- control level 1 are those in 40 C.F.R. § 63, Subpart TT
(July 1, 2018 July 1, 2024). The national emission standards for equipment leaks -- control level 2
are those in 40 C.F.R. § 63, Subpart UU (July 1, 2018 July 1, 2024).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-172 74:36:08:21. National emission standards for hazardous air pollutants from the
portland cement manufacturing industry. The national emission standards for the portland
cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (July 1, 2018 July 1,
2024).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective
June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:22. National emission standards for hazardous air pollutants for pesticide
active ingredient production. The national emission standards for pesticide active ingredient
production are those in 40 C.F.R. § 63, Subpart MMM (July 1, 2018 July 1, 2024).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective
June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-173 Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:23. National emission standards for the printing and publishing industry.
The national emission standards for the printing and publishing industry are those in 40 C.F.R.
§ 63, Subpart KK (July 1, 2018 July 1, 2024).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective
June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:24. National emission standards for oil and natural gas production facilities.
The national emission standards for oil and natural gas production facilities are those in 40 C.F.R.
§ 63, Subpart HH (July 1, 2018 July 1, 2024). A source that operates a unit subject to Subpart HH
is exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to
install controls and if the source is not required to obtain a Part 70 operating permit for a reason
other than the source is subject to Subpart HH. Exempted sources must still meet the applicable
requirements in Subpart HH.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-174 Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:25. National emission standards for natural gas transmission and storage
facilities. The national emission standards for natural gas transmission and storage facilities are
those in 40 C.F.R. § 63, Subpart HHH (July 1, 2018 July 1, 2024).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:26. National emission standards for secondary aluminum production. The
national emission standards for secondary aluminum production are those in 40 C.F.R. § 63,
Subpart RRR (July 1, 2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-175 Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:27. National emission standards for publicly owned treatment works. The
national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63,
Subpart VVV (July 1, 2018 July 1, 2024).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:28. National emission standards for solvent extraction for vegetable oil
production. The national emission standards for solvent extraction of vegetable oil production are
those in 40 C.F.R. § 63, Subpart GGGG (July 1, 2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-176 Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:29. National emission standards for paper and other web coating. The
national emission standards for paper and other web coating are those in 40 C.F.R. § 63, Subpart
JJJJ (July 1, 2018 July 1, 2024).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:30. National emission standards for municipal solid waste landfills. The
national emission standards for municipal solid waste landfills are those in 40 C.F.R. § 63, Subpart
AAAA (July 1, 2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-177 Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:31. National emission standards for surface coating of metal furniture. The
national emission standards for surface coating of metal furniture are those in 40 C.F.R. § 63,
Subpart RRRR (July 1, 2018 July 1, 2024).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:32. National emission standards for integrated iron and steel manufacturing
facilities. The national emission standards for integrated iron and steel manufacturing are those in
40 C.F.R. § 63, Subpart FFFFF (July 1, 2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-178 Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:33. National emission standards for brick and structural clay products
manufacturing. The national emission standards for brick and structural clay products
manufacturing are those in 40 C.F.R. § 63, Subpart JJJJJ (July 1, 2018 July 1, 2024).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:34. National emission standards for asphalt processing and asphalt roofing
manufacturing. The national emission standards for asphalt processing and asphalt roofing
manufacturing are those in 40 C.F.R. § 63, Subpart LLLLL (July 1, 2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-179 Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:35. National emission standards for flexible polyurethane foam fabrication
operations. The national emission standards for flexible polyurethane foam fabrication operations
are those in 40 C.F.R. § 63, Subpart MMMMM (July 1, 2018 July 1, 2024).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:36. National emission standards for engine test cells/stands. The national
emission standards for engine test cells/stands are those in 40 C.F.R. § 63, Subpart PPPPP (July 1,
2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-180 Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:37. National emission standards for surface coating of miscellaneous metal
parts and products. The national emission standards for surface coating of miscellaneous metal
parts and products as published in 40 C.F.R. § 63, Subpart MMMM (July 1, 2018 July 1, 2024).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:38. National emission standards for reinforced plastic composites
production. The national emission standards for reinforced plastic composites production are
those in 40 C.F.R. § 63, Subpart WWWW (July 1, 2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-181 Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR
207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October
13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:39. National emission standards for stationary combustion turbines. The
national emission standards for stationary combustion turbines are those in 40 C.F.R. § 63, Subpart
YYYY (July 1, 2018 July 1, 2024).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR
207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October
13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:40. National emission standards for stationary reciprocating internal
combustion engines. The national emission standards for stationary reciprocating internal
combustion engines are those in 40 C.F.R. § 63, Subpart ZZZZ (July 1, 2018 July 1, 2024).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR
207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October
13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-182 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:41. National emission standards for industrial, commercial, and institutional
boilers and process heaters. The national emission standards for industrial, commercial, and
institutional boilers and process heaters are those in 40 C.F.R. § 63, Subpart DDDDD (July 1, 2018
July 1, 2024).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR
207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October
13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:42. National emission standards for polyvinyl chloride and copolymers
production. The national emission standards for polyvinyl chloride and copolymers production
are those in 40 C.F.R. § 63, Subpart J (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-183 74:36:08:43. National emission standards for coke oven batteries. The national emission
standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (July 1, 2018 July 1,
2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:44. National emission standards for pulp and paper industry. The national
emission standards for pulp and paper industry are those in 40 C.F.R. § 63, Subpart S, (July 1,
2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:45. National emission standards for group I polymers and resins. The national
emission standards for group I polymers and resins are those in 40 C.F.R. § 63, Subpart U, (July
1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-184 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:46. National emission standards for epoxy resins production and non-nylon
polyamides production. The national emission standards for epoxy resins production and non-
nylon polyamides production are those in 40 C.F.R. § 63, Subpart W, (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:47. National emission standards for secondary lead smelting. The national
emission standards for secondary lead smelting are those in 40 C.F.R. § 63, Subpart X (July 1,
2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-185 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:48. National emission standards for phosphoric acid manufacturing plants.
The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R.
§ 63, Subpart AA (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:49. National emission standards for phosphate fertilizers production plants.
The national emission standards for phosphate fertilizers production plants are those in 40 C.F.R.
§ 63, Subpart BB (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-186 74:36:08:50. National emission standards for petroleum refineries. The national
emission standards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC (July 1, 2018
July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:51. National emission standards for off-site waste and recovery operations.
The national emission standards for off-site waste and recovery operations are those in 40 C.F.R.
§ 63, Subpart DD (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:52. National emission standards for magnetic tape manufacturing
operations. The national emission standards for magnetic tape manufacturing operations are those
in 40 C.F.R. § 63, Subpart EE (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-187 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:53. National emission standards for primary aluminum reduction plants. The
national emission standards for primary aluminum reduction plants are those in 40 C.F.R. § 63,
Subpart LL (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:54. National emission standards for chemical recovery combustion sources
at kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission
standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone
semichemical pulp mills are those in 40 C.F.R. § 63, Subpart MM (July 1, 2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-188 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:55. National emission standards for ethylene manufacturing process units --
Heat exchange systems and waste operations. The national emission standards for heat exchange
systems and waste operations are those in 40 C.F.R. § 63, Subpart XX (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:56. Generic maximum achievable control technology standards. The generic
maximum achievable control technology standards are those in 40 C.F.R. § 63, Subpart YY (July
1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-189 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:57. National emission standards for steel pickling -- HC1 process facilities
and hydrochloric acid regeneration plants. The national emission standards for HC1 process
facilities and hydrochloric acid regeneration plants are those in 40 C.F.R. § 63, Subpart CCC (July
1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:58. National emission standards for mineral wool production. The national
emission standards for mineral wool production are those in 40 C.F.R. § 63, Subpart DDD (July
1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-190 74:36:08:59. National emission standards for hazardous waste combusters
combustors. The national emission standards for hazardous waste combusters combustors are
those in 40 C.F.R. § 63, Subpart EEE (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:60. National emission standards for pharmaceutical production. The national
emission standards for pharmaceutical production are those in 40 C.F.R. § 63, Subpart GGG (July
1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:61. National emission standards for group IV polymers and resins. The
national emission standards for group IV polymers and resins are those in 40 C.F.R. § 63, Subpart
JJJ (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-191 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:62. National emission standards for wool fiberglass production. The national
emission standards for wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN (July
1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:63. National emission standards for manufacture of amino/phenolic resins.
The national emission standards for the manufacture of amino/phenolic resins are those in 40
C.F.R. § 63, Subpart OOO (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-192 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:64. National emission standards for polyether polyols production. The
national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart
PPP (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:65. National emission standards for primary copper smelting. The national
emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (July
1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-193 74:36:08:66. National emission standards for primary lead smelting. The national
emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT (July 1,
2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:67. National emission standards for petroleum refineries -- Catalytic
cracking, catalytic reforming, and sulfur recovery units. The national emission standards for
catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those
in 40 C.F.R. § 63, Subpart UUU (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-194 74:36:08:68. National emission standards for ferroalloy production --
Ferromanganese and silicomanganese. The national emission standards for ferromanganese and
silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:69. National emission standards for the manufacture of nutritional yeast. The
national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. § 63,
Subpart CCCC (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:70. National emission standards for plywood and composite wood products.
The national emission standards for plywood and composite wood products are those in 40 C.F.R.
§ 63, Subpart DDDD (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-195 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:71. National emission standards for non-gasoline organic liquids
distribution. The national emission standards for non-gasoline organic liquids distribution are
those in 40 C.F.R. § 63, Subpart EEEE (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:72. National emission standards for miscellaneous organic chemical
manufacturing. The national emission standards for miscellaneous organic chemical
manufacturing are those in 40 C.F.R. § 63, Subpart FFFF (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-196 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:73. National emission standards for wet-formed fiberglass mat production.
The national emission standards for wet-formed fiberglass mat production are those in 40 C.F.R.
§ 63, Subpart HHHH (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:74. National emission standards for surface coating of automobiles and light
duty trucks. The national emission standards for surface coating of automobiles and light duty
trucks are those in 40 C.F.R. § 63, Subpart IIII (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-197 74:36:08:75. National emission standards for surface coating of metal cans. The
national emission standards for surface coating of metal cans are those in 40 C.F.R. § 63, Subpart
KKKK (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:76. National emission standards for surface coating of large appliances. The
national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63,
Subpart NNNN (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics
and other textiles. The national emission standards for printing, coating, and dyeing of fabrics
and other textiles are those in 40 C.F.R. § 63, Subpart OOOO (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-198 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:78. National emission standards for surface coating of plastic parts and
products. The national emission standards for surface coating of plastic parts and products are
those in 40 C.F.R. § 63, Subpart PPPP (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:79. National emission standards for surface coating of wood building
products. The national emission standards for surface coating of wood building products are those
in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-199 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:80. National emission standards for surface coating of metal coil. The national
emission standards for surface coating of metal coil are those in 40 C.F.R. § 63, Subpart SSSS
(July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:81. National emission standards for leather finishing operations. The national
emission standards for leather finishing operations are those in 40 C.F.R. § 63, Subpart TTTT (July
1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-200 74:36:08:82. National emission standards for cellulose products manufacturing. The
national emission standards for cellulose products manufacturing are those in 40 C.F.R. § 63,
Subpart UUUU (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
212, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:83. National emission standards for boat manufacturing. The national
emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV (July 1,
2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:84. National emission standards for rubber tire manufacturing. The national
emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX (July
1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-201 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:85. National emission standards for lime manufacturing plants. The national
emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA
(July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:86. National emission standards for semiconductor manufacturing. The
national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, Subpart
BBBBB (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-202 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:87. National emission standards for coke ovens -- Pushing, quenching, and
battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63,
Subpart CCCCC (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:88. National emission standards for iron and steel foundries. The national
emission standards for iron and steel foundries are those in 40 C.F.R. § 63, Subpart EEEEE (July
1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-203 74:36:08:89. National emission standards for site remediation. The national emission
standards for site remediation are those in 40 C.F.R. § 63, Subpart GGGGG (July 1, 2018 July 1,
2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:90. National emission standards for miscellaneous coating manufacturing.
The national emission standards for miscellaneous coating manufacturing are those in 40 C.F.R.
§ 63, Subpart HHHHH (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The
national emission standards for mercury cell chlor-alkali plants are those in 40 C.F.R. § 63, Subpart
IIIII (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-204 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:92. National emission standards for clay ceramics manufacturing. The
national emission standards for clay ceramics manufacturing are those in 40 C.F.R. § 63, Subpart
KKKKK (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:93. National emission standards for flexible polyurethane foam production.
The national emission standards for flexible polyurethane foam production are those in 40 C.F.R.
§ 63, Subpart III (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-205 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:94. National emission standards for hydrochloric acid production. The
national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart
NNNNN (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:95. National emission standards for friction materials manufacturing
facilities. The national emission standards for friction materials manufacturing facilities are those
in 40 C.F.R. § 63, Subpart QQQQQ (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-206 74:36:08:96. National emission standards taconite iron ore processing. The national
emission standards for taconite iron ore processing are those in 40 C.F.R. § 63, Subpart RRRRR
(July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:97. National emission standards for refractory products manufacturing. The
national emission standards for refractory products manufacturing are those in 40 C.F.R. § 63,
Subpart SSSSS (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:98. National emission standards for primary magnesium refining. The
national emission standards for primary magnesium refining are those in 40 C.F.R. § 63, Subpart
TTTTT (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-207 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:99. National emission standards for polyvinyl chloride and copolymers
production area sources. The national emission standards for polyvinyl chloride and copolymers
production area sources are those in 40 C.F.R. § 63, Subpart DDDDDD (July 1, 2018 July 1, 2024).
A source that operates a unit subject to Subpart DDDDDD is exempt from the obligation to obtain
a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a
reason other than the source is subject to Subpart DDDDDD. Exempted sources must still meet
the applicable requirements in Subpart DDDDDD.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:100. National emission standards for primary copper smelting area sources.
The national emission standards for primary copper smelting area sources are those in 40 C.F.R.
§ 63, Subpart EEEEEE (July 1, 2018 July 1, 2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-208 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:101. National emission standards for secondary copper smelting area
sources. The national emission standards for secondary copper smelting area sources are those in
40 C.F.R. § 63, Subpart FFFFFF (July 1, 2018 July 1, 2024).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:102. National emission standards for primary nonferrous metals area
sources -- Zinc, cadmium, and beryllium. The national emission standards for primary
nonferrous metals area sources are those in 40 C.F.R. § 63, Subpart GGGGGG (July 1, 2018 July
1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-209 Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The
national emission standards for hospital ethylene oxide sterilizers are those in 40 C.F.R. § 63,
Subpart WWWWW (July 1, 2018 July 1, 2024). A source that operates a unit subject to Subpart
WWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is not
required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart
WWWWW. Exempted sources must still meet the applicable requirements in Subpart WWWWW.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:104. National emission standards for electric arc furnace steelmaking facility
area sources. The national emission standards for area sources -- electric arc furnace steelmaking
facilities are those in 40 C.F.R. § 63, Subpart YYYYY (July 1, 2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-210 Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:105. National emission standards for iron and steel foundry area sources. The
national emission standards for iron and steel foundry area sources are those in 40 C.F.R. § 63,
Subpart ZZZZZ (July 1, 2018 July 1, 2024). A source that operates a unit subject to Subpart
ZZZZZ is exempt from the obligation to obtain a Part 70 operating permit if the source is not
required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart
ZZZZZ. Exempted sources must still meet the applicable requirements in Subpart ZZZZZ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:106. National emission standards for gasoline distribution bulk terminals,
bulk plants, and pipeline facilities. The national emission standards for gasoline distribution bulk
terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB (July
1, 2018 July 1, 2024). A source that operates a unit subject to Subpart BBBBBB is exempt from AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-211 the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70
operating permit for a reason other than the source is subject to Subpart BBBBBB. Exempted
sources must still meet the applicable requirements in Subpart BBBBBB.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:107. National emission standards for gasoline dispensing facilities. The
national emission standards for gasoline dispensing facilities are those in 40 C.F.R. § 63, Subpart
CCCCCC (July 1, 2018 July 1, 2024). A source that operates a unit subject to Subpart CCCCCC
is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to
obtain a Part 70 operating permit for a reason other than the source is subject to Subpart CCCCCC.
Exempted sources must still meet the applicable requirements in Subpart CCCCCC.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-212 74:36:08:108. National emission standards for paint stripping and miscellaneous
surface coating area sources. The national emission standards for paint stripping and
miscellaneous coating area sources are those in 40 C.F.R. § 63, Subpart HHHHHH (July 1, 2018
July 1, 2024). A source that operates a unit subject to Subpart HHHHHH is exempt from the
obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70
operating permit for a reason other than the source is subject to Subpart HHHHHH. Exempted
sources must still meet the applicable requirements in Subpart HHHHHH.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:109. National emission standards for acrylic and modacrylic fiber
production area sources. The national emission standards for acrylic and modacrylic fiber
production area sources are those in 40 C.F.R. § 63, Subpart LLLLLL (July 1, 2018 July 1, 2024).
A source that operates a unit subject to Subpart LLLLLL is exempt from the obligation to obtain
a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a
reason other than the source is subject to Subpart LLLLLL. Exempted sources must still meet the
applicable requirements in Subpart LLLLLL.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-213 Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:110. National emission standards for carbon black production area sources.
The national emission standards for carbon black production area sources are those in 40 C.F.R.
§ 63, Subpart MMMMMM (July 1, 2018 July 1, 2024).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:111. National emission standards for chemical manufacturing area sources -
- Chromium compounds. The national emission standards for chemical manufacturing area
sources -- chromium compounds are those in 40 C.F.R. § 63, Subpart NNNNNN (July 1, 2018
July 1, 2024). A source that operates a unit subject to Subpart NNNNNN is exempt from the
obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70
operating permit for a reason other than the source is subject to Subpart NNNNNN. Exempted
sources must still meet the applicable requirements in Subpart NNNNNN. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-214 Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:112. National emission standards for flexible polyurethane foam production
and fabrication area sources. The national emission standards for flexible polyurethane foam
production and fabrication area sources are those in 40 C.F.R. § 63, Subpart OOOOOO (July 1,
2018 July 1, 2024). A source that operates a unit subject to Subpart OOOOOO is exempt from the
obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70
operating permit for a reason other than the source is subject to Subpart OOOOOO. Exempted
sources must still meet the applicable requirements in Subpart OOOOOO.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:113. National emission standards for lead acid battery manufacturing area
sources. The national emission standards for lead acid battery manufacturing area sources are
those in 40 C.F.R. § 63, Subpart PPPPPP (July 1, 2018 July 1, 2024). A source that operates a unit AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-215 subject to Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operating permit if
the source is not required to obtain a Part 70 operating permit for a reason other than the source is
subject to Subpart PPPPPP. Exempted sources must still meet the applicable requirements in
Subpart PPPPPP.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:114. National emission standards for wood preserving area sources. The
national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, Subpart
QQQQQQ (July 1, 2018 July 1, 2024). A source that operates a unit subject to Subpart QQQQQQ
is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to
obtain a Part 70 operating permit for a reason other than the source is subject to Subpart QQQQQQ.
Exempted sources must still meet the applicable requirements in Subpart QQQQQQ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-216 74:36:08:115. National emission standards for clay ceramic manufacturing area
sources. The national emission standards for clay ceramic manufacturing area sources are those
in 40 C.F.R. § 63, Subpart RRRRRR (July 1, 2018 July 1, 2024). A source that operates a unit
subject to Subpart RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if
the source is not required to obtain a Part 70 operating permit for a reason other than the source is
subject to Subpart RRRRRR. Exempted sources must still meet the applicable requirements in
Subpart RRRRRR.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:116. National emission standards for glass manufacturing area sources. The
national emission standards for glass manufacturing area sources are those in 40 C.F.R. § 63,
Subpart SSSSSS (July 1, 2018 July 1, 2024).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-217 74:36:08:117. National emission standards for secondary nonferrous metal processing
area sources. The national emission standards for secondary nonferrous metal processing area
sources are those in 40 C.F.R. § 63, Subpart TTTTTT (July 1, 2018 July 1, 2024). A source that
operates a unit subject to Subpart TTTTTT is exempt from the obligation to obtain a Part 70
operating permit if the source is not required to obtain a Part 70 operating permit for a reason other
than the source is subject to Subpart TTTTTT. Exempted sources must still meet the applicable
requirements in Subpart TTTTTT.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:118. National emission standards for plating and polishing area sources. The
national emission standards for plating and polishing area sources are those in 40 C.F.R. § 63,
Subpart WWWWWW (July 1, 2018 July 1, 2024). A source that operates a unit subject to Subpart
WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is
not required to obtain a Part 70 operating permit for a reason other than the source is subject to
Subpart WWWWWW. Exempted sources must still meet the applicable requirements in Subpart
WWWWWW.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-218 Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:119. National emission standards for nine metal fabrication and finishing
area sources. The national emission standards for nine fabrication and finishing area sources are
those in 40 C.F.R. § 63, Subpart XXXXXX (July 1, 2018 July 1, 2024). A source that operates a
unit subject to Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating
permit if the source is not required to obtain a Part 70 operating permit for a reason other than the
source is subject to Subpart XXXXXX. Exempted sources must still meet the applicable
requirements in Subpart XXXXXX.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:120. National emission standards for ferroalloys production area sources.
The national emission standards for ferroalloys production area sources are those in 40 C.F.R.
§ 63, Subpart YYYYYY (July 1, 2018 July 1, 2024). A source that operates a unit subject to AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-219 Subpart YYYYYY is exempt from the obligation to obtain a Part 70 operating permit if the source
is not required to obtain a Part 70 operating permit for a reason other than the source is subject to
Subpart YYYYYY. Exempted sources must still meet the applicable requirements in Subpart
YYYYYY.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:121. National emission standards for aluminum, copper, and other
nonferrous foundry area sources. The national emission standards for aluminum, copper, and
other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZZ (July 1, 2018
July 1, 2024). A source that operates a unit subject to Subpart ZZZZZZ is exempt from the
obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70
operating permit for a reason other than the source is subject to Subpart ZZZZZZ. Exempted
sources must still meet the applicable requirements in Subpart ZZZZZZ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-220 Law Implemented: SDCL 34A-1-18.

74:36:08:122. National emission standards for coal- and oil-fired electric utility steam
generating units. The national emission standards for coal- and oil-fired electric utility steam
generating units are those in 40 C.F.R. § 63, Subpart UUUUU (July 1, 2018 July 1, 2024).

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:123. National emission standards for industrial, commercial, and
institutional boilers area sources. The national emission standards for industrial, commercial,
and institutional boilers area sources are those in 40 C.F.R. § 63, Subpart JJJJJJ (July 1, 2018 July
1, 2024). A source that operates a unit subject to Subpart JJJJJJ is exempt from the obligation to
obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit
for a reason other than the source is subject to Subpart JJJJJJ. Exempted sources must still meet
the applicable requirements in Subpart JJJJJJ.

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-221 74:36:08:124. National emission standards for chemical manufacturing area sources.
The national emission standards for chemical manufacturing area sources are those in 40 C.F.R.
§ 63, Subpart VVVVVV (July 1, 2018 July 1, 2024). A source that operates a unit subject to
Subpart VVVVVV is exempt from the obligation to obtain a Part 70 operating permit if the source
is not required to obtain a Part 70 operating permit for a reason other than the source is subject to
Subpart VVVVVV. Exempted sources must still meet the applicable requirements in Subpart
VVVVVV.

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:125. National emission standards for asphalt processing and asphalt roofing
manufacturing area sources. The national emission standards for asphalt processing and asphalt
roofing manufacturing area sources are those in 40 C.F.R. § 63, Subpart AAAAAAA (July 1, 2018
July 1, 2024). A source that operates a unit subject to Subpart AAAAAAA is exempt from the
obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70
operating permit for a reason other than the source is subject to Subpart AAAAAAA. Exempted
sources must still meet the applicable requirements in Subpart AAAAAAA.

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-222 General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:126. National emission standards for chemical preparations industry area
sources. The national emission standards for chemical preparations industry area sources are those
in 40 C.F.R. § 63, Subpart BBBBBBB (July 1, 2018 July 1, 2024). A source that operates a unit
subject to Subpart BBBBBBB is exempt from the obligation to obtain a Part 70 operating permit
if the source is not required to obtain a Part 70 operating permit for a reason other than the source
is subject to Subpart BBBBBBB. Exempted sources must still meet the applicable requirements in
Subpart BBBBBBB.

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:127. National emission standards for paints and allied products
manufacturing area sources. The national emission standards for paints and allied products
manufacturing area sources are those in 40 C.F.R. § 63, Subpart CCCCCCC (July 1, 2018 July 1,
2024). A source that operates a unit subject to Subpart CCCCCCC is exempt from the obligation
to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit
for a reason other than the source is subject to Subpart CCCCCCC. Exempted sources must still
meet the applicable requirements in Subpart CCCCCCC. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-223 Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:128. National emission standards for prepared feeds manufacturing area
sources. The national emission standards for prepared feeds manufacturing area sources are those
in 40 C.F.R. § 63, Subpart DDDDDDD (July 1, 2018 July 1, 2024). A source that operates a unit
subject to Subpart DDDDDDD is exempt from the obligation to obtain a Part 70 operating permit
if the source is not required to obtain a Part 70 operating permit for a reason other than the source
is subject to Subpart DDDDDDD. Exempted sources must still meet the applicable requirements
in Subpart DDDDDDD.

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:129. National emission standards for gold mine ore processing and
production area sources. The national emission standards for gold mine ore processing and
production area sources are those in 40 C.F.R. § 63, Subpart EEEEEEE (July 1, 2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-224 Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:130. National emission standards for polyvinyl chloride and copolymers
production. The national emission standards for polyvinyl chloride and copolymers production
are those in 40 C.F.R. § 63, Subpart HHHHHHH (July 1, 2018 July 1, 2024).

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.









AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-225 CHAPTER 74:36:09

PREVENTION OF SIGNIFICANT DETERIORATION


Section
74:36:09:01 Applicability.
74:36:09:01.01 Prevention of significant deterioration permit required.
74:36:09:02 Prevention of significant deterioration.
74:36:09:03 Public participation.


74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, the
state's definitions and requirements for the prevention of significant deterioration are those in 40
C.F.R. § 52.21 (July 1, 2018 July 1, 2024), except for 40 C.F.R. § 52.21(a)(1), (a)(2)(iv)(e),
(b)(2)(iii)(h), (b)(3)(iii)(b), (b)(32), (b)(42), (b)(49)(v), (b)(55), (b)(56), (b)(57), (b)(58), (f), (k)(2),
(q), (s), (t), (u), (x), (y), and (z), and (cc) (July 1, 2018 July 1, 2024) with the following differences:

(1) For the purposes of this section, all terms defined in this section have the meaning
defined in 40 C.F.R. § 52.21, except for the term "administrator" which means the secretary with
the following exceptions:
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-226 (a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator" means
either the secretary or the administrator of EPA, as applicable;

(b) In 40 C.F.R. §§ 52.21(w)(2) through 52.21(w)(4), the term "administrator" means
either the secretary or the administrator of EPA, as applicable;

(c) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c);
52.21(b)(50)(i); 52.21(g)(1) through 52.21(g)(6); 52.21(l)(2); and 52.21(p)(2) the term
"administrator" means the administrator of EPA;

(2) For the purposes of this section, the term "Act" means the Clean Air Act;

(3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South
Dakota are Wind Cave National Park and the Badlands National Park;

(4) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by
reference excluding the second sentence which states, "Routine maintenance, repair and
replacement shall include, but not be limited to, any activity(s) that meets the requirements of the
equipment replacement provisions contained in paragraph (cc) of this section"; and

(5) For the purposes of this section, 40 C.F.R. § 52.21(v)(1) is incorporated by reference
excluding the phrase, "under 40 CFR 124.10";
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-227 (6) For the purposes of this section, 40 C.F.R. § 52.21(w)(1) through (w)(3) is incorporated
by reference as amended and published in 81 Fed. Reg. 78048 (November 7, 2016);

(7) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(i) is incorporated by reference
excluding the phrase, "through (v)";

(8) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(ii), the term "(b)(49)(iii)
through (v)" means "(b)(49)(iii) through (iv)";

(9) For the purposes of this section, 40 C.F.R. § 52.21 (b)(49)(iii) is incorporated by
reference excluding the phrase, "through (v)"; and

(10) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(iv)(b), the term "also will
have an emissions increase of a regulated NSR pollutant" means "also will have a major
modification of a regulated NSR pollutant that is not GHGs".

The secretary shall transmit to the administrator of the EPA a copy of each permit application
subject to this section and shall notify the administrator of the EPA of each significant action the
secretary takes on the application.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30
SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43,
effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-228 28, 2010; 37 SDR 182, effective April 20, 2011; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-18.
Law Implemented: SDCL 34A-1-18.

74:36:09:03. Public participation. For the purposes of this chapter, the state's public
participation procedures are those in 40 C.F.R. § 51.166(q) (July 1, 2018 July 1, 2024), excluding
the phrase "The plan shall provide that..." with the following differences:

(1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing
authority" means the secretary;

(2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(1) the phrase "specified time
period" means 60 days;

(3) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iv), the term "administrator"
means the administrator of EPA;

(4) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iii), the phrase "Notify the
public" shall consist of a public notice once in a legal newspaper in the county where the proposed
source would be constructed. The public notice shall include a statement that a person may submit
comments or contest the draft permit within 30 days after the publication of the notice. The AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-229 statement shall also describe the procedures a person must follow to contest the draft permit and
request a hearing in accordance with article 74:09;

(5) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is
required if a person contests the draft permit or contests the secretary's final determination and
requests a hearing in accordance with article 74:09; and

(6) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a
contested case hearing is not submitted during the public notice period, the secretary shall make a
final determination within 30 days of the end of the public comment period on the draft permit.
The secretary shall notify, in writing, the applicant and each person that submitted written
comments or requested notice of the final determination. The notice shall include reference to the
procedures for contesting the final determination and requesting a hearing in accordance with
article 74:09 within 30 days of receiving the secretary's final determination. If no person comments
on a draft permit, requests changes, or contests the draft permit during the public notice period,
the draft permit automatically becomes the secretary's final determination and is issued at the end
of the public notice period.

Source: 33 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28, 2010;
39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-18.
Law Implemented: SDCL 34A-1-18. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-230 CHAPTER 74:36:10

NEW SOURCE REVIEW


Section
74:36:10:01 Applicability.
74:36:10:02 Definitions.
74:36:10:03 Repealed.
74:36:10:03.01 New source review preconstruction permit required.
74:36:10:04 Repealed.
74:36:10:05 New source review preconstruction permit.
74:36:10:06 Causing or contributing to a violation of any national ambient air
quality standard.
74:36:10:07 Determining credit for emission offsets.
74:36:10:08 Projected actual emissions.
74:36:10:09 Repealed.
74:36:10:10 Repealed


74:36:10:02. Definitions. For the purposes of this chapter, the definitions for new source
review are those in 40 C.F.R. § 51.165(a)(1), except for the second sentence of 40 C.F.R. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-231 § 51.165(a)(1)(v)(C)(1), and 40 C.F.R. § 51.165(a)(1)(v)(G), (a)(1)(vi)(C)(3), (a)(1)(xliii),
(a)(1)(xliv), (a)(1)(xlv), and (a)(1)(xlvi) (July 1, 2018 July 1, 2024).

For the purposes of this chapter, the term, Act, means the Clean Air Act.

For the purposes of this section, the term, reviewing authority, means the secretary.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30
SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13,
2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6.

74:36:10:03.01. New source review preconstruction permit required. New major
stationary sources or major modifications to existing major sources must obtain a preconstruction
permit before beginning actual construction if they are located in the following areas:

(1) An attainment or unclassified area if the source would cause or contribute to a violation
of any national ambient air quality standard; or

(2) An area designated nonattainment for any national ambient air quality standard if the
source is major for the pollutant for which the area is designated nonattainment. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-232
Except as provided by a plant-wide applicability limit, a proposed project is considered a
major modification to an existing major source if the proposed project meets the criteria in 40
C.F.R. § 51.165(a)(2)(ii)(A) through (F) (July 1, 2018 July 1, 2024).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective
October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25,
2019.
General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 34A-1-6, 34A-1-21.

Note: The procedural requirements for obtaining a preconstruction permit under the new
source review program are similar to the procedural requirements for a Part 70 source, such as a
timely and complete application, completeness review, statement of basis, public participation,
and departmental recommendation, as outlined in §§ 74:36:05:08 through 74:36:05:20.01.

74:36:10:05. New source review preconstruction permit. A new source review
preconstruction permit must satisfy the following criteria before beginning actual construction:

(1) All requirements for new source performance standards in chapter 74:36:07 that apply
to the facility;
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-233 (2) Compliance with the lowest achievable emission rate;

(3) Certification of compliance that all other major sources, major modifications, or
reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or
in part elsewhere in the state are in compliance with all applicable emission limitations and
standards; and

(4) The total tonnage of increased emissions, in tons per year, resulting from a major
modification that must be offset shall be determined by summing the difference between the
allowable emissions after the modification and the actual emissions before the modification for
each emissions unit. Emissions offsets are determined in accordance with § 74:36:10:07.

The owner or operator may apply for a plant-wide applicability limit. The procedures for a
plant-wide allowable limit are those in 40 C.F.R. § 51.165(f)(1) to (f)(15), inclusive, (July 1, 2018
July 1, 2024).

Approval to construct does not relieve an owner or operator of the responsibility to comply
fully with applicable provisions of this article or the Clean Air Act and any other requirements
under local, state, or federal law.

Submission of preconstruction monitored or projected ambient air quality data, or both, from
the proposed source must accompany the permit application. In addition, air quality dispersion AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-234 modeling and meteorological data for the prescribed area may be required by the department. Costs
of these requirements must be absorbed by the proposed source.

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:16, effective July 1,
1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR
129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170,
effective May 13, 1991; transferred from § 74:26:01:16, 19 SDR 157, effective April 22, 1993; 21
SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101,
effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,
2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR
64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-22.

74:36:10:07. Determining credit for emission offsets. The baseline for determining credit
for emission offsets is the emission limit in effect at the time the application to construct is filed,
except that the offset baseline is the actual emission of the unit from which offset credit is obtained
if the demonstration of reasonable further progress and attainment of ambient air quality standards
is based upon the actual emission of sources located within a designated nonattainment area; or if
there is no applicable emission limit.

In determining credit for emission offsets the following criteria shall be met:
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-235 (1) All offsets must be for the same regulated NSR pollutant, result in a net positive air
quality benefit in the affected area, and be approved by the department before issuance of the
permit, even though they need not be in effect until the source commences operation. The offset
ratio of total actual emissions reductions to the emissions increase shall be at least 1 to 1 unless an
alternative ratio is provided in accordance with the offset requirements in 40 C.F.R.
§ 51.165(a)(9)(ii) through 51.165(a)(9)(iv) (July 1, 2018 July 1, 2024);

(2) External offsets or those emission limitations from sources not owned, operated, or
controlled by an applicant for a permit shall be made through a revision of the permit conditions
of the participating source or sources. At no time may the baseline be exceeded;

(3) The permissible location of offsetting emissions shall be conducted in accordance with
40 C.F.R., Part 51, Appendix S, section IV.D (July 1, 2018 July 1, 2024);

(4) For an existing fuel combustion unit, credit shall be based on the emission limit for the
type of fuel being burned at the time the application to construct is filed. If the existing source
agrees to switch to a cleaner fuel at some future date, emission offset credits based on the allowable
or actual emissions for the fuels involved may be allowed only if permit conditions specify an
alternative control measure that would achieve the same degree of emission reduction if the source
switched back to the dirtier fuel at some later date;

(5) Emission reductions achieved by shutting down an existing unit or curtailing production
or operating hours below baseline levels may be credited if the reductions are permanent, AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-236 quantifiable, federally enforceable, and the area has a federally-approved attainment plan. In
addition, the shutdown or curtailed production must occur after August 7, 1977, or less than one
year before the date of submitting the permit application, whichever is earlier. Emission reductions
may be credited in the absence of a federally-approved attainment plan if the shutdown or
curtailment occurred on or after the date the application is filed for a new unit or if the applicant
can establish that the proposed new unit is a replacement for the shutdown or curtailed unit, and
the shutdown or curtailment occurred after August 7, 1977, or less than one year before the date
of submitting the permit application, whichever is earlier;

(6) Except as set forth in 40 C.F.R. § 51.165(a)(3)(ii)(D) (July 1, 2018 July 1, 2024),
emission offset credit may not be allowed for replacing one hydrocarbon compound with another
of lesser reactivity;

(7) Credit for emissions reduction may be claimed to the extent that the department has not
relied on it in issuing a permit or in its demonstration of attainment or reasonable further progress;

(8) If the emissions limit allows greater emissions than the potential to emit of the unit, the
emission offset credit is allowed only for the control below the potential to emit of the unit; and

(9) All emission reductions claimed as offset credit must be federally enforceable.

Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and 44:10:01:17,
effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, effective May 21, AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-237 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991;
transferred from §§ 74:26:01:15, 74:26:01:16.01, and 74:26:01:17, 19 SDR 157, effective April
22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31
SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 34A-1-21, 34A-1-22.

74:36:10:08. Projected actual emissions. Any owner or operator who proposes a project
for existing emissions units at a major stationary source that is not considered a major modification
based on projected actual emissions but may result in a significant emission increase shall comply
with the requirements in 40 C.F.R. § 51.165(a)(6)(i) through (vi) (July 1, 2018 July 1, 2024). This
section does not apply to a source with a plant-wide applicability limit.

The owner or operator shall make the information required to be documented in 40 C.F.R.
§ 51.165(a)(6)(i) through (vi) (July 1, 2018 July 1, 2024) available for review upon a request for
inspection by the secretary or the general public pursuant to the requirements contained in 40
C.F.R. § 70.4(b)(3)(viii) (July 1, 2018 July 1, 2024).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-238 October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25,
2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6.


















AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-239 CHAPTER 74:36:11

PERFORMANCE TESTING


Section
74:36:11:01 Stack performance testing or other testing methods.
74:36:11:02 Secretary may require performance tests.
74:36:11:03 Notice to department of performance test.
74:36:11:04 Testing new fuels or raw materials.


74:36:11:01. Stack performance testing or other testing methods. All stack performance
tests or other test methods must be made in accordance with the applicable method specified in 40
C.F.R. § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendix A; and Part 51, Appendix M (all
July 1, 2018 July 1, 2024).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from
§ 34:10:05:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:01, effective July 1,
1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14
SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170,
effective May 13, 1991; transferred from §§ 74:26:05:01, 19 SDR 157, effective April 22, 1993;
21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-240 effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January
2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219,
effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September
13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-12.
Law Implemented: SDCL 34A-1-12.
















AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-241 CHAPTER 74:36:12

CONTROL OF VISIBLE EMISSIONS


Section
74:36:12:01 Restrictions on visible emissions.
74:36:12:02 Exceptions to restrictions.
74:36:12:03 Exceptions granted to alfalfa palletizes or dehydrators.


74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may not
discharge into the ambient air from a single unit of emissions an air pollutant of a density equal to
or greater than that designated as 20 percent opacity, as established by the Environmental
Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2018 July 1, 2024).

Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:01, 7 SDR 4, effective July 27,
1980; transferred from § 44:10:03:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:03:01, 19 SDR 157,
effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4,
1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-242 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR
64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6.

74:36:12:02. Exceptions to restrictions. The provisions of § 74:36:12:01 do not apply in
the following circumstances:

(1) If the presence of uncombined water is the only reason for failure to meet the
requirements of § 74:36:12:01;
(2) If smoke is emitted for the purpose of training or research and is approved by the
department; and
(3) For brief periods during such operations as soot blowing, start-up, shut-down, and
malfunctions.

Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:03, 7 SDR 4, effective July 27,
1980; transferred from § 44:10:03:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:26:03:03, 19 SDR 157, effective April 22, 1993; 39 SDR 219,
effective June 25, 2013.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-243 74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or
operator of a facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into the
ambient air an air pollutant of a density no greater than 30 percent opacity as established by the
Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2018 July
1, 2024).

Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 SDR
129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from
§ 74:26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective
June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6.








AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-244 CHAPTER 74:36:13

CONTINUOUS EMISSION MONITORING SYSTEMS


Section
74:36:13:01 Secretary may require continuous emission monitoring systems (CEMS).
74:36:13:02 Minimum performance specifications for all continuous emission monitoring
systems.
74:36:13:03 Reporting requirements.
74:36:13:04 Notice to department of exceedance.
74:36:13:05 Compliance determined by data from continuous emission monitor.
74:36:13:06 Compliance certification.
74:36:13:07 Credible evidence.
74:36:13:08 Compliance assurance monitoring.


74:36:13:02. Minimum performance specifications for all continuous emission
monitoring systems. Minimum performance specifications for all continuous emission
monitoring systems are those contained in 40 C.F.R. Part 60, Appendix B and 40 C.F.R. § 60.13
(July 1, 2018 July 1, 2024).
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-245 Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26
SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-12.
Law Implemented: SDCL 34A-1-12.

74:36:13:03. Reporting requirements. Owners or operators of those sources required to
install continuous emission monitoring systems shall observe the reporting requirements contained
in 40 C.F.R. § 60.7 (July 1, 2018 July 1, 2024). All records must be made available to the
department on request.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26
SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-12.
Law Implemented: SDCL 34A-1-12.

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, 2018 July 1, 2024) or this article that are detected AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-246 through continuous emission monitoring systems must be reported to the department within the
time constraints as determined by the secretary in the permit to operate.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26
SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-12.
Law Implemented: SDCL 34A-1-12.

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, 2018 July 1,
2024) and incorporated into a federally enforceable operating permit in addition to any specified
compliance methods.

Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32
SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017;
46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-12.
Law Implemented: SDCL 34A-1-12. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-247 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 methods is presumptively credible evidence
of whether a violation has occurred at the source:

(a) A monitoring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) (July
1, 2018 July 1, 2024) and incorporated in a federally enforceable operating permit;

(b) Compliance methods specified in the applicable plan; and

(2) The following testing, monitoring, or information gathering methods are presumptively
credible testing, monitoring, or information-gathering methods;

(a) Any federally enforceable monitoring or testing methods, including those in 40
C.F.R. Parts 51, 60, 61, and 75 (July 1, 2018 July 1, 2024);

(b) Other testing, monitoring, or information-gathering methods that produce
information comparable to that produced by any method in subdivision (1) or (2)(a).

Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31
SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-248 June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44
SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-12.
Law Implemented: SDCL 34A-1-12.

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, 2018 July 1, 2024), must comply with 40 C.F.R. §§ 64.1 and
64.3 to 64.10, inclusive, (July 1, 2018 July 1, 2024).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR
101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June
28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR
43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-12.
Law Implemented: SDCL 34A-1-12.







AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-249 CHAPTER 74:36:16

ACID RAIN PROGRAM


Section
74:36:16:01 General provisions.
74:36:16:02 Allowance system.
74:36:16:03 Reserved.
74:36:16:04 Continuous emission monitoring.
74:36:16:05 Nitrogen oxides emission reduction.


74:36:16:01. General provisions. The following provisions are incorporated by reference:
40 C.F.R. §§ 72.2 through 72.85 (July 1, 2018 July 1, 2024) except for the following definitions
in § 72.2: Environmental Appeals Board, EPA trial staff, ex parte communication, hearing clerk,
presiding officer, and state operating permit program and except for §§ 72.4, 72.5, 72.6(c), 72.10,
72.12, 72.13, 72.20, 72.23 through 72.25, 72.60 through 72.71, 72.73, and 72.74. For the purposes
of this chapter, "administrator" means the secretary, except for those authorities which cannot be
delegated to the state, in which case "administrator" means the administrator of the Environmental
Protection Agency.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-250 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, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-18.
Law Implemented: SDCL 34A-1-18.

74:36:16:02. Allowance system. The allowance system for the acid rain program is that in
40 C.F.R. §§ 73.1 through 73.53 (July 1, 2018 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, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-18.
Law Implemented: SDCL 34A-1-18.

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 through 75.67 (July 1, 2018
July 1, 2024) and Appendixes A through H, inclusive, to 40 C.F.R. Part 75 (July 1, 2018 July 1,
2024). AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-251 Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26
SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-18.
Law Implemented: SDCL 34A-1-18.

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 through 76.16 (July 1, 2018
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, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-18.
Law Implemented: SDCL 34A-1-18.



AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-252 CHAPTER 74:36:18

REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA


Section
74:36:18:01 Definitions.
74:36:18:02 Applicability.
74:36:18:03 Permit required.
74:36:18:04 Time period for permits and renewals.
74:36:18:05 Required contents of a complete application for a permit.
74:36:18:06 Contents of permit.
74:36:18:07 Permit expiration.
74:36:18:08 Renewal of permit.
74:36:18:09 Reasonably available control technology required.
74:36:18:10 Visible emissions limit for construction and continuous operation activities.
74:36:18:11 Exception to visible emission limit.
74:36:18:12 Notice of operating noncompliance -- Contents.


74:36:18:10. Visible emission limit for construction and continuous operation
activities. The owner or operator of a state facility or 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 AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-253 designated as 20 percent opacity for a series of two minute averages with a minimum of a total of
six minutes of readings. The Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60,
Appendix A (July 1, 2018 July 1, 2024) shall be used to determine the opacity.

Source: 28 SDR 178, effective July 1, 2002; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective
September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-47, 34A-1-49.













AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-254 CHAPTER 74:36:20

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS


Section
74:36:20:01 Applicability.
74:36:20:02 Construction permit required.
74:36:20:02.01 Initiating construction prior to permit issuance.
74:36:20:03 Construction permit exemption.
74:36:20:04 Emission unit exemptions.
74:36:20:05 Standard for issuance of construction permit.
74:36:20:05.01 Procedures for an insignificant increase in allowable emissions.
74:36:20:06 Timely and complete application for a construction permit required.
74:36:20:07 Required contents of complete application for a construction permit.
74:36:20:08 Applicant required to supplement or correct application.
74:36:20:09 Permit application -- Completeness review.
74:36:20:10 Time period for department's recommendation.
74:36:20:11 Public participation in permitting process.
74:36:20:12 Public review of department's draft permit.
74:36:20:13 Final permit decision -- Notice to interested persons.
74:36:20:14 Right to petition for contested case hearing.
74:36:20:15 Contents of construction permit. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-255 74:36:20:16 Administrative permit amendment.
74:36:20:17 Procedures for administrative permit amendments.
74:36:20:18 Reopening construction permit for cause.
74:36:20:19 Procedures to reopen construction permit.
74:36:20:20 Construction permit does not exempt from other requirements.
74:36:20:21 Expiration of a construction permit.
74:36:20:22 Notice of constructing or operating noncompliance -- Contents.
74:36:20:23 Petition for contested case or alleged violation.
74:36:20:24 Circumvention of emissions not allowed.


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 with
the attainment or maintenance of an applicable national ambient air quality standard. If air
pollution dispersion modeling is required, the modeling shall be performed in accordance with the
air quality modeling guidance in 40 C.F.R. Part 51, Appendix W (July 1, 2018 July 1, 2024) and
is not affected by stack height that exceeds good engineering practice or by any other dispersion
technique as defined in 40 C.F.R. § 51.100 (July 1, 2018 July 1, 2024). Each new source or
modification to an existing source must comply with emission limits and other requirements of the
act and the Clean Air Act. The construction permit must include reasonable conditions, including
adherence to plans and specifications, to ensure compliance with the act, the Clean Air Act, and
any other conditions justified under SDCL 34A-1-19. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-256 Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR
52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective
November 25, 2019.
General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.
Law Implemented: SDCL 34A-1-21.

74:36:20:11. Public participation in permitting process. The department shall mail
provide a copy of the draft permit to the applicant. The department shall publish a public notice of
the draft permit once in a legal newspaper in the county where the source is located. The notice
must include a brief statement describing the source and where it is located; the department's
recommendation and the reasons for it; the activity or activities involved in the permit action; a
statement that a person may submit comments or contest the draft permit within 30 days after the
publication of the notice; a description of the procedures a person must follow to contest the draft
permit and request a hearing in accordance with article 74:09; and a statement describing where
copies of the draft permit or other information may be obtained. The department shall provide to
the interested parties a 30-day notice of any hearing to contest a draft permit.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.
General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 1-26-27, 34A-1-21.


AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-257 CHAPTER 74:36:21

REGIONAL HAZE PROGRAM


Section
74:36:21:01 Applicability.
74:36:21:02 Definitions.
74:36:21:03 Existing stationary facility defined.
74:36:21:04 Visibility impact analysis.
74:36:21:05 BART determination.
74:36:21:06 BART determination for a BART-eligible coal-fired power plant.
74:36:21:07 Installation of controls based on visibility impact analysis or BART
determination.
74:36:21:08 Operation and maintenance of controls.
74:36:21:09 Monitoring, recordkeeping, and reporting.
74:36:21:10 Permit to construct.
74:36:21:11 Permit required for BART determination.
74:36:21:12 Federal land manager notification and review.
74:36:21:13 Calculate a 30-day rolling average.


AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-258 74:36:21:02. Definitions. As used in this chapter:

(1) "Adverse impact on visibility" means 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" means best available retrofit technology;

(3) "Best available retrofit technology" means an emission limitation based on the degree
of reduction achievable through the application of the best system of continuous emission
reduction for each pollutant that is emitted by an existing stationary facility;

(4) "BART-eligible source" means an existing stationary facility;

(5) "Coal-fired power plant" means any person, corporation, limited liability company,
association, company, partnership, political subdivision, municipality, rural electric cooperative,
consumers power district, or any group or combination acting as a unit, owning or holding under
lease, or otherwise real property used, or intended for use, for the conversion of coal into electric
power;

(6) "Contribute to adverse impact on visibility" means a change in visibility impairment in
a mandatory Class I federal area of five-tenths deciviews or more, based on a 24-hour average,
above the average natural visibility baseline; AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-259 (7) "Major source" means as defined in § 74:36:01:08(2) and (3);

(8) "Mandatory Class I federal area" means any area identified in 40 C.F.R. § 81, Subpart
D (July 1, 2018 July 1, 2024);

(9) "Visibility impairment" means any human-perceptible change in visibility such as light
extinction, visual range, contrast, coloration, from that which would have existed under natural
conditions;

(10) "30-day rolling average" means and amount expressed as pounds per million Btus and
pounds per hour averaged over 30 operating days; and

(11) "Operating day" means a 24-hour period between midnight and the following midnight
during which any fuel is combusted at any time in the period, even if fuel is not combusted during
the entire 24-hour period.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19,
2011; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-260 74:36:21:04. Visibility impact analysis. An air quality construction permit for a new
major source or modification to a major source shall 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 has been shown that the operation of the new major source or modification to a major source
will not contribute to adverse impact on visibility in any mandatory Class I federal area. Adverse
impact on visibility shall be based on a case-by-case basis taking into account the geographic
extent, intensity, duration, frequency, and time of visibility impairment, and how these factors
correlate with times of visitor use of a mandatory Class I federal area and the frequency and timing
of natural conditions that reduce visibility. If air pollution dispersion modeling is required, the
modeling shall be performed in accordance with the air quality modeling guidance in 40 C.F.R.
Part 51, Appendix W (July 1, 2018 July 1, 2024) and is not affected by stack height that exceeds
good engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100
(July 1, 2018 July 1, 2024). A source contributes to adverse impact on visibility if the source
exceeds the threshold of the 98th percentile (eighth highest value) of the modeling results, based
on one year of the three years of meteorological data modeled, equals or exceeds five-tenths
deciviews.

Source: 37 SDR 111, effective December 7, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6.
AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-261 74:36:21:05. BART determination. The owner or operator of a BART-eligible source that
emits any air pollutant which may reasonably be anticipated to contribute to adverse impact on
visibility in any mandatory Class I federal area shall submit a BART determination. The BART
determination shall follow the procedures outlined in 40 C.F.R. § 51, Subpart Y (July 1, 2018 July
1, 2024) and must be based on an analysis of the best system of continuous emission control
technology available and associated emission reductions achievable for each BART-eligible
source. In this analysis, the BART determination must take into consideration the technology
available, the costs of compliance, the energy and nonair quality environmental impacts of
compliance, any pollution control equipment in use at the source, the remaining useful life of the
source, and the degree of improvement in visibility that may reasonably be anticipated to result
from the use of such technology. The emission limitation must be established, on a case-by-case
basis, taking into consideration the technology available, the costs of compliance, the energy and
nonair quality environmental impacts of compliance, any pollution control equipment in use or in
existence at the source, the remaining useful life of the source, and the degree of improvement in
visibility that may reasonable be anticipated to result from the use of such technology. The BART
determination must be submitted within nine months after being notified by the department that
the existing stationary source is reasonably anticipated to contribute to adverse impact on visibility
in any mandatory Class I federal area.

Source: 37 SDR 111, effective December 7, 2010; 39 SDR 219, effective June 25, 2013; 42
SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64,
effective November 25, 2019.
General Authority: SDCL 34A-1-6. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-262 Law Implemented: SDCL 34A-1-6.

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 shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur dioxide
and nitrogen oxides emissions from the BART-eligible source must be routed to the main stack of
a BART-eligible source. The owner or operator of a BART-eligible source shall install, certify,
maintain, calibrate, and operate a continuous emission monitoring system for sulfur dioxide and
nitrogen oxide in accordance with 40 C.F.R. Part 75 (July 1, 2018 July 1, 2024), except the
recordkeeping and reporting requirements for the continuous emission monitoring systems must
be in accordance with 40 C.F.R. § 60.7 (July 1, 2018 July 1, 2024). Monitoring and related
recordkeeping and reporting requirements for other air pollutants from a BART-eligible source or
from a major source or modification of a major source must consist of at least the following:

(1) All emissions monitoring and analysis procedures, alternative approved methods, or test
methods required in determining compliance with §§ 74:36:21:04 and 74:36:21:06;

(2) As necessary, documentation of the use, maintenance, and if appropriate, installation of
monitoring equipment or methods;

(3) Documentation of the following:

(a) The date, place, and time of sampling or measurements; AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-263 (b) The date or dates analyses were performed;
(c) The company or entity that performed the analyses;
(d) The analytical techniques or methods used;
(e) The results of such analyses; and
(f) The operating conditions as existing at the time of sampling or measurement;

(4) Recordkeeping and reporting requirements that comply with the following:

(a) Submission of reports of any required monitoring must occur at least every six
months. Reports must clearly identify all exceedances with §§ 74:36:21:04 and 74:36:21:06. All
required reports must be certified by a responsible official; and

(b) Exceedances of §§ 74:36:21:04 and 74:36:21:06, including those attributable to upset
conditions. The probable cause of such exceedance and any corrective actions or preventive
measures taken must be promptly reported and certified by a responsible official; and

(5) Requirements for retention of monitoring records and all supporting documentation for
at least five years from the date of the monitoring sample, measurement, report, or application.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19,
2011; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43,
effective September 13, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 34A-1-6. AIR POLLUTION CONTROL PROGRAM 74:36
DRAFT A-264 Law Implemented: SDCL 34A-1-6.