U.S. DEPARTMENT OF COMMERCE
                                  National Technical Information Service

                                  PB-290 290
Air Pollution Regulations  in State
Implementation  Plans.- South  Dakota
Abcor Inc, Wilmington, MA  Walden Div
Prepared for

Environmental Protection Agency, Research Triangle Park, NC


Aug 78

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                            PB  290290
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-09V
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
South Dakota
        REPRODUCED BY
        NATIONAL TECHNICAL
        INFORMATION SERVICE

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                                   TECHNICAL REPORT DATA
                            (Please read Instructions on the reverse before completing)
1. REPORT NO.
  EPA-450/3-78-091
                             2.
4. TITLE AND SUBTITLE
 Air Pollution Regulations in State Implementation i
 Plans:  South Dakota
                                                           3. RECIPIENT'S
                                                           5. REPORT DATE

                                                             August 1978
                                                           6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
                                                           8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Walden Division of Abcor,  Inc.
  Wilmington, Mass.
                                                           10. PROGRAM ELEMENT NO.
                                                           11. CONTRACT/GRANT NO.


                                                             68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
                                                           13. TYPE OF REPORT AND PERIOD COVERED
  Control Programs Development Division
  Office of Air Quality  Planning and Standards
  Office of Air, Noise,  and Radiation
  Research Triangle  Park,  NC 27711
                                                           14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
  EPA Project Officer:   Bob Schell, Control Programs  Development Division
16. ABSTRACT
  This document has  been  produced in compliance with  Section 110(h)(l) of  the Clean Air
  Act amendments of  1977.   The Federally enforceable  regulations contained in the State
  Implementation Plans  (SIPs)  have been compiled  for  all  56 States and territories
  (with the exception of  the Northern Mariana  Islands).   They consist of both the
  Federally approved State and/or local air quality regulations as indicated  in the
  Federal Register and  the Federally promulgated  regulations for the State, as
  indicated in the Federal Register. Regulations  which fall into one of the above
  categories as of January 1,  1978, have been  incorporated.  As mandated by Congress,
  this document will be updated annually.  State  and/or local air quality  regulations
  which have not been Federally approved as of January 1, 1978, are not included here;
  omission of these  regulations from this document  in no way affects the ability of
  the respective Federal,  State, or local agencies  to enforce such regulations.
17.
                                KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
                                              b.lDENTIFIERS/OPEN ENDED TERMS
                                                                        c.  COSATl Field/Group
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
18. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
                                              19. SECURITY CLASS (This Report)

                                                Unclassified	
                                                                         21. NO.
                                                                                   ,ES
                                              20. SECURITY CLASS (Thispage)

                                                Unclassified
                                                                         22. PRICE
EPA Form 2220-1 (9-73)

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                                  EPA-450/3-78-091
    Air Pollution Regulations
in  State Implementation  Plans
                South Dakota
                       by

                 Walden Division of Abcor, Inc.
                 Wilmington, Massachusetts
                  Contract No. 68-02-2890
                 EPA Project Officer: Bob Schell
                     Prepared for

             U.S. ENVIRONMENTAL PROTECTION AGENCY
                Office of Air, Noise, and Radiation
             Office of Air Quality Planning and Standards
             Research Triangle Park, North Carolina 27711

                     August 1978

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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890.  The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author  and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
                     Publication No. EPA-450/3-78-091

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                             INTRODUCTION

                                                               »
     This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977.  The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands).  They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register.  Regulations which fall into one of
the above categories as or January 1, 1978, have been incorporated.  As
mandated by Congress, this document will be updated annually.  State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.

     There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations.  The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation.  Federally promulgated parking management
regulations have, therefore, been suspended indefinitely.  Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP.  Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable.  More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects.  Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.

     Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document.  Index listings consist of both contaminant and activity oriented
categories to facilitate usage.  For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15).  Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.

     Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document.  Specifically,
the summary sheets contain the date of submittal to EPA of each revision
                                   in

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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA.  Finally, a brief description
or reference of the regulation which was submitted is also included.

     This document is not intended to provide a tool for determining
the enforceability of any given regulation.  As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations.  Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the'regulation.  Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
                                    IV

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                          SUMMARY SHEET

                               OF

                 EPA-APPROVED REGULATION CHANGES

                          SOUTH DAKOTA
Submittal Date

  4/27/72

   5/2/72

  12/4/72
   Approval  Date

     5/31/72

     7/27/72

      8/5/72
Description

Reg. 1.8.4

Reg. 1.8.4

ALL NEW REGS.
APPROVED:  34:10:01;
34:10:02;
34:10:04;
34:10:06;
34:10:12.
                                                              34:10:03;
                                                              34:10:05;
                                                              34:10:07;
Section Number

52.2176


52.2176
FEDERAL REGULATIONS

       Description
       REGULATION FOR NEW OR MODIFIED INDIRECT
       SOURCES.

       REGULATION FOR PREVENTION OF SIGNIFICANT
       DETERIORATION.

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                         DOCUMENTATION  OF CURRENT EPA-APPROVED
                            STATE AIR POLLUTION REGULATIONS
                            REVISED STANDARD SUBJECT INDEX
 1.0    DEFINITIONS
 2.0    GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
 3.0    REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
 4'.0    AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
       4.1    PARTICULATES
       4.2   SULFUR DIOXIDE
       4.3   NITRIC OXIDES
       4.4   HYDROCARBONS
       4.5   CARBON MONOXIDE
       4.6   OXIDANTS
       4.7   OTHERS
 5.0    VARIANCES
 6.0    COMPLIANCE SCHEDULES
 7.0    EQUIPMENT MALFUNCTION AND MAINTENANCE
 8.0    EMERGENCY EPISODES
 9.0    AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0    NEW SOURCE PERFORMANCE STANDARDS
11.0    NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0    MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0    RECORD KEEPING AND REPORTING
14.0    PUBLIC AVAILABILITY OF DATA
15.0    LEGAL AUTHORITY AND ENFORCEMENT
16.0    HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0    PREVENTION OF SIGNIFICANT DETERIORATION
18.0    AIR QUALITY MAINTENANCE AREA
19.0  - 49.0
       RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0    POLLUTANT - SPECIFIC REGULATIONS
       50.1  PARTICULATES
             50.1,1  PROCESS WEIGHT
             50.1.2  VISIBLE EMISSIONS
             50.1.3  GENERAL
                                          VI

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       50.2   SULFUR COMPOUNDS
       50.3   NITRIC OXIDES
       50.4   HYDROCARBONS
       50.5   CARBON MONOXIDE
       50.6   ODOROUS POLLUTANTS
       50.7   OTHERS (Pb, Hg, etc.)
51.0   SOURCE CATEGORY SPECIFIC REGULATIONS
       51.1   AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
              Rice and Soybean Facilities, Related Topics)
       51.2   COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
              Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
       51.3   CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
              Related to Construction Industry)
       51.4   FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
       51.5   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
              (includes Fuel Content and Other Related Topics)
       51.6   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
              Fuel Content and Other Related Topics)
       51.7   FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
              Fuel Content and Other Related Topics)
       51.8   HOT MIX ASPHALT PLANTS
       51.9   INCINERATION
       51.10  NITRIC ACID PLANTS
       51.11  NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
       51.12  NUCLEAR ENERGY FACILITIES (includes Related Topic)
       51.13  OPEN BURNING (includes Forest Management, Forest Fire, Fire
              Fighting Practice, Agricultural Burning and Related Topics)
       51.14  PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
       51.15  PETROLEUM REFINERIES
       51.16  PETROLEUM STORAGE (includes Loading, Unloading, Handling and
              Related Topics)
       51.17  SECONDARY METAL OPERATIONS  (includes Aluminum, Steel and Related
              Topics)
       51.18  SULFURIC ACID PLANTS
       51.19  SULFURIC RECOVERY OPERATIONS
       51.20  WOOD WASTE BURNERS
       51.21  MISCELLANEOUS TOPICS
                                         VII

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TABLE OF CONTENTS
Revised Standard
Subject Index
- -
(1.0)
(2.0)
(3.0)
(3.0)
(2.0)
(3.0)
(3.0)(5.0)
(15.0)(3.0)
(15.0)(16.0)
(2.0)05.0)
(15.0)06.0)
(16.0)
(16.0)
SOUTH DAKOTA
Section Number
Chapter
34:10:01
34:10:.01:01
34:10:01:03
34:10:01:08
34:10:01:10
34:10:01:16
34:10:01:18
34:10:01:38
34:10:01:39
34:10:01:40
34:10:01:41
34:10:01:42
34:10:01:43
34:10:01:44
REGULATIONS
Title
General Requirements and
Procedures
Definitions
Circumvention
Plans and Specifications to be
Prepared by Competent Persons
Disposition of Approved Plans
and Specifications
Exemptions
Operational Permit Required to
Operate a Source
Right to Intermediate Appeal
to the Board
Notice of Non-Compliance-
Content
Petition for Contested Case
on Alleged Violation
Issuance of an Order and Notice
When the Chairman Has Reason
to Believe a Violation has
Occurred
Intervention in Enforcement
Hearing is Not Allowed
Petition to Initiate a Con-
tested Case
Answer to Petition for a Con-
tested Case Proceedings
Page
1
1
4
6
. 7
8
8
15
15
16
16
16
16
17
           VIII

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Revised Standard
 Subject Index

(16.0)
(3.0)(5.0)(16.0)
(16.0)(2.0)
(15.0)06.0)

(2.0)(15.0)


(2.0)(15.0)

(2.0)(15.0)


(15.0)(5.0)
(2.0)

(4.0)


(4.2)

(4.1)
Section Number

  34:10:01:45


  34:10:01:46




  34:10:01:47


  34:10:01:48


  34:10:01:49

  34:10:01:50

  34:10:01:51


  34:10:01:52

  34:10:01:53


  34:10:01:55
                   Chapter
                     34:10:02
  34:10:02:01

  34:10:02:02


  34:10:02:03

  34:10:02:04
         Title                   Page
Petition to Intervene in
a Contested Case Proceedings       17

Pleadings to be Filed With
the Secretary, and Copies
Mailed to the Hearing Officer
and Parties                        18

Secretary to Issue Notice
of a Contested Case                18

Amendment of Pleadings -
Additional Time                    18

Subpoenas                          19

Means and Proof of Service         19

Board or Chairman may Appoint
a Hearing Officer                  19

Burden of Proof                    19

Decisions of the Board and
Orders Issued by the Chairman      19

Enforcement Action and Permit
or Variance Proceedings May
Be Conducted in Same Hearing       20
Ambient Air Quality Standards
and Pollution Episode Criteria     21

Air Quality Guidelines             21

Ambient Air Quality
Standards                          21

Sulfur Oxide Standards             21

Total Suspended Particu-
lates Standards                    21
                                      IX

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Revised Standard
 Subject Index     Section Number                  jitle             Page
(4.5)                34:10:02:06    Carbon Monoxide Standards          22
(4.6)                34:10:02:07    Photochemical  Oxidant
                                    Standards                          22
(4.3)                34:10:02:08    Hydrocarbon Standards              22
(4.3)                34:10:02:09    Nitrogen Oxide Standards           22
(9.0)                34:10:02:11    Methods of Sampling and
                                    Analysis                           22
(9.0)                34:10:02:12    Method for Sulfur Dioxide
                                    Measurements                       22
(9.0)                34:10:02:13    Method for Total  Suspended
                                    Particulate Measurements           22
(9.0)                34:10:02:14    Method for Continuous Carbon
                                    Monoxide Measurements              23
(9.0)                34:10:02:15    Method for Photochemical
                                    Oxidant Measurements               23
(9.0)                34:10:02:16    Method for Hydrocarbon
                                    Measurements                       23
(9.0)                34:10:02:17    Method for Nitrogen Dioxide
                                    Measurements                       23
(9.0)                34:10:02:18    Method for Coefficient of Haze
                                    Measurements                       23
(4.0)                34:10:02:19    Degradation of Ambient Air
                                    Having a Higher Quality Than
                                    Required by Ambient Air
                                    Quality Standards                  23
(8.0)                34:10:02:22    Pollution Episode Criteria         24
(8.0)                34:10:02:23    Air Pollution  Forecast             24
(8.0)                34:10:02:24    Alert                              24
(8.0)                34:10:02:25    Warning                            24

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Revised Standard
Subject Index
(8.0)
(8.0)
(8.0)
Section Number
34:10:02:26
34:10:02:27
34:10:02:28
Title
Emergency
Termination
Abatement Strategies
Page
25
26

(8.0)
(2.0)



(2.0)(8.0)



(2.0X8.0)


(8.0)



(8.0)


(8.0)


(8.0)
               Emission Reduction                 26

34:10:02:29    Specified Criteria Level
               Caused by Limited Number of
               Sources                            26

34:10:02:30    Person Required to File a
               Preplanned Abatement
               Strategies Plan                    26

34:10:02:31    Preplanned Abatement Strategies
               Plans Requested of any Person      26

34:10:02:32    Preplanned Abatement Strategies
               Plans Content - Submission         27

34:10:02:33    Review and Approval of
               Abatement Strategies Plans -
               Return of Copy                     27

34:10:02:34    Copy of Preplanned Abatement
               Strategies Plans Kept at
               Source                             27

34:10:02:35    Abatement Strategy Plans for
               Generating Facilities              27

34:10:02:36    Abatement Strategy Plans for
               Manufacturing and Processing
               Facilities                         28

34:10:02:37    Action to be Taken During an
               Air Pollution Alert                28

34:10:02:38    Action to be Taken During an
               Air Pollution Warning              28

34:10:02:39    Action to be Taken During an
               Air Pollution Emergengy            29
                                     XI

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Revised Standard
 Subject Index
(50.1.2)

(50.1.2)

(50.1.2)
(51.20)
(51.9)
(51.13)
(51.13)

(51.13)

(51.13)

(51.13)

(51.13)

(51.13)

(51.9)
(51.13)
Section Number
Chapter
  34:10:03
  34:10:03:01

  34:10:03:02

  34:10:03:03
  34:10:03:04

Chapter
  34:10:04
  34:10:04:01
  34:10:04:02
  34:10:04:03

  34:10:04:04

  34:10:04:05

  34:10:04:06

  34:10:04:07

  34:10:04:08

  34:10:04:09
  34:10:04:10
             Title               Page
Control of Visible Emissions       30
Restrictions on Visible
Emissions                          30
Brief Emissions in Excess of
Restrictions Permitted             30
Exceptions to Restrictions         30
Exceptions Granted to Wood
Waste Burners                      30
          	                    31
Refuse Burning Restrictions        31
Permissible Open Burning           31
Fires for Training of Fire
Fighting Personnel Permitted       31
Fires for the Elimination
of a Fire Hazard Permitted         31
Fire Removal of Hazardous
Material Permitted                 32
Campfires and Other Recrea-
tional Fires Permitted             32
Fires Used in Management
of Forests and Games
Permitted                          32
Open Burning for Land Clear-
ing and Disposal of Trees
Under Certain Conditions           32
Refuse Burning in Rural Areas      33
Burning of Spilled Hydro-
carbons                            33
                                    XII

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Revised Standard
 Subject Index     Section Number
                          Title
Page
(51.13)
(51.13)
- -
(9.0)
(9.0)
- -
(51.9)
(51.5)
(51.5)
(50.1.1)
(50.1.1)
(50.1.1)
(2.0)
(50.1.1)

34:10:04:11
34:10:04:12
Chapter
34:10:05
34:10:05:01
34:10:05:02
Chapter
34:10:06
34:10:06:01
34:10:06:05
34:10:06:06
34:10:06:07
34:10:06:08
34:10:06:09
34:10:06:10
34:10:06:11
Chapter
34:10:07
Burning of Wasted Hydro-
carbons
Burning of Demolition Debris
Sampling and Testing Methods
Emission Standards Testing by
Approved Methods Only
Emission Standard Testing
Requested by the Secretary
Control of Parti cul ate
Emissions
Emission Restrictions for
Incinerators
Emission Restrictions for
Fuel Burning Equipment
Heat Input Values of Fuel
Burning Units
Emission from Process
Industries
Interpolation for Process
Weight Rates Not Given in
Section 34:10:06:07
Process Weight
Most Stringent Interpreta-
tion Applicable
Total Process Weight for
Multiple Unit Processes
Control of Sulfur Compounds
34
34
35
35
35
36
36
36
36
36
37
37
38
38

(51.6)
               Emissions

34:10:07:01    Applicability of Sulfur
               Dioxide Emission Standards
               From Fuel Combination
                                                                        39
                                                                        39
                                    XIII

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Revised Standard
Subject Index
(1.0)
(51.6)
- -
(10.0)
O.o)
(13.0)
(9.0)00.0)
(9.0)00.0)
(9.0)00.0)
(9.0)(10.0)
(9.0)00.0)
(9.0)00.0)
(7.0)(10.0)
(2.0)
(51.5)(51.6)
Section Number
34:10:07:02
34:10:07:03
Chapter
34:10:12
34:10:12:01
34:10:12:02
34:10:12:03
34:10:12:04
34:10:12:05
34:10:12:06
34:10:12:07
34:10:12:08
34:10:12:09
34:10:12:10
34:10:12:11
34:10:12:12
Title
Definitions of Fuel Burning
Installation
Control Applicable to Fuel
Burning Installations
New Source Standards
Applicability
Definitions
Notification and Record
Keeping
Initial Performance Tests
for New Sources
Manner on Which Performance
Tests Shall be Conducted
Conditions for Performance
Tests
Notice of Performance Test
to the Department
Operator Shall Provide
Facilities
Test Shall be Based on
Average Performance Tests Run
Compliance With Standards -
Maintenance Requirements
Circumvention
Applicability and Designation
Page
39
39
40
41
41
46
46
46
47
47
47
48
48
48

(51.5)
               of Fossil Fuel Fire Steam
               Generators                         49

34:10:12:13    Standard for Particulate
               Matter for Fossil Fuel Fired
               Generators                         49
                                     XIV

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Revised Standard
 Subject Index     Section Number          Title                    Page

(51.6)             34:10:12:14     Standard for Sulfur Dioxide
                                   for Fossil Fuel Fired
                                   Generators                        49

(51.6)             34:10:12:15     Determination of Sulfur Dioxide
                                   Standard for Fossil Fuels
                                   Burned Simultaneously in
                                   Combination - Formula             50

(51.6)             34:10:12:16     Basis of Compliance with
                                   Sulfur Dioxide Standards for
                                   Fossil Fuel Fired Generators      50

(51.6)             34:10:12:17     Emission and Fuel Monitoring
                                   for Fossil Fuel Fired
                                   Generators                        50

(9.0)              34:10:12:18     Capability of Instruments
                                   and Sampling Systems              50

(51.6)             34:10:12:19     Sulfur Content of Solid Fuels
                                   Sampling Methods for Fossil
                                   Fuel Generators                   51

(51.6)             34:10:12:20     Sulfur Content of Liquid
                                   Fuels for Fossil Fuel Fired
                                   Generators                        51

(9.0)(13.0)        34:10:12:21     Measurement for Fuel Burning
                                   Rate Daily - Heating Value and
                                   Ash Content Weekly - Electrical
                                   Output Daily - Recording          51

(1.0)              34:10:12:22     Periods of Excess Emissions
                                   Defined                           51

(51.5)(51.6)       34:10:12:23     Test Methods and Procedures
    (51.7)                         for Fossil Fuel Fired
                                   Generators                        52

(51.9)             34:10:12:24     Applicability and Designation
                                   of Incinerators                   52

(51.9)             34:10:12:25     Standard for Particulate
                                   Matter for Incinerators           52
                                XV

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Revised Standard
Subject Index
(51.9)
(51.9)
(51.3)
(51.2)
(51.2)
(50.1.2)(51.2)
(2.0)
(51.3)
(9.0)
(51.10)
(51.10)
(13.0)
(51.18)
(51.18)
(51.18)
(51.18)
Section Number
34:10:12:26
34:10:12:27
34:10:12:28
34:10:12:29
34:10:12:30
34:10:12:31
34:10:12:32
34:10:12:33
34:10:12:34
34:10:12:35
34:10:12:36
34:10:12:37
34:10:12:38
34:10:12:39
34:10:12:40
34:10:12:41
Title
Monitoring Operations for
Incinerators
Test Methods and Procedures
for Incinerators
Applicability and Designation
of Portland Cement Plants
Particulate Matter Standards -
Kilns
Particulate Matter Standards -
Clinker Cooler
Opacity Standards for Kilns
and Clinker Cooler
Exemption from Uncombined
Water
Monitoring of Operations for
Portland Cement Plants
Test Methods and Procedures
Applicability and Designation
of Nitric Acid Plants
Standard for Nitric Acid Plants
Daily Record of Production Rate
and Hours
Applicability and Designation
of Sulfuric Acid Plants
Standard for Sulfur Dioxide
for Sulfuric Acid Plants
Standard for Acid Mist for
Sulfuric Acid Plants
Emission Monitoring for
Sulfuric Acid Plants
Page
52
52
52
53
53
53
53
53
54
54
54
54
54
54
54
55
                                   XVI

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Revised Standard
 Subjuct Index     Section Number                Title              Page

(13.0)             34:10:12:42     Daily Record of Production
                                   Rate and Hours                    55

(51.18)            34:10:12:43     Excessive Emissions Defined       55

(9.0)(51.18)       34:10:12:44     Test Methods and Procedures
                                   for Sulfuric Acid Plants          55

(51.8)             34:10:12:45     Applicability and Designation
                                   of Asphalt Concrete Plants        55

(51.8)             34:10:12:46     Standard for Particulate Matter
                                   for Asphalt Concrete Plants       56

(51.8)             34:10:12:47     Test Methods and Procedures
                                   for Asphalt Concrete Plants       56

(51.15)            34:10:12:48     Applicability and Designation
                                   of Petroleum Refineries           56

(51.15)            34:10:12:49     Standard for Particulate Matter
                                   for Petroleum Refineries          56

(51.5)             34:10:12:50     Standards for Particulate Matter
                                   for Auxiliary Fossil Fuel in
                                   Fluid Catalytic Cracking - Waste
                                   Heat Boiler                       57

(51.15             34:10:12:51     Standard for Carbon Monoxide
                                   for Petroleum Refineries          57

(51.15)      .      34:10:12:52     Standard for Sulfur Dioxide
                                   for Petroleum Refineries          57

(6.0)              34:10:12:53     Alternative Treatment of Gases    57

(9.0)(51.15)       34:10:12:54     Emission Monitoring for
                                   Petroleum Refineries              57

(9.0)              34:10:12:55     Instruments and Sampling
                                   Systems to Meet Department
                                   Specifications                    58

(13.0)(51.15)      34:10:12:56     Daily Record of Average Coke
                                   Burn-Off Rate and Hours of
                                   Operation of Petroleum
                                   Refineries                        58
                                    XVII

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Revised Standard
 Subject Index     Section Number            Title                  Page

(51.9)             34:10:12:57     Daily Record of Rate of
                                   Combustion for Fossil Fuels
                                   and Hours of Operation at
                                   Times Fossil Fuels are
                                   Combusted                         59

(50.0)             34:10:12:58     Excessive Emissions Defined       59

(9.0)((51.15)      34:10:12:59     Test Methods and Procedures
                                   for Petroleum Refineries          60

(51.16)            34:10:12:60     Applicability and Designation of
                                   Storage Vessels for Petroleum
                                   Liquids                           60

(15.16)            34:10:12:61     Standards for Hydrocarbons for
                                   Storage Vessels for Petroleum
                                   Liquids                           60

(9.0)(51.16)       34:10:12:62     Monitoring of Operations for
                                   Storage Vessels for Petroleum
                                   Liquids                           60

(13.0)(51.16)      34:10:12:63     Record of Average Monthly
                                   Temperature and True Vapor
                                   Pressure                          60

(1.0)              34:10:12:64     Average Monthly Temperature
                                   Defined                           61

(2.0)              34:10:12:65     Determination of True Vapor
                                   Pressure                          61

(51.11)            34:10:12:66     Applicability and Designation
                                   of Secondary Lead Smelters        61

(51.4)             34:10:12:67     Standard for Particulate Matter
                                   for Blast and Reverberatory
                                   Furnaces                          61

(50.1.2)(51.4)     34:10:12:68     Opacity Standards for Pot
                                   Furnaces                          62

(2.0)              34:10:12:69     No Violation for Uncombined Water 62
                                    XVIII

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Revised Standard
 Subject Index     Section Number               Title               Page

(51.11)            34:10:12:70     Test Methods and Procedures
                                   for Secondary Lead Smelters       62

(51.4)             34:10:12:71     Applicability and Designation
                                   of Secondary Brass and Bronze
                                   Ingot Production Plants           62

(51.4)             34:10:12:72     Standard for Particuate Matter
                                   for Reverberatory Furnace         62

(50.1.2)(51.4)     34:10:12:73     Opacity Standards for Blast
                                   and Electric Furnaces             63

(2.0)              34:10:12:74     No Violation for Uncombined
                                   Steam                             63

(9.0)(51.4)        34:10:12:75     Test Methods and Procedures
                                   for Secondary Brass and Bronze
                                   Ingot Production Plants           63

(51.4)             34:10:12:76     Applicability and Designation
                                   of Iron and Steel Plants          63

(51.4)             34:10:12:77     Standard for Particulate Matter
                                   for Iron and Steel Plants         63

(9.0)(51.4)        34:10:12:78     Test Methods and Procedures for
                                   Iron and Steel Plants             63

(51.9)             34:10:12:79     Applicability and Designation
                                   of Sewage Treatment Plants        64

(51.9)             34:10:12:80     Standard for Particulate Matter
                                   for Sewage Treatment Plants       64

(9.0K51.9)        34:10:12:81     Monitoring of Operation's for
                                   Sewage Treatment Plants           64

(9.0)(51.9)        34:10:12:82     Test Methods and Procedures
                                   for Sewage Treatment Plants       64
                                      XIX

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                Federally Promulgated Regulations

Revised Standard
 Subject Index     Section Number            Title                  Page

(10.0)             52.2176         Review of New or Modified
                                   Indirect Sources                  65

(17.0)             52.2178         Prevention of Significant
                                   Deterioration                     75
                                XX

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                                        ARTICLE 34:10
                                    AIR POLLUTION CONTROL

                                      CHAPTER  34:10:01
                             GENERAL REQUIREMENTS AND PROCEDURES

(1.0)     34:10:01:01.   Definitions.   Terms  as  used in this  article,  unless  the
                       context otherwise require, mean:

              (1)   "Act,"  Chapter 34-16A of South Dakota Compiled  Laws;

              (2)   "Air pollutant,"  an  air  contaminant as defined  by 34-16A-2M)
                   of the act;


              (3)   "Ambient air," that  portion of the atmosphere, external to buildings,
                   to which the general  public has access;

              (4)   "Ambient air quality  standards," standards established with an
                   adequate margin of safety to protect the public health and welfare
                   from  known  or  anticipated adverse effects of a pollutant;

              (5)   "ASTM," the American  Society for Testing and Materials!;

              (6)   "Board," the South Dakota board of environmental protection;

              (7)   "Chairman," chairman  of  the board;

              (8)   "Control equipment," any  device or contrivance which prevents
                   or reduces  emissions;

              (9)   "Department,"  the South  Dakota department of environmental protection;

             (10)   "Equivalent method,"  any methods of sampling and analysis for
                   an air  pollutant which have been demonstrated to the department's satis-
                   faction to  have a consistent and quantitatively known relationship
                   to the  reference method  under  specified  conditions:

             (11)   "Existing source," any source  other than a new  source;

             (12)   "Fuel burning  equipment," any  furnace, boiler,  apparatus, stack,
                   or appurtenances  thereto used  in the process of burning  fuel or
                   other combustible material  for the primary purposes of producing heat
                   or power by indirect heat transfer;

             (13)   "Fugitive dust,"  solid airborne particulate matter emitted from any
                   source  other than throuoh a stack;

             (14)   "Garbage,"  putrescible animal  and  vegetable wastes resulting from
                   the  handling,  preparation,  cooking and consumption of food, in-
                   cluding wastes from  markets, storage facilities, handling and sale
                   of produce  and other food products;
                                                -1-

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(15)   "Heat input,"  the aggregate heat content  of  all  fuels whose  pro-
      ducts of combustion pass  through a  stack  or  stacks.  The  heat
      input value to be used shall  be the equipment manufacturer's or
      designer's guaranteed maximum input,  whichever  is  greater;

(16)   "Incinerator," any furnace used in  the  process  of  burning
      solid waste for the purpose of reducing the  volume of the waste
      by removing combustible material;

(17)   "Installation," any property, real  or personal,  including but  not
      limited to processing equipment, manufacturing  equipment, fuel-
      burning equipment, incinerators, or any other equipment,  facility
      or construction, which is likely to create or cause  emissions;

(18)   "Modification," any physical  change in, or change  in the  method
      of operation of, any source which increases  the amount  of air
      pollutant (to  which a standard applies) emitted by such source
      which results  in the emission of any air  pollutant (to  which
      a standard applies), not  previously emitted, except  that  routine
      maintenance, repair and replacement at  the source, or installation
      of air pollution control  devices or methods  shall  be considered
      physical changes, nor shall an increase in the  production rate, if
      such increase  does not exceed operating design  capacity of the
      source, nor shall the use of an alternative  fuel or  raw material
      if, prior to the date the standard  under  this article becomes
      applicable to  such source, the source is  designed  to accommodate
      such alternative use;

(19)   "Multiple chamber incinerator," any article, machine, equipment,
       contrivance,  structure,  or part of a structure used to dispose
      of combustible refuse by  burning, consisting of three or  more
      refractory lined combustion furnaces  in series  physically sep-
      arated by refractory walls, interconnected by gas  passage ports
      or ducts, and  employing adequate parameters  necessary for maximum
      combustion of  the materials to be burned;

(20)   "New source,"  a source which is subject to the  provisions of
      Chapter 34:10:12;

(21)   "Opacity," the degree to  which emissions  reduce the  transmission
      of a light source;

(22)   "Open burning," 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 stack, duct,
      or chimney;

(23)   "Organized disposal system," any available system  Of collection
      or disposal of solid waste offered  under  ccunty, municipal,  or
      any other public solid waste management system  or  required under
      local ordinance;
                                    -2-

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(24)   "Particulate matter,"  any  material,  except water  in uncombined
      form,  that is or has  been  airborne and  exists as  a liquid or a
      solid  at standard conditions;

(25)   "Permit,"  a license  for the  construction or operation of a source
      in compliance with the act which  has been granted by the board;

(26)   "Person,"  any 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;

(27)   "Premises," a piece  of land, real estate, or building where a
      source is  located;

(28)   "Process weight," the  total  weight of all materials introduced
      into any specific emitting process which may cause emissions.
      Solid  fuels charged  will be  considered  as part  of the process
      weight,  but liquid and gaseous fuels and combustion air will not;

(29)   "Process weight rate," the rate established as  follows:

      (a) For continuous  or long-run steady-state operations, the
          total process weight  for  the entire period of continuous
          operation, or for a typical  portion thereof, divided by
          the number of hours of  such  period or portion thereof; or

      (b) For cyclical or batch operation, the total process weight
          for a period that covers  a complete operation or an integral
          number of cycles, divided by the  hours of actual process
          operation during  such a period.

      Where  the  nature of  any process or operation or the design of any
      equipment  is such as  to permit more  than one interpretation of this
      definition, the interpretation that  results in  the minimum value
      for allowable emission shall apply,

(30)   "Ringelmann chart,"  the chart  published and described in the
      United States Bureau of Mines  Information Circular 8333*;

(31)   "Rubbish," nonputrescible  solid wastes  consisting of both combustible
      and noncombustible wastes.  Combustible rubbish includes paper,
      rags,  cartons, wood,  furniture, rubber, plastics, yard trimmings,
      leaves,  and similar  materials. Npncombustible  rubbish includes
      glass, crockery, cans, dust, metal.furniture ana  Tike materials
      which  will not burn  in an  incinerator capable of  reaching temper-
      atures of 1,600°F to 1,800°F;

(32)   "Salvage operation,"  any operation conducted in whole or in part
      for the salvaging or reclaiming of produce or material;
                                   -3-

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(2.0)
(3.0)
    (33)  "Secretary," the secretary of the South Dakota department of
          environmental  protection;

    (34)  "Smoke," small gasborne particles resulting from incomplete com-
          bustion, consisting predominantly, but not exclusively,  of carbon,
          ash and other combustible material, that form a visible  plume in
          the air;

    (35)  "Soiling index," a measure of the soiling properties of  suspended
          particles in air determined by drawing a measured volume of air
          through a known area of Whatman number four filter paper for a
          measured period of time, expressed as Coefficient of Haze (COH)/1000
          linear feet, or equivalent;

    (36)  "Source," any property, real  or personal, which emits or is likely
          to emit any air pollutant from a stack for which standards exist
          under these rules;

    (37)  "Variance," a license to operate a source that is not in compliance
          with certain portions of the act.

          Note 1 Methods or specifications referenced to in this article are
          available by writing, American Society for Testing and Materials,
          1916 Race Street, Philadelphia, Pennsylvania, as published,
          October 2s, 1971, at a cost of $1.75 each.

          2 Ringelmann Smoke Chart, Bureau of Mines Information Circular 8333
          is available at the U.S. Bureau of Mines, Technical  Publications
          Section, 4800 Forbes Avenue,  Pittsburgh, Pennsylvania 15213, at
          no cost.

     General Authority:   SDCL 34-16A-12,  Law Implemented:  SDCL 34-16A-12.

34:10:01:02.  Repealed.

34:10:01:03.  Circumvention.  No person shall install or cause the installation
              or use or any device or any means which, without reducing the
              total amount of air pollutants emitted, conceals or  dilutes an
              emission of air pollutants which would otherwise violate applicable
              rules under the act.

     General Authority:   SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

34:10:01:03.01.  Construction permit required to install proposed  source.
                 No person shall construct, install, or modify any equipment
                 or device likely to cause the emission of air pollutants
                 into the ambient air,  or any control apparatus which prevents
                 or controls the emission of air pollutants into the ambient
                 air until a construction permit has been issued.

     General Authority:   SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-27.
                                                -4-

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       34:10:01:04.   Repealed.

(3.0)   34:10:01:04.01.   Application  for  construction  permit.  Any person desiring to
                        obtain  a  construction  permit  for a  proposed source shall
                        submit  a  signed  application in  a form prescribed by the de-
                        partment.  Such  form shall include  provisions for the follow-
                        ing  information:

                        (1)   Name and  mailing  address of the person for which an
                             application is made:

                        (2)   The  address of the  source  to be constructed; installed
                             or modified;

                        (3)   Nature  of the process or activity  associated with the
                             proposed  source;

                        (4)   The  projected amount and kind  of material that may affect
                             the  amount  or quality of emissions from the proposed source;

                        (5)   Expected  composition of  the effluent stream, including  the
                             emission  rate, concentration,  volume and temperature, both
                             with and  without  any proposed  pollution control devices
                             installed,  unless any such information is clearly not
                             applicable  to review purposes;

                        (6)   Expected  physical characteristics  of particulate matter
                             which would likely  be emitted  both with and without  in-
                             stalled pollution control  devices;

                        (7)   A  description of  the type  of source associated equipment
                             other than  pollution control equipment, which may sig-
                             nificantly  affect the amount or kind of pollutants pro-
                             duced by  the source, and such  description shall include
                             the  name  of the manufacturer of the equipment, the
                             equipment age, the  model,  and  a description of the equip-
                             ment operating principles;

                        (8)   A  description of  any air pollution control equipment
                             planned for the proposed source;  including an explanation
                             of its  operational  principles, the name of the manufacturer
                             and  model,  the design or rated efficiency of the device,
                             and  the age of the  equipment;

                        (9)   If the  pollution  control system on a source  includes a
                             wet  scrubber, the flow rate of water used by the scrubber,
                             the  type  of treatment for  the  water used by  the wet  scrub-
                             ber, a  statement  of whether water  used is to be recycled,
                             the  proposed detention time in any settling  ponds, and
                             the  location of any discharge  from the premises:

                       (10)   Type and  amounts  of fuel to be used in source operation
                             which may affect  emissions;
                                               -5-

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                       (11)  Two copies of any prepared plans and specifications of
                             any equipment or other facilities which may affect the
                             source, including pollution control devices;

                       (12)  Location and elevation of the emission point and other
                             factors relating to dispersion a.nd diffusion of pollutants
                             in the ambient air, and the relation of the emission point
                             to nearby structures, window  openings, and other informa-
                             tion necessary to appraise the immediate effect of emitted
                             pollutants:

                       (13)  A preplanned abatement strategies plan, if required by
                             34:10:02:32, and

                       (14)  Any other information requested within forty-five days
                             by the department which is relevant to ascertaining
                             source compliance with the act.

            General Authority:   SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-19 and
                                                 34-ISA-27.

            Commission Note:  The substance of this section has been transferred from
            34:10:01:04.

       34:10:01:05.  Repealed.
       34:10:01:06.  Repealed.
       34:10:01:07.  Repealed.

 (3 0)  34:10:01:08.  Plans and  specifications to be prepared by competent persons.
                     Plans and  specifications which do  not fall  under the exceptions
                     listed in  SDCL 34-18-7 shall  be prepared by or under the direction
                     of a person properly qualified under the South Dakota Laws
                     pertaining to the  registration and certification of engineers,
                     architects and land surveyors.  The proper seal of registration
                     shall be imprinted on all  such plans and specifications.

            General Authority:   SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-26 and
                                                 34-16A-27.

(3.0)   34:10:01:08.01.  Time period for department recommendations  on an application.
                       The department  shall  make  a decision to recommend issuance
                       or denial  of a  construction permit to an applicant within
                        forty-five days after submission of a completed application
                       and all  other additional  information necessary for the de-
                       partment to make an  informed decision.   Failure of the
                       department to make a  decision on an application shall  entitle
                       the applicant to petition  and obtain a contested case on  the
                       application without waiting for a department recommendation.

            General Authority:   SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-27.

            Commission  Note:  The  substance of  this section has  been transferred  from
            34:10:01:11.
                                              -6-

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(3.0)    34:10:01:08:02,   Standard  for  issuance of a  construction permit.  A construction
                         permit  shall  be  issued only when  it has been shown that the
                         operation of  the new source will  not prevent or interfere with
                         attainment or maintenance of any  applicable ambient air quality
                         standard  and  the source will comply with emission limitations
                         and other requirements of the  act.  Such permit shall include
                         reasonable conditions, including  adherence to plans and
                         specifications,  to  assure compliance with the act and any
                         other conditions justified  under  SDCL 34-16A-26.

             General  Authority:  SDCL  34-16A-12.  Law Implemented:  SDCL 34-16A-27.

(3.0)    34:10:01:08.03.   Procedures for a decision on construction permit applications.
                         The procedures set  forth in sections 34:10:01:22.02 to
                         34:10:01:22.10,  inclusive,  shall  apply  to the decision making
                         process for issuance or denial  of a construction permit.

             General  Authority:  SDCL  34-16A-12.  Law Implemented:  SDCL 34-16A-27.

        34:10:01:09.   Repealed.

 (3.0)   34:10:01:09.01.   Construction  permit does not exempt owner from other require-
                         ments of  the  act.fhe issuance of a construction permit to
                         the operator  or  owner of a  new source shall not affect his
                         responsibility to obtain an operational  permit for  the source
                         and to  comply with  applicable  emission  limitations  or other
                         requirements  under the act.

             General  Authority:  SDCL  34-16A-12.  Law  Implemented:  SDCL 34-16A-27.

             Commission  Note: The substance of this section  has been  transferred  from
             34:10:01:04. .

 (3.0)   34:10:01:10.   Disposition  of approved  plans  and specifications.  One complete
                      set of any plans and specifications, submitted pursuant to
                      34:10:01:04.01 subdivisions  (11)  or  (14),  shall  become the  prop-
                      erty of the  department,  and one  complete  set shall be  returned
                      as directed  by the  applicant  or  his  representative after a  final
                      decision has been made on his  application  for a  permit.  Such
                      sets shall have endorsed  upon  them the  approval  or disapproval
                      of the secretary,  or his  designated  representative.   If additional
                      approved sets are  desired by  the  applicant,  the  desired number
                      shall  be submitted  to the department for  approval  and  return.

             General  Authority:   SDCL 34-16A-12.   Law  Implemented:  SDCL 34-16A-27.

        34:10:01:11.   Repealed.
        34:10:01:12.   Repealed.
        34:10:01:13.   Repealed.

 (3.0)  34:10:01:13.01.   Construction permit expires after two  years  if construction  is
                         not started.  A construction  permit  shall expire  two years
                         after date of issuance  if  construction  is  not commmenced prior
                         to that time.  A new  construction permit must be  obtained by
                         the same  process as the  initial permit  if construction  is  to
                         begin after expiration of  the  original  or existing  permit.

                                               -7-

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              General  Authority:   SDCL  34-16A-12.   Law Implemented:   SDCL  34-16A-27.

         34:10:01:14.   Repealed.

(3.0)    34:10:01:14.01.   Notif1cation  when  construction  begins.   The department shall
                          be notified in  writing when  construction or installation  of a
                          new source shall begin.

              General  Authority:   SDCL  34-16A-12.   Law Implemented:   SDCL  34-16A-19
                                                   and 34-16A-27.

              Commission  Note:   The  substance  of this  section  has  been transferred  from
              34:10:01:14.

(3.0)    34:10:01:14.02.   Construction  permit  amendment required to  change plans and
                          specifications.No  person shall  cause deviation from  the
                          plans and  specifications  approved in a construction  permit
                          which may  cause a  significant change in  the nature,  con-
                          centration, or  amount of  air pollutants  emitted  by the source,
                          unless  an  amendment  to the construction  permit has been
                          obtained.   An amendment to the  permit shall  be obtained in
                          the same manner as the original  permit.

              General  Authority:   SDCL  34-16A-12.   Law Implemented:   SDCL  34-16A-27.

              Commission  Note:   The  substance  of this  section  has  been transferred  from
              34:10:01:12.

         34:10:01:15.   Repealed.

(2.0)    34:10:01:16.   Exemptions.   The following installations are  exempted from the
                       requirements  of  34:10:01:03.01  to  34:10:01:14.02, inclusive:

                       (1)   Incinerators  of  less than  one hundred  pounds per hour
                            burning  capacity;

                       (2)   Any mobile  sources except  asphalt  or cement batch  plants; and

                       (3)   All  sources not  required to obtain an  operational  permit
                            under the act's  requirements.

              General  Authority:   SDCL  34-16A-12.   Law Implemented:   SDCL  34-16A-27.

         34:10:01:17.   Repealed.

(3.0)    34:10:01:18.   Operational permit required  to  operate  a source.  No owner or
                       operator of a  source  shall operate or cause tne operation of
                       a  source unless  excepted, or unless  a permit  or variance  has
                       been  obtained, and.then the  source shall only be operated in
                       accordance with  such  permit  or  variance.

              General  Authority:   SDCL  34-16A-12.   Law Implemented:   SDCL  34-16A-26.
                                               -8-

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        34:10:01:19.  Repealed.

(3.0)    34:10:01:19.01.   Application for an  operational  pennit.   Any  person  desir-
                          ing to obtain an operational  permit  for a  source  shall  submit
                          a  signed application  in a form  prescribed  by the  department.
                          The form shall  include:

                          (1)   In the case of an existing source,  provisions  for  in-
                               formation  as required  by 34:10:01:04.01 except sub-
                               division (11), the results and  dates  of any  stack
                               sampling conducted at  the  source,  and, where required,
                               a preplanned abatement strategy under 34:10:02:32;

                          (2)   In the case of a new source,  provisions for  the  information
                               as required by 34:10:01:04.01 (1)  to  (4)  inclusive, the
                               date  and results of any  stack sampling where required, a
                               preplanned abatement strategy under 34:10:02:32, and a
                               reference to any construction permit  issued  to the
                               source.

              General  Authority: SDCL 34-16A-12.  Law  Implemented:  SDCL 34-16A-19
                                                  and  34-16A-27.

        34:10:01:20.   Repealed.

        34:10:01:21.   Repealed.

(3.0)    34:10:01:21.01.   Conditions for obtaining a  permit.  An  applicant  for  a  permit
                          to operate an existing  source shall  demonstrate that  it is  and
                          will be in compliance with  the  act and  applicable rules.  An
                          applicant  for a permit  to operate  a  new source shall  demon-
                          strate that it will be  in compliance with  the  act and applic-
                          able rules.

              General  Authority:  SDCL 34-16A-12.  Law  Implemented:   SDCL 34-16A-27.

              Commission  Note:  The  substance of  this section  has been transferred from
              34:10:01:21.

(5.0)    34:10:01:21.02.   Application for a variance.  Any  person desiring  to obtain
                          a variance to operate a source  in  noncompliance with  certain
                          provisions of the act and  regulations shall  submit an
                          application in a form prescribed  by  the department.  Such
                          form shall include  the  same provisions  as  required by
                          34:10:01:04.01 except subdivision  (11); the  date  and  results
                          of any stack sampling at the  source; the requirements and
                          time periods for which  a variance  is requested;  and facts
                          relevant to establishing the  burden  of proof required under
                          34:10:01:21.03.

              General  Authority:  SDCL 34-16A-12.  Law Implemented:   SDCL 34-16A-19,
                                                   34-16A-27,  and 34-16A-30.

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(5.0)   34:10:01:21.03.   Conditions  for  obtaining  a  variance.  An applicant for a
                          variance  shaiI.establish  that  the  source's noncomoliance
                          with provisions of the act  and applicable regulations can
                          be justified pursuant to  SDCL  34-16A-35, and the applicant
                          shall establish that the  source will be maintained in com-
                          pliance with any variance which may be granted pursuant to
                          SDCL 34-16A-35.  The above  stated  requirements shall con-
                          stitute a minimum showing for  obtaining a variance, but they
                          shall in  no way be construed as restricting the discretionary
                          power of  the board to deny  a variance to an applicant when
                          other equitable considerations merit denial.

              General Authority:  SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-19,
                                                   34-16A-27, 34-16A-30, 34-16A-34,
                                                   and 34-16A-35.

(3.0)   34:10:01:21.04.   Time period for which a permit is  issued and applications
                          for renewal.  An initial  permit shall be for a period of one
                          to three  years  and all subsequent  permits shall be for a
                          period of three years.  An  application for renewal of a
                          permit or variance may provide the information required under
                          34:10:01:19.01  by reference to an  application form for a
                          previous  permit if appropriate.

              General Authority:  SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-27
                                                   and 34-16A-30.

(5.0)   34:10:01:21.05.   lime limit  on renewal of  variances.  Application for renewal
                          of a variance shall be made two months prior to the expir-
                          ation date  of a previously  granted variance, and in the same
                          manner as the original variance.

              General Authority:  SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-30,
                                                   and 24-16A-39.

(3.0)   34:10:01:21.06.   Time period for recommendation of  department on operational
(5.0)                     permit or variance.  The  department shall make a recommend-
                          ation for issuance or denial of an application for an
                          operational permit or variance subject to the same periods
                          and procedures  as set out in 34:10:01:08.01 for construction
                          permits.

              General Authority:  SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-27,
                                                   34-16A-34, and  34-16A-35.

        34:10:01:22.   Repealed.

(3.0)   34:10:01:22.01.   Operation of  new source  for testing  purposes  prior  to
                          issuance  of permit.  Any new source  regardless  of whether
                          it  is subject  to Chapter 34:10:12  or  not, which has  filed
                          an  application  for an operation permit shall  be allowed
                          to  operate  the  source for up to sixty days  for  purposes

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                         of shakedown and testing of air pollution control devices
                         before a permit is required.  The department shall be no-
                         tified of any  tests or shakedown runs or series of them
                         ahead of time.  Any information acquired which is relevant
                         to the decision on a permit shall be submitted to the
                         department,  to supplement the application for a permit.
                         Where necessary to ascertain compliance of the source, an
                         applicant may  request an extension, in writing, from the
                         chairman, and  the chairman may grant a reasonable extension
                         for  testing  purposes, where the request is justified,
                         after opportunity for the department to respond in writing.

              General  Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19
                                                  and 34-16A-27.

(3.0)     34:10:01:22.02.  Department to  make a recommendation on permit or variance
(5.0)                     applications and  issue a proposed permit.Fhe department,
                         after review of the application and any other information
                         available to it,  shall make a written recommendation to  the
                         board,  including  the reasons upon which it  is based, as  to
                         whether a permit  or variance should be issued or denied.
                         A decision to  recommend to the board that a  permit or
                         variance  should be granted, should  include  a proposed
                         permit  or variance with appropriate conditions in  it to
                         assure  compliance with the act.

              General  Authority:  SDCL 34-16A-12.  Law  Implemented:   SDCL  34-16A-27,
                                                  34-16A-34  and 34-16A-35.

(2.0)     34:10:01:22.03.   Notice  of a  department  recommendation.  The department shall
                         mail a  copy  of its  recommendatTon  on a permit or variance
                          application  to the  applicant  and  board members along with  a
                          copy of the  newspaper  notice  to  be published pursuant  to this
                          section.  The  department  shall  have a  notice of  its  recommend-
                          ation published  once  in  a  legal  newspaper within the  county
                         where the source  is  located.   The notice  shall  include a
                          brief statement  describing  the nature  of,  and  the  reasons  for
                          the recommendation,  a  statement  that a  person must petition
                          the board by a certain  date  (which is  not to be  less  than
                          thirty days  nor greater than  forty days  from publication of
                          the notice)  in order to  contest  the recommendation,  and a
                          statement describing  where  copies of the  recommendation or
                          other information may be obtained.

              General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL  34-16A-27
                                                   34-16A-35 and 1-26-27.

(2.0)     34:10:01:22.04.   Recommendation to become board's decision unless a person
                          petitions to contest it or two board members request review.
                          The recommendation of the department will become tne final
                          decision of the board and any proposed permit or renewal
                          of a. variance .will  be considered as a  permit or variance
                                                -11-

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                          approved by  the  board unless a  petition disputing this
                          recommendation,  or a request for a contested case hearing
                          by  two board members has been received no later than the
                          date  stated  in the notice  under 34:10:01:22.03.

              General Authority:  SDCL  34-16A-12.  Law Implemented:  SDCL 34-16A-27,
                                                  34-16A-35, 34-16A-39, 1-26-27,
                                                  and 1-26-29.

(3.0)     34:10:01:22.05.   The applicant or interested person may petition the board
(16.0)                     for contested case hearing on the department recommendation.
                          The applicant may petition the  board for, and obtain, a
                          contested case hearing  if  he desires to dispute the de-
                          partment's recommendation, and  any other person may
                          petition to  intervene and  request a hearing if he has an
                          interest affected by the department's recommendation.  A
                          petition to  intervene shall be  granted if it disputes the
                          department's recommendation, or another person's petition
                          for a hearing is  granted,  and the petition meets the re-
                          quirements of 34:10:01:45.  No  person shall be allowed to
                          intervene in proceedings of an  application at a later
                          date who fails to petition within the time stated in the
                          notice under 34:10:01:22.03.  The chairman shall review
                          all petitions, and he shall grant intervention to qualified
                          intervenors.

              General Authority:  SDCL  34-16A-12.  Law Implemented:  SDCL 34-16A-27,
                                                  34-16A-35, 34-16A-39, 1-26-27,
                                                  and 1-26-29.

(2.0)     34:10:01:22.06.   Initiation of a  contested  case  when the department re-
(16.0)                     commendation is  contested.  The chairman, if he grants a
                          petition under 34:10:01:22.05,  shall order and set a time
                          and place for a  contested  case  hearing after the time for
                          contesting the department's recommendation has expired
                          and he has acted  on all petitions.  No further pleadings
                          shall be filed unless the  chairman determines that they
                          would clarify and expedite the  proceedings.  Notice of the
                          hearings shall be mailed to all the parties at least fif-
                          teen  days prior  to the  hearing, unless otherwise agreed by
                          all the parties,  but notice need not be published in a
                          newspaper.

              General Authority:  SDCL  34-16A-12.  Law Implemented:  SDCL 34-16A-27,
                                                  34-16A-35, 1-26-16 and 1-26-18.

(2.0)     34:10:01:22.07.   Department initiation of contested case without waiting
(16.0)                     for another  person to initiate  a hearing.  The department
                          may initiate a contested case hearing concerning a permit
                          or  variance  application by filing a petition with the board,
                                               -12-

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                         in lieu of issuing notice under 34:10:01:22.03 and awaiting
                         a person to contest its recommendation under 34:10:01:22.04
                         and 34:10:01:22.05.  The petition shall contain the depart-
                         ment's recommendation on the application and reasons for it.
                         The department shall initiate a contested case whenever it
                         recommends issuance of a variance, except renewals where no
                         complaint has been made to the department concerning the
                         source.  The applicant shall file an answer, and any person
                         desiring to intervene shall petition to intervene within fif-
                         teen days after publication of notice under 34:10:01:22.08.

             General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-27,
                                                  34-16A-35, 34-16A-39, 1-26-27,
                                                  and 1-26-29.

(2.0)    34:10:01:22.08.  Issuance of notice when a contested case is initiated by the
(16.0)                    department.  The chairman shall establish a time, place and
                         date for a contested case hearing after the department has
                         filed  a petition for such a hearing on a variance or permit
                         application.  The order shall allow the secretary time to
                         provide the notice  required by this section.  The secretary
                         shall  mail a copy of the petition and order to the applicant
                         and board members along with a copy of the newspaper notice
                         required by this section.  The secretary shall publish no-
                         tice of the hearing in a legal newspaper at least twenty
                         days prior to the hearing.  The notice shall  include a brief
                         statement of nature, time  and place of the hearing, the
                         position asserted by the department, the time limitation
                         for intervention, and where copies of  the department's pe-
                         tition and order may be obtained.

              General  Authority: SDCL 34-16A-12.  Law  Implemented:  SDCL  34-16A-27,
                                                  34-16A-35,  1-26-16,  1-26-17, and
                                                  1-26-18.

(2.0)     34:10:01:22.09.  Board  authority to  review  on  own  initiative.   Whenever two  or
                         more board membersrequest a review or  a permit or variance
                         renewal application for which the department  has recommended
                         approval,  notice of a  contested  case  hearing  shall  be  issued
                         to the applicant after the time  period in which  a  person  is
                         to petition  under  34:10:01:22.03  and  the applicant and de-
                         partment  shall  present their  case(s)  to  the  board  at  the
                         hearing.

              General  Authority: SDCL  34-16A-12.   Law  Implemented:   SDCL  34-16A-27
                                                   and  34-16A-34.

(3.0)     34:10:01:22.10.   Content of a  permit.   A  permit  or variance  shall be signed
                          by the chairman  and shall  include:

                          (1)   Name  of the  person,  company, political  subdivision,
                               agency or institution granted a permit or variance;
                                               -13-

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                              (2)   Type  of operation;
                              (3)   Plant and mailing address;
                              (4)   Date  permit was granted and on which  it will expire;
                              (5)   A  number for administrative reference;
                              (6)   A  designated person or officer responsible for the
                                   source's operation; and
                              (7)   A  statement granting a permit or variance by the board,
                                   and any reasonable conditions that the board may impose
                                   to insure compliance with the act.
              General Authority:   SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-27
                                                  and 34-16A-35.
         34:10:01:23.   Repealed.
         34:10:01:24.   Repealed.
         34:10:01:25.   Repealed.
         34:10:01:26.   Repealed.
         34:10:01:27.   Repealed.
         34:10:01:28.   Repealed.
(3.0)     34:10:01:28.01   Exemptions from operational permits.  A permit  or a variance
                         for the operation of a source shall be required for all sources
                         except when  the source is:
                         (1) .  A mobile internal combustion engine, including but not
                              limited to autos, trucks, tractors, airplanes, locomotives
                              and  boats;
                         (2)   Laboratory equipment used exclusively for chemical or
                              physical analysis;
                         (3)   A device or apparatus fueled by natural gas which is used
                              exclusively for space heating;
                         (4)   Any  device or apparatus which has a heat input capability
                              of not  more than three million, five hundred thousand
                              BTU  per hour;
                         (5)   An air  conditioning or ventilating system  not designed to
                              remove  air pollutants from equipment;
                         (6)   A diesel powered emergency electrical generator;

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 3.0
 5.0
(15.0)
(3.0)
                (7)  Any other sources constructed for domestic purposes  and
                     not intended for use by an industry,  manufacturer,  bus-
                     iness or the general public;  and

                (8)  Incinerators with a rated burning capacity of one hundred
                     pounds per hour or less.

     General Authority:   SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-27.

34:10:01:29.  Repealed.

34:10:01:30.  Repealed.

34:10:01:31.  Repealed.

34:10:01:32.  Repealed.

34:10:01:33.  Repealed.

34:10:01:34.  Repealed.

34:10:01:35.  Repealed.

34:10:01:36.  Repealed.

34:10:01:37.  Repealed.

34:10:01:38.  Right to intermediate appeal to the  board.   A permit or variance
              applicant adversely affected by a decision  of the department or
              board chairman, prior to issuance of the department recommendation,
              in the permit or variance application process, or any other person
              adversely affected by a department decision under the act,  shall
              have the right to be heard by the board if  that person petitions
              the board for a contested case hearing within fifteen days  after
              notification of that decision.  The  board shall hold such hearing
              and either  affirm, reverse or modify the decision appealed from.

     General Authority:   SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-27,
                                          34-16A-29, and  34-16A-35.

34:10:01:39.  Notice of non-compliance - Content.   If the department determines
              that the operation of any source is  not in  compliance with rules
              or statutory requirements, the department shall issue a notice of
              such findings to the permit holder or operator of the source,
              and the notice shall contain citations to the rules or statutes
              violated,  reference to this section, and alleged facts upon
              which the determination is based.  The department shall offer
              the alleged violator an opportunity  for a conference or consul-
              tation within thirty days.  Subsequent to such a conference,
              the secretary, with the concurrence  of the  alleged violator, may
              issue an agreed order which sets out the date for final compliance
              of the source, and increments of progress to be met in achieving
              this compliance.  Agreed orders issued under this section must
                                               -15-

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                       be submitted to the board for approval.
(15.0)
(16.0)
     General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-49,
                                          34-16A-53,  34-16A-61,  and 1-26-20.

34:10:01:40.   Petition for contested case on an alleged violation.   In lieu
              of, or after issuance of a  notice of violation under 34:10:01:39,
              the department may file a petition with the chairman which shall
              contain the information required under  SDCL 34-16A-52 and
              34:10:01:43.  The petition  shall contain either a  request for  an
              order directing appropriate corrective  action o*" that a contested
              case hearing be scheduled and an alleged violator  be ordered to
              show cause why corrective action should not be required.

     General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-53,
                                          and 34-16A-55.
(2.0)
(15.0)
34:10:01:41.
Issuance of an order and notice when the chairman has reason to
believe a violation has occurred.The chairman shall either
issue an order for corrective action which contains a statement
that such order shall become final  unless the alleged violator
requests a hearing no later than fifteen days after receipt
of the order, or he shall commence  a contested case on the
alleged violation and issue an order to show cause why corrective
action should not be ordered at that time, when he has reason
to believe that a violation has occurred from a reading of
the department's petition for enforcement action.  Any request
for a contested case hearing by the alleged violator shall
fairly answer the allegations set out in the department's
petition, as required by 34:10:01:44.  A copy of the department's
petition and the chairman's order shall be sent to the alleged
violator.
               General Authority:  SDCL  34-16A-12.
                                          Law Implemented:  SDCL 34-16A-27,
                                          34-16A-49, 34-16A-53 to 34-16A-55,
                                          inclusive.
(15.0)
(16.0)
34:10:01:42.
Intervention in enforcement hearings if not allowed.  No. person
may intervene in a contested case hearing which is an enforce-
ment action against an alleged violator and a newspaper notice
need not be published.
               General Authority:  SDCL  34-16A-12.
                                          Law Implemented:  SDCL 34-16A-27,
                                          34-16A-49, 34-16A-53 to 34-16A-55,
                                          inclusive.
(16.0)    34:10:01:43.
              Petition to initiate a contested case.  In order for the depart-
              ment or any interested person to initiate a contested case pro-
              ceeding, a written petition shall be filed with the secretary.
              Such petition shall request a hearing before the board and con-
              tain a statement of the petitioner's interest.in the case, a
              statement of the relief and decision requested of  the board,
                                               -16.-,

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                       a statement alleging relevant facts  and  issues  known  to  the
                       petitioner upon which he bases his  request of the board,  state-
                       ment of the legal  authority and jurisdiction  under which
                       the hearing would  be held,  a reference to  the particular  stat-
                       utes and rules involved, and the signature of the petitioner
                       or the petitioner's  attorney or any  other  person  who  will
                       represent the petitioner before the  board  and his address.
                       The signature on a petition, or any  other  pleading, shall
                       constitute a certificate by the signer that he  has read  the
                       petition or pleading, that  to the best of  his knowledge,  in-
                       formation, and belief that  there are good  grounds to  support
                       it and it is not filed for  purposes  of delay.
              General  Authority:   SDCL 34-16A-12.
                            Law Implemented:   SDCL 34-16A-27,
                            34-16A-35, 34-16A-50, 34-16A-53
                            to 34-16A-55, inclusive, 1-26-27
                            1-26-29.
(16.0)    34:10:01:44.
Answer to petition for a contested case.  Within fifteen days
after receipt of a petition and notice for a contested case,
other parties shall mail a written answer to the secretary, and
to any other parties, fairly answering the allegations in the
petition, asserting any other relevant factors supporting its
position and the desired decision of the board.  An extension
of this time period may be granted after submission of a
written request to the board chairman showing good cause
and after opportunity for other parties to make written response.
A decision whether to extend the time period shall be at the
discretion of the chairman and such decision shall not be
appealable to the board.  Failure to answer an allegation in a
petition shall constitute an admission of that fact.  Further
pleadings by parties in response to an answer shall not be
made unless the chairman orders them for purposes of clarifi-
cation of the issues involved in the contested case and no
admissions shall be construed from lack of such response.
              General  Authority:   SDCL 34-16A-12.
                            Law Implemented:   SDCL 34-16A-27,
                            34-16A-35, 34-16A-50, 34-16A-53
                            to 34-16A-55, inclusive, 1-26-27
                            and 1-26-29.
(16.0)   34:10:01:45  Petition to intervene in a contested case proceedings.   Any per-
                      son who desires to intervene in a contested case proceeding on
                      a permit or variance application shall  file a petition  that sub-
                      stantially conforms with the requirements of SDCL 21-10A-2 and
                      sections 34:1U:U1:43 or 34:lU:Ul:44, and includes a statement of
                      whether the petitioner desires to support or contest the depart-
                      ment's petition, or department recommendation on a permit or
                      variance application, filed with the board.  A petition to in-
                      tervene shall  be granted and the intervenor allowed to  partici-
                      pate when his  interest may not he adequately renresented hy
                      other parties.  A petition to intervene shall be mailed to the
                      secretary, board members and other parties of record.
                      Pleadings in response to
                                               -1.7-

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                      an  intervenor's petition shall not be made unless the chairman
                      on  his own motion orders such for the purpose of clarification
                      of  issues involved in the contested case.  Unless a response is
                      allowed  no inferences shall be drawn from lack of response to
                      an  intervenor's petition.
              General Authority:  SDCL  34-16A-12.
                                          Law Implemented:   SDCL  34-16A-27,
                                          34-16A-35,  34-16A-50, 34-16A-53
                                          to 34-16A-55,  inclusive,  1-26-27
                                          and 1-26-29.
(3.0)
(5.0)
(16.0)
34:10:01:46.   P1oaHing«; t.n be filed with thp secretary,  and copies mailed tc
              the hearing officer and parties.   The original  uf any petition,
              motion or other pleading shall be filed with the secretary, and
              he shall  establish and maintain a file or  depository for it,
              all notices, petitions, pleadings, evidence, transcripts,  or
              other materials received in a contested case.  Copies of any
              such pleadings shall be mailed to the board members or hearing
              officer,  where applicable, and other parties of record by the
              pleader.   The department, the applicant for any permit or
              variance, an intervenor and any person issued an enforcement
              order or order to show cause shall be considered a party.
              General  Authority:
                         SDCL 34-16A-12.  Law Implemented:   SDCL 1-26-21  and
                                          1-26-22.
(16.0)
(2.0)
34:10:01:47.  Secretary to issue notice of a contested case.  The secretary
              shall prepare a notice, which is in compliance with SDCL 1-26-17
              and mail it to parties of record.  The mailing to the parties
              of any petitions for a contested case and the order setting the
              hearing shall be sufficient notice in lieu of notice by the
              secretary, if they contain the statements required by SDCL 1-26-17.
              The secretary shall certify to the fact and means of publication
              and place the notice and certification in the case file.
              General  Authority SDCL 34-16A-12.
                                        Law. Implemented:  SDCL 34-16A-27,
                                        34-16A-35, 34-16A-50, 34-16A-53
                                        to 34-16A-55, inclusive, 1-26-27
                                        and 1-26-29.
(15.0)
(16.0)
34:10:01:48.  Amendment of pleadings - Additional  time.  The chairman may
              issue appropriate orders to allow a party to amend its plead-
              ings or extend the time period for submission of pleadings
              when no substantial injury to any parties is shown and such
              extension would likely serve the public interest and assist
              in a fair and equitable decision on the issue in controversy.
              Such order shall be given only after submission of a written
              request and opportunity for other parties to respond in
              writing.
              General Authority:  SDCL 34-16A-12.
                                          Law Implemented:  SDCL 34-16A-27,
                                          34-16A-35, 34-16A-50, 34-16A-53
                                          to 34-16A-55, inclusive, 1-26-27 and
                                          1-26-29.

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 15.0)    34:10:01:49.  Subpoenas.  The chairman shall issue any subooena necessary
 16.0)                 for obtaining  information under SDCL 1-26-39.1.   Any party
                      wishing  to obtain a subpoena shall submit a written request
                      and a  proposed subpoena to the chairman.  Motions under 15-6-
                      45(b)  shall be made to the chairman.

              General  Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-48
                                                  and 1-26-19.1.
(15.0)
(16.0)
(2.0)
(15.0)
(2.0)
(15.0)
(2.0)
(15.0)
34:10:01:50.  Means and proof of service.  Service of any pleadings, notices
              or orders may be by means of certified or registered mail,  or
              personal service.  An affidavit of mailing or service, copies
              of the receipts for delivery of registered or certified mail,
              an admission of service or other competent evidence shall  suf-
              fice as proof of service.

     General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-48
                                          and 1-26-19.1.
34:10:01:51.
Board or chairman may appoint a hearing officer.   The board
in its discretion may appoint or hire a hearing officer to
preside over any contested cases.  The hearing officer shall
have the authority to make all rulings, decisions and orders
which the board chairman or board may make in a contested case
proceedings.  A hearing officer's decision shall  be the final
administrative decision.  The board chairman may appoint a
hearing officer to decide on motions and requests to be heard
by the chairman under these rules.
              General Authority:  SDCL 34-16A-12.
                                          Law Implemented:  SDCL 34-16A-27,
                                          34-16A-35, 34-16A-50, 34-16A-53
                                          to 55, inclusive, 1-26-27 and
                                          1-26-29.
34:10:01:52.
Burden of proof.  Whenever, under this chapter or the act,
any person is required to find, demonstrate, show or otherwise
establish any fact, such fact must be so established by a
preponderance of the evidence.
              General Authority:  SDCL 34-16A-12.
                                           Law  Implemented:  SDCL 34-16A-27,
                                           34-16A-35, 34-16A-50, 34-16A-53
                                           to 55,  inclusive, 1-26-27 and
                                           1-26-29.
 34:10:01:53.   Decisions  of the  board  and  orders  issued  by  the  chairman.
               A  final  decision  in  a contested  case  shall be  tnat  ootained
               by a  majority vote from a quorum of the board  unless  a  hearing
               officer  heard the case.  Any final  decision  and  resulting  orders
               shall be signed by the  chairman.   The chairman shall  have  the
               authority  to issue any  orders during  the  course  of  proceedings
               described  in this chapter which  will  fairly  implement and
               expedite the mandates of this chapter and the  act.
                                               -1.9-

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              General Authority:   SDCL  34-16A-12.
                            Law Implemented:   SDCL 34-16A-27,
                            34-16A-49, 34-16A-53,  34-16A-55
                            to 34-16A-58.1, inclusive, and
                            1-26-25.
         34:10:01:54.
Proposed findings.  The board, at its discretion, may allow or
order parties to submit proposed findings of  facts  or  law.
              General  Authority   SDCL  34-16A-12.   Law  Implemented:  SDCL  1-26-25.

(15.0)    34:10:01:55.   Enforcement  action  and  permit or  variance proceedings may be
(5.0)                   conducted  in same hearing.The department may  initiate a con-
                       tested  case  hearing on  permit or  variance application and
                       bring an enforcement action against the applicant  at the same
                       time.   The chairman may order a consolidated hearing on the two
                       actions, but intervenors shall  be allowed in the same manner
                       as  if the  department had only initiated a hearing  on the
                       permit  or  license and sufficient  notice shall be allowed for
                       such intervenors.
              General  Authority:   SDCL  34-16A-12.
                            Law Implemented:   SDCL 34-16A-27,
                            34-16A-49, 34-16A-53, 34-16A-55,
                            1-26-18, 1-26-19, and 21-10A-2.
                                               -20-

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                                     CHAPTER 34:10:02

                                AMBIENT AIR QUALITY STANDARDS
                              AND  POLLUTION EPISODE CRITERIA
(2.0)     34:10:02:01.   Air quality  guidelines.  The  goals of the standards established
(4>0)                   under this chapter  are that air quality shall be such that it
                       will  not cause or tend to  cause:

                       (1)  The health of  even  sensitive or susceptible segments of the
                            population to  be adversely affected;

                       (2)  Damage  to buildings,  property, animals,  plants,  forests,
                            and agricultural crops to occur;

                       (3)  Visibility to  be significantly reduced;

                       (4)  Metals  or other materials to be  significantly corroded or
                            damaged;

                       (5)  Natural scenery to  be obscured;  or

                       (6)  Interference with  enjoyment  of  life  or property.

              General Authority:  SDCL 34-16A-12.  Law  Implemented:   SDCL 34-16A-22.

(40)    34-10-02:02.  flmhipnt air quality standards. The  ambient air quality stand-
                       ards listed in 34:10:02:03 to 34:10:02:09 inclusive,  define
                       the limits of air pollution by particulates and gases,  above
                       which limits the ambient .air is  unacceptable.  These  standards
                       apply to the entire state of South  Dakota,  and no  person shall
                       cause these standards to be exceeded.   The limits  stated include
                       normal background levels of particulates  and gases.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-22.
(4.2)    34:10:02:03.
         Sulfur oxide standards.   Sulfur oxides  shall  not exceed  eighty
         micrograms per cubic meter of air as  an annual  arithmetic  mean,
         nor shall  sulfur oxides  exceed more than once a year three
         hundred sixty five micrograms per cubic meter of air as  a
         maximum twenty-four hour concentration  or thirteen hundred
         micrograms per cubic meter of air as  a  maximum three hour
         concentration more than  once per year.

General Authority:   SDCL 34-16A-12.  Law Implemented:   SDCL 34-16A-22.
 (4.1)    34:10:02:04.
         Total suspended particulates standards,   Total  suspended part-
         iculates shall not exceed sixty micrograms per cubic meter of
         air as an annual geometric mean, nor one hundred fifty micro-
         grams per cubic meter of air as a maximum twenty-four hour
         concentration to be exceeded not more than once a year.
                                               -21-

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              General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL  34-16A-22.

         34:10:02:05.   Repealed.

(4.5)     34:10:02:06.   Carbon monoxide standards.   Carbon  monoxide  shall not  exceed
                       ten milligrams  per cubic  meter of air  as  a maximum  eight  hour
                       concentration  to be exceeded not more  than once  a year, nor
                       forty milligrams per cubic  meter of air as a  maximum one  hour
                       concentration  to be exceeded not more  than once  a year.

              General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL  34-16A-22.

(4.6)     34:10:02:07.   Photochemical  oxidant standards. Photochemical  oxidants  shall  not
                       exceed one hundred sixty  micrograms per cubic meter of air as  a
                       maximum one hour concentration to be exceeded not more than once
                       a year.

              General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL  34-16A-22.

(4.4     34:10:02:08.   Hydrocarbon standards.  Hydrocarbons shall not exceed  one hundred
                       sixty micrograms per cubic  meter of air as a  maximum concentration
                       in three consecutive hours, to be exceeded not more than  once  a year.

              General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL  34-16A-22.

(4.3)     34:10:02:09.   Nitrogen oxide  standards.   Nitrogen oxides  shall not  exceed one
                       hundred micrograms per cubic meter  of  air on  an  annual arithmetic
                       mean, nor two  hundred fifty micrograms per cubic meter of air  as
                       a maximum twenty-four hour  concentration  to  be exceeded not more
                       than once a year.

              General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL  34-16A-22.

         34:10:02:10.   Repealed.

(9.0)     34:10:02:11.   Methods of sampling and analysis.  Air pollutants shall be measured
                       by the methods  shown- in 34:10:02:12 to 34:10:02:08  inclusive,  or
                       an equivalent  method.

              General  Authority:   SDCL 34-16A-12.   Law Implemented  SDCL: 34-16A-22.

(9.0)     34:10:02:12.   Method for sulfur dioxide measurements.   Sulfur  dixode shall be
                       measured in accordance with the method described in National Pri-
                       mary and Secondary Ambient  Air Quality Standards. 40 CFR  50,
                       Appendix A.(January 1,  1974).

              General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL  34-16A-22.

(9.0)     34:10:02:13.   Method for total suspended  particulate measurements.   Total  sus-
                       pended particulates shall be measured  in  accordance with  the method
                       described in National Primary and Secondary  Ambient Air Quality
                       Standards. 40  CFR 50, Appendix B.(January  1, 1974).
                                               -22-

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              General  Authority:   SDCL  34-16A-12.   Law  Implemented:  SDCL 34-16A- 22.

(9.0)     34:10:02:14.   Method for continuous  carbon monoxide measurements.  Carbon
                       monoxide shall be  measured  in  accordance with the method described
                       in National  Primary and  Secondary  Ambient Air Quality Standards,
                       40 CFR 50, Appendix C.(January 1,  1974).
                                                                          ;
              General  Authority:   SDCL  34-16A-12.   Law  Implemented:  SDCL 34-16A-22.

(9.0)     34:10:02:15.   Method for photochemical  oxidant measurements.   Photochemical ox-
                       idants shall  be  measured in accordance with  the  method  described
                       in National  Primary and  Secondary  Ambient Air Quality Standards,
                       40 CFR 50, Appendix D.(January 1,  1974).

              General  Authority:   SDCL  34-16A-12.   Law  Implemented:  SDCL 34-16A-22.

(9.0)     34:10:02:16.   Method for hydrocarbon measurements.  Hydrocarbons shall be measured
                       in accordance with the method  described  in National  Primary and
                       Secondary Ambient  Air  Quality  Standards, 40  CFR  50,  Appendix E.
                       (January 1,  1974).

              General  Authority:   SDCL  34-16A-12.   Law  Implemented:  SDCL 34-16A-22.

(9.0)     34:10:02:17.   Method for nitrogen dioxide measurements.  Nitrogen  dioxide shall
                       be measured in accordance with the method described  in  National
                       Primary and Secondary  Ambient  Air  Quality Standards. 40 CFR 50,
                       Appendix F.(January  1, 1974).

              General  Authority:   SDCL  34-16A-12.   Law  Implemented:  SDCL 34-16A-22.

(9.0)     34:10:02:18.   Method for coefficient of haze measurements.  Coefficient  of haze
                       shall  be measured  by the tape  sampler method as  described  in
                       the ASTM test method D 1704-61.

                       Note:   Methods or  specifications referenced  to  in this  article  are
                              available by writing, America Society for Testing and Mater-
                              ials,  1916  Race Street, Philadelphia, Pennsylvania, as
                              published,  October 28,  1971,  at a cost of $1.75  each.

(4.0)     34:10:02:19.   Degradation of ambient air  having  a  higher quality than required
                       by ambient air quality standards.  Ambient air  whose quality, as
                       of the effective date  of these rules,  is higher than the standards
                       set forth in  these rules shall be  maintained at the  higher quality
                       unless it can be affirmatively demonstrated  to  the board that a
                       change in quality  is justifiable and will be consistent with the
                       promotion of the public  health,  safety and welfare and  will not be
                       contrary to the  guidelines  of  34:10:02:01.

              General  Authority:   SDCL  34-16A-12.   Law  Implemented:  SDCL  34-16A-22.   .

         34:10:02:20.   Repealed.
                                               -23-

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         34:10:02:21.   Repealed.
(8.0)
(8.0)
(8.0)
34:10:02:22.   Pollution episode criteria.   Conditions  justifying  the  proclamation
              of an air pollution alert,  air pollution warning, or air pollution
              emergency shall  be deemed to exist whenever the  secretary determines
              that 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 persons.
              When any of the  episode criteria levels  are reached, the public
              will be notified in the form of a press  release  to  all  news  media.
              In making this determination, the secretary will  use the criteria
              in 34:10:02:23 to 34:10:02:27 inclusive.

     General  Authority:  SDCL  34-16A-12.   Law Implemented:  SDCL  34-16A-22.

34:10:02:23.   Air pollution forecast.   An internal  watch  by the department shall
              be actuated by a national weather service advisory  that an at-
              mospheric  stagnation advisory or the equivalent local  forecast of
              stagnant atmospheric conditions is in effect.

     General  Authority:  SDCL  34-16A-12.   Law Implemented:  SDCL  34-16A-22.

34:10:02:24.   Alert.  The alert  level is that concentration of pollutants at
              which the actions set out in 34:10:02:36 are to  begin.   An alert
              will be declared when any one of the following levels is reached
              at any monitoring site:

              (1)  Sulfur dioxide at eight hundred micrograms  per cubic meter,
                   0.3 parts per million, over a twenty-four average;

              (2)  Particulate matter at a coefficient of haze of 3.0, or  three
                   hundred seventy-five micrograms per cubic meter, over a twenty-
                   four hour average;

              (3)  Sulfur dioxide and particulate matter  combined at a level where
                   the product of sulfur dioxide in parts per  million over a
                   twenty-four hour average and the coefficient of haze is equal to
                   0.2, or the product of sulfur dioxide  in micrograms per cubic
                   meter over  a twenty-four hour average  and particulate matter
                   in micrograms per cubic meter over  a twenty-four hour average
                   is equal to 6.5 X 10*.

              In addition, meteorological conditions are  to be such that pollutant
              concentrations can be expected to remain at the  above levels for
              twelve or more hours, or to increase unless control actions  are  taken.

     General  Authority:  SDCL  34-16A-12.   Law Implemented:  SDCL-16A-22.
(8.0)
34:10:02:25.
Warning.  The warning level indicates that air quality is continuing
to degrade from the alert level and that additional  control  actions
are necessary.  A warning will be declared when any  one of the
following levels is reached at any monitoring site:
                                               -24-

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                       (1)   Sulfur dioxide at sixteen hundred micrograms per standard
                            cubic meter  (0.6 parts per million) over a twenty-four
                            hour averape;

                       (2)   Particulate  matter at a coefficient of haze of 5.0 or six hun-
                            dred twenty-five micrograms per cubic meter over a twenty-four
                            hour average;

                       (3)   Sulfur dioxide and particulate matter combined at a level where
                            the product  of sulfur dioxide in parts per million over a
                            twenty-four  hour average and the coefficient of haze is equal
                            to 0.8,  or the product of sulfur dioxide in micrograms per
                            cubic meter  over a twenty-four average and particulate
                            matter in micrograms per cubic meter over a twenty-four
                            hour average is equal to 2.61 X 10$;

                       In  addition,  meteorological conditions are to be such that pollu-
                       tant concentrations can be expected to remain at the above levels
                       for twelve or more hours, or to increase unless control actions
                       are taken.

              General  Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-22.

(8.0)     34:10:02:26.   Emergency.  The emergency level indicates that air quality is
                       continuing to degrade to a level that should never be reached and
                       that the most stringent control actions are necessary.  An
                       emergency will be declared when any one of the following
                       levels  is reached at any monitoring site:

                       (1)   Sulfur dioxide at twenty-one hundred micrograms per cubic
                            meter (0.8 parts per million) over a twenty-four hour
                            average;

                       (2)   Particulate  matter at a coefficient of haze of 7.0 or eight
                            hundred  seventy-five micrograms per cubic meter, over a
                            twenty-four  hour average;

                       (3)   Sulfur dioxide and particulate matter combined at a level
                            where the product of sulfur dioxide in parts per million
                            over a twenty-four hour average and the coefficient of haze
                            is equal to  1.2, or the product of sulfur dioxide in micro-
                            grams per cubic meter over a twenty-four hour average and
                            particulate  matter in micrograms per cubic meter over a
                            twenty-four  hour average is equal to 3.93 X 105.

                       In  addition,  meteorological conditions are to be such that this
                       condition can be  expected to continue for twelve or more hours.
                       In  attainment of  the emergency level, the secretary shall order
                       any sources contributing to the  occurrence of the level  to re-
                       duce or discontinue emissions.

              General  Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-22.
                                              -25-

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(8.0)
34:10:02:27.
(8.0)
(8.0)
(50.0)
              Tornri nation.  Once declared, any status reached by application
              of these criteria will  remain in effect until  the criteria for
              that level are no longer met.  At such time,  the appropriate
              lower status will be assumed.

     General Authority:  SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-22.

34:10:02:28.  Abatement strategies emission reduction.   When the department
              declares an air pollution alert, warning, or  emergency, all
              persons required to submit a preplanned abatement strategy plan
              shall put into effect such plan for the level  declared.

     General Authority:  SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-50.

34:10:02:29.  Specified criteria level caused by limited number of sources.
              Upon determination by the department that a specified criteria
              level has been reached at one or more monitoring sites solely
              because of emissions from a limited number of sources, the
              department shall notify such sources that the action set forth
              in the preplanned abatement strategy plan shall be put into ef-
              fect until the criteria of the specified level are no longer met.

     General Authority:  SDCL 34-16A-12.  Law Implemented:   SDCL 34-16A-50.

34:10:02:30.  Person required to file a Preplanned Abatement Strategies Plan.
              Any person responsible for the operation of:
                       (1)  Coal or oil fired electric power generating facilities;

                       (2)  Coal or oil fired process steam generating facilities;

                       (3)  Primary metal industries;

                       (4)  Petroleum refining industries;

                       (5)  Chemical industries;

                       (6)  Mineral processing operations; and

                       (7)  Grain industries

                       which has the potential without emission controls of emitting
                       one hundred tons of any given pollutant in a year and is within
                       five miles of any city over forty thousand  population shall pre-
                       pare abatement strategy plans for reducing the emission of air
                       pollutants during periods of an air pollution alert, warning,
                       or emergency.  Abatement strateqies plans shall be designed to
                       reduce or eliminate emissions of air pollutants  in accordance
                       with objectives set forth in 34:10:02:36 to 34:10:02:38 inclusive.

              General Authority:  SDCL 34-16A-J2.  Law Implemented:  SDCL 34-16A-19.
(50.0)
(8.0)
34:10:02:31.
              Preplanned abatement strategies plans requested of any person.
              Any person reponsible  for the.operation of a source not set
              forth under 34:10:02:30 shall, when requested by the department
                                               -26-

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                       in  writing,  prepare  abatement  strategy  plans  for  reducing  the
                       emissions  of air pollutants  during  an air  pollution alert, warning,
                       and emergency.

              General  Authority:   SDCL 34-16A-12.   Law  Implemented:   SDCL 34-16A-19.

 50,0)    34:10:02:32.   Preplanned abatement strategies  plans content - Submission.
 3.0)                   Abatement  strategies plans,  prepared pursuant to  34:10:02:30 and
                       34:10:02:31, shall be in  writing,  identify the source  of air
                       pollutants,  the approximate  amount  of reduction of air pollutants
                       which will be attained for each  pollution episode level,  and  a
                       brief description of manner  in which the reduction will be achieved
                       during an  air pollution alert, warning, and emergency.  The or-
                       iginal and one copy  of the abatement strategies plans  shall be sub-
                       mitted to  the department  upon  request within  thirty days of receipt
                       of  such request.  New sources  shall submit abatement  strategies plans
                       with application for a construction permit.

              General  Authority:   SDCL 34-16A-12.   Law  Implemented:   SDCL-16A-19,
                                                   and  34-16A-27.

(2.0)     34:10:02:33.   Review and approval  of abatement strategies plans - Return of
                       copy.  Abatement strategies  plans  shall be subject to  review
                       and approval by the  department.  The department shall  accept
                       or  reject  the plans  filed pursuant to 34:10:02:30 and  34:10:02:31.
                       If  the plans are rejected the  department shall state  the reasons
                       for such rejection and what  amendments  are necessary  to make
                       plans acceptable. Upon approval of the abatement strategies
                       the department shall keep the  original  of  the plans and return
                       the copy of the plans to  the operator of the  source.

              General  Authority:   SDCL 34-16A-12.   Law  Implemented:   SDCL 34-16A-19.

(2.0)     34:10:02:34.   Copy of Preplanned Abatement Strategies Plans kept at  source.
(8.0)                   The operator of the  source shall keep a copy  of the abatement
                       strategies plans on  the premises and available to any  authorized
                       agent or employee of the  department.

              General  Authority:   SDCL 34-16A-12.   Law  Implemented:   SDCL 34-16A-12.

(2.0)     34:10:02:35.   Abatement  strategy plans  for generating facilities.   The following
(8.0)                   measures must be addressed  in  an abatement strategy plan written
                       pursuant to 34:10:02:30 for  coal and oil fired generating  facil-
                       ities and  will be a  minimum  requirement for the reduction  of em-
                       issions during the alert, the  warning and  the emergency air pol-
                       lution episodes:

                       (1)  Reduction of emissions  by utilization of available fuels
                            having low ash  and sulfur content;

                       (2)  Reduction of emission by  diverting to electric power  from
                            generation facilities outside of the  alert area  where pos-
                            sible;  and
                                              -27-

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(8.0)
                      (3)  Reduction of steam load demands consistent with continuing
                           plant operations.

             General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-50.

        34:10:02:36.  Abatement strategy plans for manufacturing and processing facilities,
                      The following measures must be addressed in the abatement strategy
                      plans written pursuant to 34:10:02:30 to 34:10:02:31 for all
                      manufacturing and processing facilities, and are to be used to the
                      fullest extent possible for the reduction of emission during the
                      alert, warning and emergency episodes:

                      (1)  Reduction of air pollutants from manufacturing operations by
                           curtailing, postponing, or deferring production;

                      (2)  Reduction of emissions by deferring trade waste disposal
                           operations which emit solid particles, vapors or malodorous
                           substances;

                      (3)  Reduction of heat load demand for processing.

             General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-50.
(8.0)    34:10:02:37.
                      Action to be taken during an air pollution alert.  Upon deter-
                      mination by the secretary that an air pollution alert level exists
                      at one or more monitoring sites the following action shall be
                      taken in that area.

                      (1)  There shall be no open burning by any person of tree waste,
                           vegetation, refuse, or debris in any form;

                      (2)  The use of incinerators for the disposal of any form of
                           solid waste shall be limited to the hours between twelve
                           noon and four p.m.;

                      (3)  Persons operating fuel burning equipment which requires
                           boiler lancing or soot blowing shall perform such operations
                           only between the hours of twelve noon and four p.m. unless
                           such sources are equipped with a high efficiency electro-
                           static precipitator or other  equivalent particulate collecting
                           device;

                       (4)  Persons operating motor vehicles should eliminate all  un-
                           necessary  use;

              General  Authority:  SDCL 34-16A-12.  Law  Implemented:  SDCL  34-16A-50.

(8 0)     34:10:02:38.  Ar.tinn  to bp  taken during an air  pollution warning.   Upon  deter-
                      mination by the secretary that an air pollution  warning  exists,
                       all  commercial  and manufacturing establishments will  implement
                       the  warning phase  of  the abatement  strategy  plan  in addition  to
                       the  requirements of  34:10:02:37;  or,  if  no  abatement  strategy
                                              -28-

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                       has  been approved,  will  institute  such  actions  that will  result
                       in maximum reduction  of  air  pollutants  emitted  from their oper-
                       ations  by ceasing or  curtailing  operation  to  the  fullest  extent
                       possible without causing injury  to persons  or damage  to equipment.

              General  Authority:  SDCL 34-16A-12.   Law  Implemented:  SDCL 34-16A-5&.

(8.0)     34:10:02:39.   Action  to be taken  during an air pollution  emergency.  Upon
                       determination by the  secretary that an  air  pollution  emergency
                       exists  all places of  employment  described  below shall  immediately
                       csase operations:

                       (1)   Mining and quarrying of minerals;

                       (2)   All construction work except  that  which  must proceed to  avoid
                            emergent physical harm  to person,  livestock, equipment,  or
                            buildings;

                       (3)   All manufacturing establishment unless exempted  under  an
                            approved air pollution  emergency abatement strategy  plan
                            for the purpose  of protecting equipment, material or per-
                            sonal safety;

                       (4)   All wholesale  trade establishments,  except those engaged
                            in the distribution of  drugs, surgical supplies, and food;

                       (5)   All offices of local, county  and state government, except
                            those necessary  for public  safety  and  welfare, and the en-
                            forcement of the provisions of this  order;

                       (6)   All retail trade establishments, except  pharmacies,  surgical
                            supply distributors and stores primarily engaged in  the
                            sale of food;

                       (7)   Banks, credit  agencies  other  than  banks, securities  and
                            commodities brokers, dealers  exchanges,  and  services,  offices
                            of insurance carriers,  agents and  brokers, and real  estate
                            officers.

              General  Authority:  SDCL 34-16A-12.  Law  Implemented:  SDCL 34-16A-50.
                                             -29-

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                                      CHAPTER 24:10:03

                                CONTROL OF VISIBLE EMISSIONS
(50.1.2) 34:10:03:01.
         Restrictions on visible emissions.  No person shall  discharge into
         the ambient air from any single source of emissions  whatsoever,
         any air contaminant of a shade or density equal  to or darker than
         that designated as No. 1 on the Ringelmann chart or  twenty per-
         cent opacity.

General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-22.
(50.1.2)   34:10:03:02
         Brief emissions in excess of restrictions permitted.   A person
         may discharge into the atmosphere from any single source of
         emission, for a period or periods aggregating not more than three
         minutes in any sixty consecutive minutes, air pollutants of a
         shade or density not darker than No. 3 on the Ringelmann chart
         or sixty percent opacity.

General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-22.
(50.1.2)  34:10:03:03
         Exceptions to restrictions.
         shall not apply:
The provisions of section 34:10:03:01
                       (1)   Where the presence of uncombined  water is  the  only reason  for
                            failure to meet the requirements  of section  34:10:03:01;

                       (2)   When smoke is  emitted for the purpose  of training  or research,
                            when approved  by the board;

                       (3)   During brief periods during  such  operations  as soot blowing
                            and startup.   This does  not  apply to wood  waste burners.

              General  Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL  34-16A-22.
(51.20)    34:10:03:04
         Exceptions granted to wood waste burners.  A wood waste burner may
         discharge into the atmosphere for a period or periods aggregating
         not more than one hour in any twenty four hours, air pollutants
         of a shade or density that exceeds those limits designated in
         section 34:10:03:01.  The time period listed in this exemption
         will apply only during periods of startup, building, and shutdown
         of fires in wood waste burners.

General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-22.
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                                      CHAPTER 34:10:04
(51.9)   34:10:04:01.   Refuse burning restrictions.   No person  shall  dispose  of
                       refuse or other combustible material  or  both  by  open burning,
                       or cause, suffer,  allow,  or permit open  burning  of  refuse  of
                       other combustible  material, or both and  no  person shall conduct
                       or cause or permit the conducting of a salvage operation by
                       open burning.
              General Authority:  SDCL 34-16A-12.  Law Implemented:   SDCL  34-16A-24.

(51.13)  34:10:04:02.   Permissible open burning.   The open burning of refuse, or  other
                       combustible materials, or both is prohibited  unless conducted for
                       the purpose specified in,  and  conducted  in  conformity  with,
                       34:10:04:03 to 34:10:04:12, inclusive.   No  open  burning activities
                       shall be conducted in violation of local  laws, ordinances, or
                       regulations.   The  authority to conduct open burning under  the pro-
                       visions of 34:10:04:03 to 34:10:04:12 inclusive  does not exempt
                       or excuse a person from the consequences, damages,  or  injuries
                       which may result therefrom. No permit shall  be  required to
                       operate under  these exemptions, but a variance for  open burning
                       otherwise prohibited under this chapter  may be granted under
                       chapter 34:10:01.

              General  Authority:  SDCL 34-16A-12.  Law Implemented:   SDCL  34-16A-24.

(51.13)  34:10:04:03.   Fires for training of fire fighting personnel  permitted.   Fires
                       may be purposely set for the instruction and  training  of public
                       and industrial firefighting personnel when  authorized  by the
                       appropriate local  governmental entity.

              General  Authority:  SDCL 34-16A-12.  Law Implemented:   34-16A-24.
(51.13)   34:10:04:04.
Fires for the elimination of a fire hazard permitted.   Fires may
be set for the elimination of a fire hazard which cannot be abated
by any other practical means when authorized by the appropriate
local governmental entity.
              General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL  34-16A-24.
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(51.13)   34:10:04:05.  Fire removal of hazardous material permitted.  Fires may be
                       set for the removal of hazardous or dangerous material where
                       there is no other practical or lawful method of disposal after
                       informing the department of the proposed fire.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

(51.13)   34:10:04:06.  Campfires and other recreational fires permitted.  Campfires
                       and other fires which are used solely for recreational purposes,
                       for ceremonial occasions, or for outdoor preparation of food are
                       permitted.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

(51.13)   34:10:04:07.  Fires used in management of forests and game permitted.  Fires
                       may be purposely set to forest or rangelands for a specific reason
                       in the management of forests and game in accordance with prac-
                       tices recommended by the South Dakota game fish and parks depart-
                       ment, the South Dakota department of agriculture, or the United
                       States forest service.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

(51.13)   34:10:04:08
Open burning for land clearing and disposal of trees under cer-
tain conditions.  The burning of trees, brush, grass, wood, and
other vegetable matter in the clearing of land, right-of-way
maintenance operations, and agricultural crop burning, is per-
mitted on site if the following conditions are met:

(1)  Prevailing winds at the time of the burning must be away
     from any city closer than a mile from the burning site;

(2)  The location of the burning must not be closer than five
     hundred feet from an occupied residence other than those
     located on the property on which the burning is conducted
     and the prevailing winds' shall be away from any residences
     likely to be affected by the smoke;

(3)  Care must be taken to minimize the amount of dirt on the
     material being burned;

(4)  Oils, rubber, or other materials which produce unreasonable
     amounts of air contaminants may not be burned;

(5)  The initial burning may begin only between three hours after
     sunrise and three hours before sunset and when weather
     conditions are such that there will be good smoke dispersion,
     and additional fuel may not be intentionally added to fires
     at times outside the limits stated above;

(6)  The burning must not be conducted so as to obscure visibility
     and create a traffic hazard on any public road; and
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                       (7)  The burning must not be conducted within one mile of any
                           military, commercial, county, municipal, or private air-
                           port or landing strip.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

         34:10:04:08.01  The open burning of trees by municipalities.  The open burning
                        of trees by any municipality shall allow, after prior notifica-
                        tion  to the department, on three separate days per year if such
                        burning is in compliance with 34:10:04:08 and does not occur
                       . adjacent to an active portion of a solid waste disposal site.
                        Such  burning by municipalities may be conducted at other times
                        by trench burning or, upon approval of the department, by other
                        equally effective methods.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

(51.9)    34:10:04:09.   Refuse  burning in rural areas.  In areas where no organized col-
                       lection system or disposal facility is available, the burning of
                       refuse  or combustible materials or both generated on the premises
                       may be  conducted in a container providing the following conditions
                       are met:

                       (1)  The material to be burned must not be the combined waste from
                           three or more households;

                       (2)  The burning must be  conducted on one of the properties on
                           which the waste is generated; and

                       (3)  The burning must comply with 34:10:04:08 (5).

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

(51.13)  34:10:04:10.   Burning of spilled hydrocarbons.  The burning of hydrocarbons
                       which are spilled or lost as a result of pipeline breaks or
                       other accidents involving their transportation, exploration,
                       development, refining, or other process operations will be per-
                       mitted  if the following conditions are met:

                       (1)  The material cannot  be practicably recovered or otherwise
                           lawfully disposed of in some other manner;

                       (2)  The burning must not be conducted within a city or adjacent
                           to an occupied residence;

                       (3)  The burning must be  in accord with 34:10:04:08  (5,6 and 7);
                           and

                       (4)  The burning must be  controlled so that a traffic hazard is
                           not created as the result of air contaminants being released.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.
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(51.13)   34:10:04:11.   Burning  of wasted, hydrocarbons.   The  burning of  gaseous  hydrocarbons,
                       which must be wasted  from  a  process,  must  be through  the use  of
                       atmospheric  flares.

              General  Authority:  SDCL  34-16A-12.   Law  Implemented:   SDCL  34-16A-24.

(51.13)   34:10:04:12.   Burning  of demolition debris.  The  burning of  demolition or con-
                       struction debris is allowed  upon approval  of appropriate local
                       authorities  and  under the  conditions  of ;34:10:04:08, subdivision
                       (3)  to  (7),  inclusive.   Nothing  in  this section  shall authorize  the
                       violation of a local  ordinance.

              General  Authority:  SDCL  34-16A-12.   Law  Implemented:   SDCL  34-16A-24.
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(9.0)    34:10:05:01
                    CHAPTER 34:10:05

              SAMPLING AND TESTING METHODS

        Emission standards testing by approved methods only.   All
        emission tests for existing sources shall  be made and the
        results calculated in accordance with test procedures est-
        blished for similar new sources in Chapter 34:10:12.   Where
        no similar new source is governed by Chapter 34:10:12 these
        tests shall be made in accordance with the appropriate method
        in 40 CFR 60, Appendix A.  To the extent that 40 CFR  60,
        Appendix A is not applicable methods shown to be capable
        of providing valid test results for the source in question
        will  be utilized.  All tests shall be made under the
        direction of persons qualified by training or experience
        in the field of air pollution control.

General Authority:  SDCL 34-16A-12.  Law Implemented:  34-16A-19.
(9.0)    34:10:05:02
        Emission standard testing requested by the secretary.   The
        secretary may conduct or require tests of emissions, including
        stack sampling, for air pollutants from any source where
        there is good reason to believe a violation has occurred.
        Upon the request of the secretary, the person responsible
        for the source to be tested shall provide necessary ports
        in stack, or ducts, and such other safe and proper sampling
        and testing facilities as may be necessary for proper
        determination of emissions of air pollutants.

General Authority:  SDCL 34-16A-12.  Law Implemented:  34-16A-19.
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(51.9)    34:10:06:01.
                             CHAPTER 34:10:06

                     CONTROL OF PARTICULATE EMISSIONS


              Emission restrictions for incinerators.  No person shall  cause
              or permit any incinerator or wood waste burner to emit pollutants
              of a shade or density equal  to or darker than that designated as
              No. 1 on the Ringelmann chart or twenty percent opacity.   Further-
              more, no fly ash emitted from such sources shall have a greater
              dimension than one hundred microns.   No other emission limitations
              shall apply to these sources except as found in chapter 34:10:03.

     General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

34:10:06:02.  Repealed.

34:10:06:03.  Repealed.

34:10:06:04.  Repealed.
(51.5)    34:10:06:05.
              Emission restrictions for fuel  burning equipment.   No person shall
              cause or permit the emission from fuel equipment burning solid fuel
              or fuel oil, particulate matter in excess of 0.30 pounds per mil-
              lion BTU (0.54 gm/106 gm-cal) of heat input.
              General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-24.

(51.5)    34:10:06:06.   Heat input values of fuel  burning units.   For purposes  of this
                       regulation, the heat input shall  be the aggregate heat  content
                       of all  fuels whose products of combustion pass through  a stack
                       or stacks.  The heat input value  used shall  be the equipment
                       manufacturer's or designer's guaranteed maximum input,  whichever
                       is greater; however, this  section shall not  be construed as pro-
                       hibiting derating to meet  emission standards.  The total input
                       of all  fuel burning units  on a plant or premises shall  be used
                       for determining the maximum allowable amount of particulate mat-
                       ter which  may be emitted.

              General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-24.

(50.1.1) 34:10:06:07.   Emission from process industries.  No person who operates a pro-
                       cess industry shall cause  or permit the emission of particulate
                       matter in  any one hour frorc any such source  in excess of the
                       amount shown in subsection (1) through (12)  for the process weight
                       rate allocated to such source:

                       (1)  If the process weight rate is one hundred pounds per hour,
                            the emission rate shall not  exceed 0.551 pounds per hour;

                       (2)  If the process weight rate is six hundred pounds per hour,
                            the emission rate shall not  exceed 1.83 pounds per hour;
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                       (3)   If the process  weight  is  one  thousand  pounds  per  hour,
                            the emission  rate  shall not exceed  2.58  pounds  per  hour;

                       (4)   If the process  weight  is  five thousand pounds per hour,
                            the emission  rate  shall not exceed  7.58  pounds  per  hour;

                       (5)   If the process  weight  is  ten  thousand  pounds  per  hour,
                            the emission  rate  shall not exceed  12.0  pounds  per  hour;

                       (6)   If the process  weight  rate is twenty thousand pounds  per  hour,
                            the emission  rate  shall not exceed  19.2  pounds  per  hour;

                       (7)   If the process  weight  rate is sixty thousand  pounds per hour,
                            the emission  rate  shall not exceed  40.0  pounds  per  hour;

                       (8)   If the process  weight  rate is eighty thousand pounds  per  hour,
                            the emission  rate  shall not exceed  42.5  pounds  per  hour;

                       (9)   If the process  weight  rate is one hundred and twenty  thousand
                            pounds per hour,  the emission rate  shall not  exceed 46.3  pounds
                            per hour;

                      (10)   If the process  weight  rate is one thousand and  sixty  thousand
                            pounds per hour,  th.e emission rate  shall not  exceed 49.0
                            pounds per hour;

                      (11)   If the process  weight  rate is two hundred thousand  pounds per
                            hour, the  emission rate  shall not exceed 51.2 pounds  per  hour;

                      (12)   If the process  weight  rate is one million pounds  per hour,
                            the emission  rate  shall  not exceed 69.0  pounds  per  hour.

              General  Authority:  SDCL 34-15A-12.   Law Implemented:   SDCL 34-16A-24.
(50.1.1) 34:10:06:08.
         Interpolation for process weight rates not given in section
         34:10:06:07"!  Inerpolation of- the data in section 34:10:06:07
         for process weight rates up to sixty thousand pounds per hqur
         shall be accomplished by use of the eqjation:  E=4.10 P"-°* ,
         and interpolation and extrapolation of the data for the procar-s
         weight rates in excess of sixty thousand pounds per hour shall
         be accomplished by use of the equation:  E=55.0 pO.11-40, where
         "E" is the rate of emission in pounds per hour and "P" is the
         process weight rate in tons per hour.

General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-'!6A-24.
(50.1.1) 34:10:06:09.
         Process weight.  Process weight per hour is the total weight of
         all materials introduced into any specific process that may
         cause any emission of particulate matter.  Solid fuels charged
         will be considered as part of the  process weight, but liquid
         and gaseous fuels and combustion air will not.  For a cyclical
         or batch operation, the process weight per hour will be derived
                                             -37-

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                       by dividing the total  process weight by the number of hours  in
                       one complete operation from the beginning  of any given process
                       to the completion thereof,  excluding any time during which the
                       equipment is idle.   For a continuous operation,  the process
                       weight per hour will  be derived by dividing the  process weight
                       for a  typical  period of operating time, by the  time period.

              General  Authority:  SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-24.

(2.0)     34:10:06:10.   Most stringent  interpretation applicable.   Where the nature
                       of any process  or operation or the design  of any equipment
                       is such as to permit more than one interpretation of this  reg-
                       ulation, the interpretation that results in the  minimum
                       value for allowable emission shall apply.

              General  Authority:  SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-24.

(50.1.1)  34:10:06:11.   Total process weight for multiple unit processes.  For purposes
                       of these regulations,  the total process weight from all similar
                       process units at a plant or premises shall  be used for determining
                       the maximum allowable emission of particulate matter that  passes
                       through a stack or stacks.

              General  Authority:  SDCL 34-I6A-12.   Law Implemented:  SDCL 34-16A-24.

         34:10:06:12.   Repealed.
                                             -38-

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                                      CHAPTER  34:10:07

                            CONTROL  OF SULFUR  COMPOUND  EMISSIONS


(51.6)    34:10:07:01   Applicability  of sulfur  dioxide emission  standards  from  fuel  com-
                      bination.   Sections  34:10:07:02 and  34:10:07:03  shall  apply  to  any
                      installation in which  fuel  is  burned primarily to produce  heat  and
                      in which the sulfur  dioxide emission is substantially  due  to the
                      content of the fuel  burned.

              General  Authority:  SDCL 34-16A-12.  Law  Implemented:  SDCL 34-16A-24.

(1.0)     34:10:07:02   Definition of fuel burning installation:    For purposes  of section
                      34:10:07:03, a fuel  burning installation  is any  single fuel  burn-
                      ing furnace or boiler  or other unit, device,  or  contrivance  in
                      which fuel is  burned or  any grouping  of  two or  more such  furnaces
                      or boilers or  other  units,  devices,  or contrivances on the same
                      premises or otherwise  located  in  close proximity to each other
                      and under control  of the same  person.  The capacity of such  instal-
                      lation shall be the  manufacturer's or designer's guaranteed  max-
                      imum heat input rate.

              General  Authority:  SDCL 34-16A-12.  Law  Implemented:  SDCL 34-16A-24.

(51.6)    34:10:07:03   Control applicable to  fuel  burning installations.   No  person shall
                      cause or permit the  emission of sulfur dioxide to the  ambient air
                      from any fuel  burning  installation in an  amount  greater  than three
                      pounds of sulfur dioxide per million BTU's of heat  input to  the
                      installation.

              General  Authority:  SDCL 34-16A-12. Law  Implemented:  34-16A-24.
                                             -39-

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  CHAPTER 34:10:12



NEW SOURCE STANDARDS
         -40-

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                                      CHAPTER  34:10:12

'(10-0)  34:10:12:01.  Applicability.  The provisions of this chapter as excerpted and
                      condensed from  the federal register shall apply to the owner or
                      operator of a stationary source when the stationary source con-
                      tains an affected facility, the construction or modification of
                      which is commenced sixty days after the effective date of this
                      chapter.  A rule in this chapter shall supersede any rule in an-
                      other chapter to the extent that such rules conflict.

             General Authority:  SDCL 34-16A-11.  Law Implemented:  SDCL 34-16A-11.

 1.0)    34:10:12:02.  Definitions.  As used in this chapter, all terms not defined
 10.0)                herein have the meaning given them in the act in 34:10:12:01:

                      (1)  "Acid mist", sulfuric acid mist, as measured by Method 8
                           of Appendix A, 40 CFR 60;

                      (2)  "Affected  facility", with reference to a stationary source,
                           any apparatus to which a standard is applicable;

                      (3)  "Alternate method", any method of sampling and analyzing for
                           an air pollutant which is not a reference or equivalent
                           method, but which has been demonstrated to the department's
                           satisfaction to produce, in specific cases, results adequate
                           for determination of compliance;

                      (4)  "Asphalt concrete plant", any facility, as described in
                           34:10:12:40, used to manufacture asphalt concrete by heatino
                           and drying aggregate and mixing with asphalt cements;

                      (5)  "Basic oxygen process furnace", any furnace producing steel
                           by charging scrap steel, hot metal, and flux materials into a
                           vessel and introducing a high volume of an oxygen rich gas;

                      (6)  "Blast furnace", any furnace used to recover metal from slag;

                      (7)  "Brass or  bronze", any metal alloy containing copper as its
                           predominant constituent, and lesser amounts of zinc, tin,
                           lead, or other metals;

                      (8)  "Coke burnoff", the coke removed from the surface of the
                           fluid catalytic cracking unit catalyst by combustion in the
                           catalyst regenerator.  The rate of coke burn-off is calculated
                           by the formula  specified in 34:10:12:51;

                      (9)  "Commenced", with respect to the definition of "new source"
                           in this chapter, that an owner or operator has undertaken a
                           continuous program of construction or modification, or that
                           an owner or operator has entered into a contractual obliga-
                           tion to undertake and complete, within a reasonable time, a
                           continuous program of construction or modification;

                     (10)  "Condensate", hydrocarbon liquid separated from natural  gas
                           which condenses due to- changes in the temperature or pressure,
                           or both, and remains liquid at standard conditions;

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(11)  "Construction", fabrication, erection, or installation of an
      affected facility.

(12)  "Custody transfer", the transfer of produced petroleum, con-
      densate, or both after processing or treating, or both in
      the producing operations, from storage tanks or automatic
      transfer facilities to pipelines or any other forms of
      transportaion;

(13)  "Day", any continuous twenty-four hour period;

(14)  "Drilling and production facility", all drilling and servicing
      equipment, wells, flow lines, separators, equipment, gathering
      lines, and auxiliary nontransportation related equipment used
      in the production of petroleum but does not include natural
      plants;

(15)  "Electric furnace"  any furnace which uses electricity to pro-
      duce over fifty percent of the heat required in the production
      of refined brass or bronze;

(16)  "Equivalent method" any method of sampling and analyzing for
      an air pollutant which have been demonstrated to have a con-
      sistent and quantitatively known relationship to the reference
      method under specified conditions;

(17)  "Floating roof", a  storage vessel cover consisting of a double
      deck, pontoon single deck, internal floating cover or covered
      floating roof, which rests upon and is supported by the pet-
      roleum liquid being contained, and is equipped with a closure
      seal or seals to close the space between the roof edge and
      tank wall;

(18)  "Fossil fuel", natural gas, petroleum, coal, and any form of
      solid, liquid, or gaseous fuel derived form such materials
      for the purpose of  creating useful heat;

(19)  "Fossil fuel-fired  steam generating unit", a furnace or boiler
      used in the process of burning fossil fuel for the purpose
      of producing steam  by heat transfer;

(20)  "Fuel gas", any gas which is generated by a petroleum refinery
      process unit and which is combusted, including any gaseous
      mixture of natural  gas and fuel gas which is combusted;

(21)  "Fuel gas combustion device", any equipment, such as process
      heaters, boilers and flares used to combust fuel pas, but
      does not include fluid coking unit and fluid catalytic crack-
      ing unit incinerator-waste heat boilers or facilities in which
      gases are combusted to produce sulfur or sulfuric acid;

(22)  "Hourly period", a  sixty minute period commencing on the
      hour;


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(23)   "Hydrocarbon",  any organic  compound  consisting  predominantly
      of carbon and hydrogen;

(24)   "Isokinetic sampling",  sampling  in which  the  linear  velocity
      of the gas entering the  sampling  nozzle is  equal  to  that  of
      the undisturbed gas stream  at  the sample  point;

(25)   "Lead", elemental  lead  or alloys  in  which the predominant
      component is lead;

(26)   "Malfunction",  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.   Failures
      that are caused entirely or in part  by poor maintenance,
      careless operation, or  any  other  preventable  upset condition
      or preventable equipment breakdown shall  not  be considered
      malfunctions;

(27)   "Nitric acid production  unit", any facility producing weak
      nitric acid by either the pressure or atmospheric pressure
      process;

(28)   "Nitrogen oxides", all  oxides  of  nitrogen except  nitrous
      oxide, as measured by test  methods set forth  in this chapter;

(29)   "Owner or operator", any person who  owns, leases, operates,
      controls, or supervises  an  affected  facility  or a stationary
      source of which an affected facility is a part;

(30)   "Particulate matter", any finely  divided  solid or liquid
      material, other than uncombined water, as measured by
      Method 5 of Appendix A,  40  CFR 60 or an equivalent or alter-
      native method;

(31)   "Petroleum", the crude  oil  removed from the earth and the oils
      derived from tar sands,  shale, and coal;

(32)   "Petroleum liquids", petroleum, condensate, and any finished
      or intermediate products manufactured in  a petroleum refinery
      but does not mean Number 2  through Number 6 fuel  oils as
      specified in ASTM D396-69,  gas turbine fuel oils  Numbers
      2-GT through 4-GT as specified  in  ASTM 02880-71, or diesel
      fuel oils Numbers 2-D and 4-D  as  specified in ASTM D975-68;1

(33)   "Petroleum refinery", any facility engaged in producing gas-
      oline, kerosene, distillate fuel  oils, residual fuel oils,
      lubricants, or other products  through distillation of petro-
      leum or through redistillation, cracking  or reforming of
      unfinished petroleum derivatives;

(34)   "Portland cement plant", any facility manufacturing  portland
      cement by either the wet or dry process;
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(35)  "Process gas", any gas generated by a  petroleum refinery
      unit, except fuel  gas and process upset gas  as  defined  in
      this section;

(36)  "Process upset gas", any gas generated by a  petroleum
      refinery process unit as a result of startup, shutdown,
      upset or malfunction;

(37)  "Proportional sampling", sampling at a rate  that produces
      a constant ratio or sampling rate to stack gas  flow rate;

(38)  "Reference method", any method of sampling and  analyzing
      for an air pollutant as described in Appendix A, 40 CFR 60;

(39)  "Refinery process  unit", any segment of the  petroleum re-
      finery in which a  specific processing  operation is  conducted;

(40)  "Reid vapor pressure", the absolute vapor pressure  volatile
      crude oil and volatile nonviscous petroleum  liquids,  except
      liquified petroleum gases, as determined by  ASTM D-323-58
      (reapproved 1968);

(41)  "Reverberatory furnace", the following types of reverberatory
      furnaces:  stationary, rotating, rocking, and tilting;

(42)  "Run", the net period of time during which an emission  sample
      is collected.  Unless otherwise specified, a run may be
      either intermittent or continuous within the limits of  good
      engineering practice;

(43)  "Secondary lead smelter", any facility producing lead from
      a lead-bearing scrap material by smelting to the metallic
      form;

(44)  "Shutdown", the cessation of operation of an affected fac-
      ility for any purpose;

(45)  "Solid waste", refuse, more than fifty percent  of which is
      municipal type waste consisting of a mixture of paper, wood,
      yard wastes, food  wastes, plastics, leather, rubber,  and
      other combustibles, and non-combustible materials such  as
      glass and rock;

(46)  "Standard", a standard of performance  proposed  or promulgated
      under this part;

(47)  "Startup", the setting in operation of an affected  facility
      for any purpose;

(48)  "Stationary source", any building, structure, facility, or
      installation which emits or may emit an air  pollutant;
                       -44-

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       (49)  "Steel production cycle", the operations required to pro-
             duce each batch of steel and includes the following major
             fuctions:  scrap charging, preheating when used, and tapping;

       (50)  "Storage vessel", any tank, reservoir, or container used
             for the storage of petroleum liquids, but does not include:

             (a)  Pressure vessels which are designed to operate in excess
                  of fifteen pounds per square inch gauge without emissions
                  to the atmosphere except under emergency conditions;

             (b)  Subsurface caverns or porous rock reservoirs, or

             (c)  Underground tanks if the total volume of petroleum
                  liquids added to and taken from a tank annually does
                  not exceed twice the volume of the tank;

       (51)  "Sulfuric acid production unit", any facility producing
             sulfuric acid by the contact process by burning elemental
             sulfur, alkylation acid, hydrogen sulfide, organic sulfides,
             and mercaptans, or acid  sludge, but does not include facilities
             where  conversion to sulfuric acid is utilized primarily  as
             a means of  preventing emissions to the atmosphere of sulfur
             dioxide or  other sulfur  compounds;

        (52)   "True  vapor pressure",  the equilibrium partial  pressure  exerted
             by a  petroleum  liquid as determined  in accordance with methods
             described  in American Petroleum Institute  Bulletin 2517,
              Evaporation Loss from Floating Roof Tanks,  I962T*

        (53)   "Vapor recovery  system",  a vapor  gathering system  capable
             of collecting  all  hydrocarbon  vapors  and gases  discharged
              from  the  storage vessel  and  a  vapor  disposal system  capable
              of processing  such  hydrocarbon vapors  and  gases so  as  to pre-
              vent  their emission  to  the atmosphere;

        (54)   "Weak nitric acid",  nitric acid which  is  thirty to  seventy
              percent in strength.

General Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL  34-16A-12.

         Note:   1.   Methods  of specifications  referenced to  in this  article
                    are available by  writing, American  Society for Testing
                    and Materials,  1916 Race Street,  Philadelphia,
                    Pennsylvania,  as  published, October 28,  1971,  at a cost
                    of $1.75 each.

                2.   This bulletin may be obtained  by writing American Pet-
                    roleum Institute, Publication  and Distributions Section,
                    1801 K Street,  N.W.  Washington 20006, currently at a
                    price of $3.00 each.
                               -45-

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(T3.0)    34:10:12:03.
 (9.0)
 (10.0)
             Notification and record keeping.   Notification and record  keeping
             procedures shall be done in the following  manner and  instances:

             (1)  Any owner or operator subject to this chapter shall furnish
                  the department written notification as follows:

                  (a)  A notification of the anticipated date of initial startup
                       an affected facility within fifteen days after such date,

             (2)  Any owner or operator subject to the provisions  of this part
                  shall maintain for a period of two years a record of  the
                  occurrence and duration of any startup, shutdown, or  mal-
                  function in the operation of any affected facility;

             (3)  A written report of excess emissions shall be submitted to
                  the department by each owner or operator for each calendar
                  quarter.  The report shall include the magnitude of excess
                  emissions as measured by the required monitoring equipment
                  reduced to the units of the applicable standard, the  date,
                  and time of commencement and completion of each  period of
                  excess emissions.  Periods of excess emission due to  start-
                  up, shutdown, and malfunction shall be specifically identi-
                  fied.  The nature and cause of any malfunction,  if known,
                  the corrective action taken, or preventive measures
                  adopted shall be reported.  Each quarterly report is  due
                  by the thirtieth day following the end of the calendar
                  quarter.  Reports are not required for any quarter unless
                  there have been periods of excess emissions; and

             (4)  Any owner or operator subject to the provisions  of this
                  part shall maintain a file of all measurements,  including
                  monitoring and performance testing measurements, and  all
                  other reports and records required by all applicable  sub-
                  parts.  Any such measurements, reports, and records shall
                  be retained for at least two years following the date of
                  such measurements, reports, and records.

     General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.

34:10:12:04.  Initial performance tests for new sources.  Within sixty  days
              after achieving the maximum production rate at which the  affected
              facility will be operated, but not later than one hundred eighty
              days after initial startup of such facility and at such other
              times as may be required by the department under SDCL 34-16A-19,
              the owner or operator shall conduct performance tests and furnish
              the department a written report of such performance test.

     General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.
 (9.0)
 (10.0)
34:10:12:05.
Manner on which performance tests shall be conducted.  Performance
tests shall be conducted and data reduced in accordance with the
test methods and procedures contained in this chapter unless the
department:
                                              -46-

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                       (1)  Specifies or approves,  in specific cases,  the  use  of a
                            reference method with minor changes in  methodology,

                       (2)  Approves the use of an  equivalent methods;

                       (3)  Approves the use of an  alternative method  the  results of
                            which has been determined to be adequate for indicating
                            whether a specific source is in compliance;  or

                       (4)  Waives the requirement  for performance  tests because the
                            owner or operator of a  source has demonstrated by  other
                            means to the satisfaction of the department  that the affected
                            facility is in compliance with the standard.  Nothing in this
                            paragraph shall be construed to abrogate the authority of the
                            department to require testing under SDCL 34-16A-19.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL  34-16A-19.

(9.0)     34:10:12:06.  Conditions for performance tests.  Performance tests shall be con-
(10.0)                 ducted under such conditions as the department shall specify to
                       the plant operator based on  representative performance of the
                       affected facility.  The owner or operator shall make available
                       to the department such records as may be necessary to determine
                       the conditions of the performance tests.  Operations during
                       periods of startup, shutdown, and malfunction shall not constitute
                       representative conditions of performance tests unless otherwise
                       specified in the applicable standard.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.

(9.0)     34:10:12:07.  Notice of performance test to the department.  The owner or
(10.0)                 operator of an affected facility shall provide the department
                       thirty days notice prior to the performance test to afford
                       the department the opportunity to have an observer present.

              General Authority:  SDCL 34-16A-12.  Law Implemented:   SDCL 34-16A-19.

(9.0)    34:10:12.03.  Operator shall provide facilities.  The owner or operator of an
(10.0)                 affected facility shall provide, or cause to be provided,
                       performance testing facilities as follows:

                       (1)  Sampling ports adequate  for test methods  applicable  to  such
                            facility;

                       (2)  Safe sampling platform;

                       (3)  Safe access to sampling  platform;  and

                       (4)  Utilities for sampling and testing equipment.

              General Authority:  SDCL 34-16A-12.  Law  Implemented:   SDCL 34-16A-19.
                                             -47-

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(9.0)
(10.0)
34:10:12:09.   Test shall  be based on average performance tests  run.   Each
              performance test shall consist of three separate  runs  using  the
              applicable test method.   Each run shall be conducted for the
              time and under the conditions specified in the applicable stand-
              ard.  For the purpose of determining compliance with an applicable
              standard, the arithmetic mean of results of the three runs shall
              apply.  In the event that a sample is accidentally lost or
              conditions occur in which one of the three runs must be dis-
              continued because of forced shutdown, failure of  an irreplaceable
              portion of the sample train, extreme meteorological conditions,
              or other circumstances,  beyond the owner or operator's control,
              compliance may, upon the department's approval, be determined
              using the arithmetic mean of the results of the two other runs.

     General  Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.
(7.0)
(10.0)
34:10:12:10.
         Compliance with  standards  - Maintenance requirements.  Compliance
         with  standards set  forth in this chapter shall be determined as
         follows:

         (1)   Compliance  with  standards  in  this chapter, other than opacity
              standards shall  be determined only by performance tests
              established for  34:10:12:04 through 34:10:12:09 inclusive;

         (2)   Compliance  with  opacity  standards in this chapter shall be
              determined  by  use of  Test  Method 9, Appendix A, 40 CFR Part
              60 as amended  by Federal Register 39872  to 39875, inclusive,
              (November 12,  1974);

         (3)   The opacity standards set  forth in this  chapter shall apply
              at all  times except during periods of startup, shutdown,
              malfunction, and as otherwise provided  in the applicable
              standard, and

         (4)   At all  times,  including  periods of startup,  shutdown, malfunc-
              tion, owners and operators shall, to the extent practicable,
              maintain and operate  any affected facility including  associated
              air pollution  control equipment in a manner  consistent with
              good air pollution  control practice for minimizing emissions.
              Determination  of whether acceptable operating and maintenance
              procedures  are being  used  will be based on information avail-
              able to the department which  may  include,  but  is  not  limited
              to, monitoring results,  opacity observations, review  of
              operating  and  maintenance  procedures,  and  inspection  of  the
              source.

General Authority:  SDCL  34-16A-12.  Law Implemented:   SDCL  34-16A-19.
(2.0)
 34:10:12:11.
         Circumvention.  No owner or operator subject to provisions of
         this chapter shall build, erect, install, or use any article,
         machine, equipment or process, the use of which conceals an emission
         which would otherwise constitute a violation of an applicable
         standard.  Such concealment includes, but is not limited to, the
                                             -48-

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(51
(51
.5)
• 6)
(51.5)
              use of gaseous diluta-nts to achieve compliance with an opacity
              standard or with a standard which is based on the concentration
              of a pollutant in the gases discharged to the atmosphere.

     General  Authority:  SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-24.

34:10:12:12.   Applicability and designation of fossil fuel fired steam gen-
              erators.  Sections 34:10:12:13 to 34:10:]*:*!, inclusive are
              applicable to each fossil fuel fired steam generating unit of
              more than sixty-three million kilo calories per hour heat input
              (two hundred fifty million BTU per hour).  Any change to an
              existing fossil fuel fired steam generating unit to accommodate
              the use of combustible materials, other than fossil fuels as
              defined in this chapter, shall not bring that unit under the
              applicability of this subpart.

     General Authority:  SDCL 34-16A-12.  Law  Implemented:  SDCL 34-16A-24.

34:10:12:13.  Standard for particulate matter  for fossil fuel fired generators.
              On and  after the date on which the  performance test required
              to be conducted by  34:10:12:04 through 34:10:12:09 inclusive
              is completed, no owner  or  operator  subject to 34:10:12:12 shall
              cause to be discharged  into the  atmosphere from any fossil  fuel
              fired steam generator gases which:

              (1)  Contain particulate matter  in  excess of 0.18 grams per million
                   calories heat  input (0.10 pound  per million British Thermal
                   Units) derived  from fossil  fuel;  and

              (2)  Exhibit greater than  twenty percent opacity except that  a maximum
                   of forty percent opacity shall be permissible for not  more
                   than  two minutes in any  hour.  Where the presence of uncom-
                   bined water  is  the only  reason for  failure  to meet the re-
                   quirements of  this paragraph,  such  failure will  not be a
                   violation  of this  section.

       General Authority:  SDCL  34-16A-12.   Law Implemented:  SDCL  34-16A-24.
 (51.6)   34:10:12:14.
                    Standard for sulfur dioxide for fossil fuel fired generators.  On
                    and after the date on which the performance test required to oe
                    conducted by 34:10:12:04 through 34:10:12:09  inclusive is completed,
                    no owner or operator subject to 34:10:12:12 shall cause to be dis-
                    charged into the atmosphere from any fossil fuel fired generator
                    facility any gases which contain sulfur dioxide in excess of:

                    (1)  1.4 grams  per million calories heat  input  (0.8  pounds per
                         million British Thermal Units) derived from liquid fossil
                         fuel; and

                    (2)  2.2 grams  per million calories heat  input  (1.2  pounds per
                         million British Thermal Units) derived from solid fossil fuel.

            General Authority:  SDCL 34-16A-12.  Law  Implemented:  SDCL 34-16A-24.
                                              -49-

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(51.6)
34:10:12:15.   Determination of sulfur dioxide standard for fossil  fuels burned
              simultaneously in combination - Formula.  When different fossil
              fuels are burned simultaneously in any combination,  the appli-
              cable standard shall be determined by proration using the following
              formula:

              y(1.4) + 2(2.2)
                            y + z
                       where:
                       "y" is the percentage of total  heat input derived from liquid
                       fossil fuel, and "z" is the percentage of total  heat input deri-
                       from solid fossil fuel.
(51.6)
     General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.

34:10:12:16.  Basis of compliance with sulfur dioxide standards for fossil fuel
              fired generators.  Compliance shall be based on the total heat
              input from all fossil fuels burned, including gaseous fuels.

     General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19
(51.6)   34:10:12:17.
              Emission and fuel monitoring for fossil fuel fired generators.   .
              There shall be installed, calibrated, maintained, and operated,
              in any fossil fuel fired steam generating unit subject to the
              provisions of this chapter, emission monitoring instruments
              as follows;

              (1)  A photoelectric or other type smoke detector and recorder,
                   except where gaseous fuel is the only fuel burned; and

              (2)  An instrument for continuously monitoring and recording sul-
                   fur dioxide emissions, except where gaseous fuel is the only
                   fuel burned, or where compliance is achieved through low sul-
                   fur fuels and representative sulfur analysis of fuels are
                   conducted daily in accordance with 34:10:12:19 and 34:10:12:20.

      General Authority:  SDCL 34-16A-12.  Law  Implemented:  SDCL 34-16A-19.
 (9.0)    34:10:12:18.
               Capability  of  instruments  and  sampling  systems.   Instruments  and
               sampling  systems  installed and used  pursuant  to  34:10:12:14 shall
               be  capable  of  monitoring emission  levels within  twenty  percent with
               a confidence level  of  ninety-five  percent  and shall  be  calibrated
               in  accordance;  with  methods prescribed by the  manufacturers recom-
               mended zero adjustment and calibration  procedures  at least once
               per twenty  four hour operating period unless  the manufacturer
               specifies or recommends calibration  at  shorter intervals,  in  which
               case such specifications or recommendations  shall  be followed.
               The applicable method  specified in Appendix  A, 40 CFR 60 shall  be
               the reference  method.

      General  Authority:  SDCL 34-16A-12. . Law Implemented:   SDCL 34-16A-19.

                                     -50-

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(51.6)    34:10:12:19.
              Sulfur content of solid fuels  sampling  methods  for  fossil  fuel
              generators.   The sulfur content of solid  fuels,  as  burned,  shall
              be determined in accordance with the  following  methods  of  ASTM:
(51.6)    34:10:12:20.
              (1)  Mechanical  sampling shall  be done  by  Method  D  2234-72;

              (2)  Sample preparation shall  be done by Method D 2013-72; and

              (3)  Sample analysis shall  be  done by Method  D 3176-74,  3180-74.

     General  Authority:   SDCL  34-16A-12.   Law Implemented:  SDCL  34-16A-19.

              Note:   Methods or specifications referenced to in this section  are
                     available by writing, America  Society  for  Testing and
                     Materials, 1916 Race Street, Philadelphia, Pennsylvania
                     19103, publication date indicated by last  two  digits,  at
                     cost of $1.75 each.

              Sulfur content of liquid fuels for fossil  fuel fired  generators.
              The sulfur content of liquid fuels, as  burned, shall  be  determined
              in accordance with ASTM Methods D-1551-68, D  129-64 (reapproved
              1968)  or D 1552-64 (reapproved 1965).
(9.0)
(13.0)
34:10:12:21.
General Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL  34-16A-19.

         Note:  Methods or specifications referenced to in  this  article
                are available by writing, America Society for Testing  and
                Materials, 1916 Race Street,  Philadelphia,  Pennsylvania, as
                published, October 28, 1971,  at a cost of $1.75  each.

         Measurement of fuel  burning rate daily - Heating value  and  ash
         content weekly - Electrical output daily - Recording.  The  rate
         of fuel burned for each fuel shall be measured daily or at  shorter
         intervals  and recorded.  The heating value and ash content  of
         fuels shall be ascertained at least once per week  and recorded.
         Where the  steam generating unit is used to generate electricity,
         the average electrical output and the minimum and  maximum
         hourly generation rate shall be measured and recorded daily.

General Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-19.
(1.0)
34:10:12:22.
         Periods of excess emissions defined.   For the purpose of reports
         required pursuant to 34:10:12:03 (3)  for fossil  fuel  fired steam
         generator units, periods of excess emissions that shall  be re-
         ported are defined as follows:

         (1)  Opacity, all hourly periods during which there are  three or
              more one-minute periods when the average opacity exceeds
              twenty percent;

         (2)  Sulfur dioxide, any two consecutive hourly periods  during
              which average sulfur dioxide emissions exceed 0.8 pound per
              million British Thermal Units heat input for liquid fossil
              fuel burning equipment; or for sources which elect  tp.con-

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(51.5)
(51.6)
(51.7)
                   duct representatives  analyses  of fuels  in  accordance with
                   34:10:12:19,  or 34:10:12:20 in lieu  of  installing  and  op-
                   erating a monitoring  device pursuant to 34:10:12:17  (1), any
                   calendar day  during which fuel analysis shows  that the
                   limits of 34:10:12:14 are exceeded.

     General  Authority:  SDCL 34-16A-12.  Law Implemented: SDCL  34-16A-19.

34:10:12:23.   Test methods and procedures for fossil  fuel  fired generators.   The
              performance tests  for determining emission of particulate matter,
              sulfur dioxide, and nitrogen oxides from  fossil  fuel  fired  steam
              generatina units and procedures under which  such performance test-
              ing shall"be conducted shall be those prescribed by 40  CFR  60.46.

     General  Authority:  SDCL 34-16A-12.  Law Implemented: 34-16A-19.
(51.9)   34:10:12:24.
              Applicability and designation of incinerators.   Sections 34:10:12:25
              to 34:10:12:27, inclusive are applicable to each incinerator capable
              of more than fifty tons per day charging rate.
              General Authority:  SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-24.
(51.9)   34:10:12:25.
                                                                                       the
              Standard for particulate matter for incinerators.  On and after
              date on which the performance test required to be conducted by
              34:10:12:04 to 34:10:12:09, inclusive is completed, no owner or op-
              erator shall cause to be discharged into the atmosphere from an
              incinerator any gases which contain particulate matter in excess
              of 0.18 milligrams per dry standard cubic meter (0.08 grains per
              dry standard cubic foot) corrected to twelve percent carbon dioxide.

     General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.
(51.9)   34:10:12:26.
              Monitoring operations for incinerators.  The owner or operator of
              any incinerator subject to 34:10:12:25 shall record the daily
              charging rates and hours of operation.
              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.
(51.9)   34:10:12:27.
              Test methods and procedures for incinerators.   The performance
              tests for determining emissions of particulate matter from
              incinerators and procedures under which such performance
              testing shall be conducted shall be those stated in 40 CFR 60.54.
               General Authority:  SDCL 34-16A-12.  Law  Implemented:  SDCL34-16A-19.
 (51.3)    34:10:12:28.
               Applicability  and  designation  of  port!and  cement  plants.  The fol-
               lowing  types of  portland  cement plants  must  comply with  34:10:12:29
               to  34:10:12:34,  inclusive:   Kiln,  clinker  cooler, raw mill  system,
               finish  mill system,  raw mill dryer,  raw material  storage, clinker
               storage,  finished  product storage,  conveyor  transfer points, bagging
               and bulk  loading and unloading systems.

      General  Authority:   SDCL  34-16A-12.   Law Implemented:   SDCL 34-16A-19.
                                              -52-

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(51.2)    34:10:12:29.   Particulate matter standards  -  Kilns.   On  and  after  the  date  on
                       which the performance test  required  to  be  conducted  by 34:10:12:04
                       to 34:10:12:09,  inclusive,  is completed, no  owner  or operator sub-
                       ject to 34:10:12:28 shall cause to be discharged  into the  atmos-
                       phere from any kiln any gases which:

                       (1)  Contain particulate matter in excess  of 0.15  kilograms  per
                            metric ton  of feed, dry  basis,  to  the kiln (0.3 pounds  per
                            ton); and

                       (2)  Exhibit greater than ten percent opacity.

              General  Authority:  SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-24.

(51.2)    34:10:12:30.   Particulate matter standards  -  Clinker  cooler.  On and  after the
                       date on which the performance test required to oe conducted  by
                       34:10:12:04 to 34:10:12:09, inclusive,  is  completed, no  owner
                       or operator subject to 34:10:12:30 shall  cause to  be discharged
                       into the atmosphere from any clinker cooler any gases which:

                       (1)  Contain particulate matter in excess  of 0.05 kilograms  per
                            metric ton of feed, dry basis,  to  the kiln (0.1 pounds  per
                            ton); and

                       (2)  Exhibit ten percent opacity, or greater.

              General Authority:  SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-24.
 (50.1.2) 34:10:12:31.
 (51.2)
              Opacity standards  for kilns  and clinker cooler.   On  and  after
              the date on which  the performance test required  to be con-
              ducted by 34:10:12:04 to 34:10:12:09,  inclusive, is  completed,
              no owner or operator subject to 34:10:12:30 shall cause  to  be
              discharged into the atmosphere from any affected facility other
              than the kiln and  clinker cooler any gases which exhibit ten per-
              cent opacity, or greater.

     General Authority:  SDCL 34-16A-12.  Law Implemented: •  SDCL 34-16A-24.
 (2.0)
34:10:12:32.
Exemption for uncombined water.  Where the presence of uncombined
water is the only reason for failure to meet the requirements
of 34:10:12:29(2), 34:10:12:30(2), and 34:10:12:31, such failure
will not be a violation of the applicable opacity standard.
               General  Authority:   SDCL  34-16A-12.   Law  Implemented:   SDCL  34-16A-24.
 (51.3)    34:10:12:33.
              Monitoring of operations for Portland cement plants.  The owner
              or operator of any portland cement plant subject to the provisions
              of 34:10:12:28 shall record the daily production rates and kiln
              feed rates.
               General  Authority:   SDCL  34-16A-12.   Law Implemented:   SDCL  34-16A-19.
                                              -53-

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(9.0)
34:10:12:34.
         Test methods and procedures.   The performance tests for determining
         emissions of participate matter from port!and cement plant kilns
         and clinker coolers and the procedures under which such performance
         testing shall be conducted shall  be those stated in 40 CFR 60.64.

General  Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.
(51.10)   34:10:12:35.
              Applicability and designation of nitric acid plants.   Sections
              34:10:12:36 to 34:10:12:40 inclusive are applicable to each
              nitric acid production unit.
              General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-24.
(51.10)   34:10:12:36.
(13.0)
              Standard for nitric acid plants.   On and after the date on which
              the performance test required to  be conducted by 34:10:12:04 to
              34:10:12:09 inclusive, is completed, no owner or operator subject
              to 34:10:12:35 shall cause to be  discharged into the atmosphere
              from any affected facility any gases which exhibit ten percent
              opacity, or greater.  Where the presence of uncombined water is
              the only reason for failure to meet the requirements of this
              subsection, such failure will not be a violation of this section.

     General Authority:  SDCL 34-16A-12.  Law Implemented:   SDCL 34-16A-24.

34:10:12:37.  Daily record of production rate and hours.  Production rate and
              hours of operation shall be recorded daily.

     General Authority:  SDCL 34-16A-12.  Law Implemented:   SDCL 34-16A-19.
(51.18)   34:10:12:38.
              Applicability and designation of sulfuric acid plants.   Sections
              34:10:12:39 to 34:10:12:44 inclusive are applicable to  each sul-
              furic acid production unit.
              General  Authority:   ADCL 34-16A-12.   Law Implemented:   SDCL 34-16A-24.
(51.18)   34:10:12:39.
              Standard for sulfur dioxide for sulfuric acid plants.   On and after
              the date on which the performance test required T.O be  conducted
              by 34:10:12:04 to 34:10:12:09 inclusive is completed,  no subject
              to 34:10:12:38 shall cause to be discharged into the atmosphere
              from any affected facility any gases which contain sulfur dioxide
              in excess of two kilograms per metric ton of acid produced (four
              pounds per ton), the production being expressed as one hundred
              percent sulfuric acid.

     General  Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-22.
(51.18)   34:10:12:40.
              Standard for acid mist for sulfuric acid plants.   On and after
              the date on which the performance test required to be conducted
              by 34:10:12:04 to 34:10:12:09 inclusive is completed, no owner
              or operator subject to 34:10:12:38 shall cause to be discharged
              into the atmosphere from any affected facility any gases which:
                                             -54-

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                       (1)  Contain acid mist, expressed as sulfuric acid in excess of
                            0.075 kilograms per metric ton of acid produced (0.15 pounds
                            per ton), the production being expressed as one hundred per-
                            cent sulfuric acid, and

                       (2)  Exhibit ten percent opacity, or greater.  Where the presence
                            of uncombined water is the only reason for failure to meet
                            the requirements of this subsection, such failure will not
                            be a violation of this section.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

(51.18)  34:10:12:41.  Emission monitoring for sulfuric acid plants.  There shall be in-
                       stalled, calibrated, maintained, and operated, in any sulfuric
                       acid production unit subject to the provisions of 34:10:12:38,
                       an instrument for continuously monitoring and recording emissions
                       of sulfur dioxide.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.

(13.0)   34:10:12:42.  Daily record of production rate and hours.   Production rate and
                       hours of operation shall be recorded daily.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.

(51.18)  34:10:12:43.  Excessive emissions defined.  For the purpose of owner or operator
                       making written reports pursuant to 34:10:12:03 (3) for sulfuric
                       acid production units, periods of excess emissions that shall be
                       reported are defined as any two consecutive hourly periods during
                       which average sulfur dioxide emissions exceed four pounds per ton
                       of acid produced.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.

(9.0)     34:10:12:44.  Test methods and procedures for sulfuric acid plants.  The
(51.18)                performance test for determirring emissions  of acid mist and
                       sulfuric dioxide from.sulfuric acid production units and  '
                       procedures under which such performance testing shall be
                       conducted shall be those stated in 40 CFR 60.35.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.

(51.8)   34:10:12:45.  Applicability and designation of asphalt concrete plants.  Sections
                       34:10:12:46 and 34:10:12:47 apply to each asphalt concrete plant.
                       An asphalt concrete plant is comprised of any combination of the
                       following:  Dryers; systems for screening;  handling, storing,
                       and weighing hot aggregate; systems for loading, transferring
                       and storing mineral filler; systems for mixing asphalt concrete;
                       and the loading, transfer, and storage systems associated with
                       emission control systems.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.
                                             -55-

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(51.8)   34:10:12:46.  Standard for participate matter for asphalt concrete plants.  On
                       and after the date on which the performance test required to be
                       conducted by 34:10:12:04 to 34:10:12:09 inclusive is completed,
                       no owner or operator subject to 34:10:12:45 shall discharge or
                       cause the discharge into the atmosphere from any affected fac-
                       ility any gases which:

                       (1)  Contain parti oil ate matter in excess of ninety milligrams
                            per dry standard cubic meter (0.04 grains per dry standard
                            cubic foot); and

                       (2)  Exhibit twenty percent opacity, or greater.  Where the pres-
                            ence  of uncombined water is the only reason for failure to
                            meet the requirements of this paragraph, such failure shall
                            not be a violation of this section.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

(51.8)   34:10:12:47.  Test methods and procedures for asphalt concrete plants.   The
(9-0)                  performance tests for determining emissions from asphalt  con-
                       crete plants and procedures under which performance testing shall
                       be conducted shall be those stated in 40 CFR 60.93 and Appendix
                       A, thereof.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.

(51.15)   34:10:12:48.  Applicability and designation of petroleum refineries.  Sections
                       34:10:12:43 to 34:10:12:60, inclusive are applicable to the fol-
                       lowing petroleum refineries:   Fluid  catalytic cracking unit
                       catalyst regenerators, fluid  catalytic cracking  unit incinerator
                       waste heat boilers,  and fuel  gas combustion devices.

              General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

(51.15)   34:10:12:49.  Standard for particulate matter for  petroleum refineries.
                       On and after the date on which the performance test required to
                       be conducted by 34:10:12:04 to 34:10:12:09, inclusive is  completed,
                       no owner or operator subject  to 34:10:12:48 shall  discharge or
                       cause the discharge  into the  atmosphere from any fluid catalytic
                       cracking-unit catalyst regenerator or from any fluid catalytic
                       cracking-unit incinerator-waste heat boiler;

                       (1)   Particulate matter in excess of 1.0 kilograms per one
                            thousand kilograms (1.0  pounds  per 1000 pounds)  of coke
                            burn-off in the catalyst regenerator; and

                       (2)   Gases  exhibiting  thirty  percent opacity or  greater,  except
                            for three minutes in any one hour.   Where the presence of un-
                            combined water  is the only reason for failure to meet the re-
                            quirements of this subsection,  such failure shall  not be a
                            violation of this section.

              General Authority:   SDCL 34-16A-12.  • Law Implemented:  SDCL 34-16A-24.

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(51.5)
(51.9)
34:10:12:50.
         Standards for particulate matter for auxiliary fossil  fuel
         in fluid catalytic cracking - waste heat boiler.In  those
         instances in which auxiliary liquid or solid fossil  fuels
         are burned in the fluid catalytic cracking unit incinerator-
         waste heat boiler, particulate matter in excess of that per-
         mitted by 34:10:12:49 emitted to the atmosphere,  except that
         the incremental  rate of particulate emissions shall  not exceed
         0.18 grams per million calories (0.10 pounds per million
         British Thermal  Units) of heat input attributable to  such
         liquid or solid fuel.

General Authority:  SDCL 34-16A-12.  Law Implemented:  34-16A-24.
(51.15)  34:10:12:51
              Standard for carbon monoxide for petroleum refineries.   On and
              after the date on which the performance test required to be
              conducted by 34:10:12:04 to 34:10:12:08 inclusive is completed,
              no owner or operator subject to 34:10:12:48 shall discharge or
              cause the discharge into the atmosphere from the fluid  catalytic
              cracking unit catalyst regenerator any gases which contain carbon
              monoxide in excess of 0.05 percent by volume.

     General Authority:  SDCL 34-16A-12.  Law Implemented:  34-16A-24.
(51.15)  34:10:12:52.
(6.0)
(51.15)
(9.0)
              Standard for sulfur dioxide for petroleum refineries.   On and
              after the date on which the performance test required  to be
              conducted by 34:10:12:04 to 34:10:12:09 inclusive is completed,
              no owner or operator subject to 34:10:12:48 shall burn in any
              fuel gas combustion device any fuel gas which contains hydrogen
              sulfide in excess of 230 milligram per dry standard cubic meter
              (0.10 grains per dry standard cubic foot) except as provided
              in 34:10:12:53.  The combustion of process upset gas in a flare,
              or the combustion in a flare of process gas or fuel gas which
              is released to the flare as a result of relief valve leakage,
              is exempt from 34:10:12:52.

     General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

34:10:12:53.  Alternative treatment of gases.  The owner or operator may elect
              to treat the gases resulting from the combustion of fuel gas in
              a manner which limits the release of sulfur dioxide to the at-
              mosphere if it is shown to the satisfaction of the department
              that this prevents sulfur dioxide emissions effectively as
              compliance with the requirements of 34:10:12:52.

     General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-24.

34:10:12:54.  Emission monitoring for petroleum refineries.   The owner or
              operator of any petroleum refinery subject to the provisions
              of 34:10:12:48 shall install, calibrate, maintain, and operate
              monitoring instruments as follows:
                                             -57-

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                       (1)   A photoelectric or other type of smoke  detector and  recorder
                            to continuously monitor and record  the  opacity  of gases  dis-
                            charged into the atmosphere from the  fluid  catalytic cracking
                            unit catalyst regenerator;

                       (2)   An instrument for continuously monitoring and recording  the
                            concentration of carbon monoxide in gases discharged into  the
                            atmosphere from fluid catalytic cracking unit catalyst  regen-
                            erators,  except where the requirements  of 34:10:12:54 (3)
                            are met:

                       (3)   Instruments for continuously monitoring and recording fire-
                            box temperature and oxygen  concentration in the exhaust  gases
                            from any  incinerator-waste  heat boiler  which combusts the
                            exhaust gases from a fluid  catalytic  cracking unit catalyst
                            regenerator except where the requirements of 34:10:12:54
                            (2) are met;

                       (4)   An instrument for continuously monitoring and recording  con-
                            centrations of hydrogen sulfide in  fuel gases burned in  any
                            fuel gas  combustion device, except  where the requirements
                            of 34:10:12:53 are met.  Fuel gas combustion devices having
                            a common  source of fuel gas may be  monitored at one  location
                            if sampling at this location produces results representative
                            of the hydrogen sulfide concentration in the fuel gas burned;

                       (5)   An instrument for continuously monitoring and recording  con-
                            centrations of sulfur dioxide in the  gases  discharged into
                            the atmosphere from the combustion  of fuel  gases except  where
                            the requirements of 34:10:12:52 are met.

              General  Authority:  SDCL 34-16A-12.  Law Implemented: SDCL 34-16A-19.

(9.0)     34:10:12:55.   Instruments and sampling systems to meet department  specifications.
                       Instruments and sampling systems installed and used  pursuant  to
                       34:10:12:53 shall be calibrated  in accordance with the method
                       prescribed by  the manufacturer of such instrument.   The instruments
                       shall be subjected to the manufacturer's recommended zero adjust-
                       ment and calibration procedures  at least once per twenty  four
                       hour operating period unless the manufacturer specifies or recom-
                       mends calibration at shorter intervals,  in which case such specif-
                       ications or recommendations shall be followed.

              General  Authority:  SDCL 34-16A-12.  Law Implemented: SDCL 34-16A-19.

(13.0)    34:10:12:56.   Daily record of average coke burn-off rate and hours of operation
(51.15)                 of petroleum refineries.The average coke burn-off  rate  (thousands
                       of kilogram per hour) and hours of operation for any fluid catalytic
                       cracking unit  catalyst regenerator subject to 34:10:12:49,
                       34:10:12:50, and 34:10:12:51 shall be recorded daily.

              General  Authority:  SDCL 34-16A-12.  Law Implemented: SDCL  34-16A-19.
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(51.9)    34:10:12:57.   Daily record of rate of combustion  for fossil  fuels  and  hours
(13/0)                 of operation at times fossil  fuels  are combusted.  For any  fluid
  i /                   catalytic cracking  unit catalyst regenerator which is subject
  '                    to 34:10:12:49 and  34:10:12:50 and  which  utilizes an incinerator-
                       waste heat boiler to combust  the exhaust  gases from  the  catalyst
                       regenerator, the owner or operator  shall  record daily the rate
                       of combustion of liquid or solid fossil fuels  in liters  per hour
                       or kilograms per hour, and the hours  of operation during which
                       liquid or solid fossil fuels  are combusted in  the incinerator waste
                       heat boiler.

              General  Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.

(50.0)    34:10:12:58.   Excessive emissions defined.  For the  purpose of reports  pursuant
                       to 34:10:12:03 (3)  for petroleum refineries, periods of  excess
                       emissions that shall be reported are  defined as follows:

                       (1)  "Opacity," all hourly periods  in which there are four  or more
                            one minute periods during which  the  average opacity of the
                            gases discharged into the atmosphere from any fluid catalytic
                            cracking unit  catalyst regenerator subject to 34:10:12:49
                            and 34:10:12:50 exceeds  thirty percent;

                       (2)  "Carbon monoxide," all hourly periods during which  the average
                            carbon monoxide concentration in the gases discharged  into
                            the atmosphere from any fluid catalytic cracking unit  catalyst
                            regenerator subject to 34:10:12:51 exceeds 0.05 percent by
                            volume or any  hourly period in which oxygen concentration
                            and firebox temperature measurements indicate  that  the average
                            concentration  of carbon monoxide in  the gases discharged
                            into the atmosphere exceeds 0.5 percent by volume for sources
                            which combust  the exhaust gases  from any  fluid  catalytic
                            cracking unit  catalyst regenerator subject to  34:10:12:51  in
                            an incinerator-waste heat boiler and for  which  the  owner  or
                            operator elected to monitor in accordance with  34:10:12:51.

                       (3)  "Hydrogen sulfide," all  hourly periods during which the average
                            hydrogen sulfide content of any fuel gas  combusted  in  any
                            fuel gas combustion device subject to 34:10:12:52 and
                            34:10:12:53 exceeds 230 milligrams per dry standard cubic
                            meter  (0.10 grains per dry standard  cubic foot) except where
                            the requirements of 34:10:12:53; and

                       (4)  "Sulfur dioxide," all hourly periods during which the average
                            sulfur dioxide emissions discharged into  the atmosphere from
                            any fuel gas combustions device subject to 34:10:12:52 and
                            34:10:12:53 exceed the level specified in 34:10:12:53, except
                            where the requirements of 34:10:12:52 are met.

              General  Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL  34-16A-19.
                                              -59-

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(9.0)
(51.15)
34:10:12:59.
         Test methods and procedures for petroleum refineries.   The perform-
         ance tests for determining emissions from petroleum refineries
         and procedures under which performance testing shall  be conducted
         shall be those stated in 40 CFR 60.106 and Appendix A thereof.

General Authority:  SDCL 34-16A-12.  Law Implemented:   SDCL 34-16A-19.
(51.16)  34:10:12:60.
              Applicability and designation of storage vessels for petroleum
              liquids.  Sections 34:10:12:61 through 34:10:12:65 apply to each
              storage vessel for petroleum liquids which has a storage capacity
              greater than 151,412 liters (40,000 gallons); except 34:10:12:61
              to 34:10:12:65 inclusive do not apply to storage vessels for
              petroleum or condensate stored, processed, treated or all three
              at a drilling and production facility prior to custody transfer.

     General Authority:  SDCL 34-16A-12.  Law Implemented:   SDCL 34-16A-24.
(51.16)   34:10:12:61.
              Standards for hydrocarbons for storage vessels for petroleum
              liquids.  The owner or operator of any storage vessel  to which
              34:10:12:60 applies shall store petroleum liquids as follows;
                       (1)  If the true vapor pressure of the petroleum liquid,  as
                            stored, is equal  to or greater than seventy-eiqht milli-
                            meters mercury (1.5 pounds per square inch  absolute)  but  not
                            oreater than 570  millimeters mercury (11.1  pounds per
                            square ir.ch absolute), the storage vessel shall  be equipped
                            with a floating roof,  a vapor recovery system,  or their
                            equivalents: and

                       (2)  If the true vapor pressure of the petroleum liquid as stored
                            is greater than 570 millimeters mercury (11.1  pounds  per
                            square inch absolute), the storage vessel shall  be equipped
                            with a vapor recovery  system or its equivalent.

              General  Authority:  SDCL 34-16A-12.   Law Implemented:  SDCL  34-16A-24.
(9.0)
(51.16)
(13.0)
(51.16)
34:10:12:62.  Monitoring of operations for'storage vessels for petroleum liquids.
              The owner or operator of any storage vessel  to which 34:10:12:60
              (1) applies shall for each such storage vessel maintain a file
              of each type of petroleum liquid stored, and a few of the typical
              Reid vapor pressure of each type of petroleum liquid stored, and
              a few of the dates of storage.  Dates on which the storage vessel
              is empty shall be shown.

     General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.

34:10:12:63.  Record of average monthly temperature and true vapor pressure.
              The owner or operator of any storage vessel  to which 34:10:12:60
              applies shall for each such storage vessel determine and record
              the average monthly storage temperature and true vapor pressure
              of the petroleum liquid stored at such temperature if:

              (1)  The petroleum liquid has a true vapor pressure, as stored,
                   greater than twenty-six millimeters mercury (0.5 pounds per
                                             -50-

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                            square  inch  absolute)  but  less  than  seventy-eight millimeters
                            mercury (1.5 pounds  per square  inch  absolute)  and is  stored
                            in a storage vessel  other  than  one equipped with a  floating
                            roof, a vapor recovery system or  their  equivalents; or

                       (2)   The petroleum liquid has a true vapor pressure, as  stored,
                            greater than 470 millimeters mercury (9.1  pounds per  square
                            inch absolute)  and  is  stored in a storage  vessel other  than
                            one equipped with a  vapor  recovery  systems or  its equivalent.

              General  Authority: SDCL 34-16A-12.   Law Implemented:  SDCL  34-16A-19.

(1.0)     34:10:12:64.   Average monthly temperature defined.   The average monthly  storage
                       temperature  is  an arithmetic average calculated for each calendar
                       month,  or portion thereof if storage is for  less than a month,
                       from bulk liquid  storage  temperatures  determined at least  once
                       every seven  days.

              General  Authority: SDCL 34-16A-12.   Law Implemented:  SDCL  34-16A-19.

(2.0)     34:10:12:65.   Determination of  true vapor pressure.  The true vapor pressure
                       shall be determined  by the  procedures  in  American Petroleum
                       Institute Bulletin 2517.   This  procedure  is  dependent upon deter-
                     •  mi nation of  the storage  temperature  and the  Reid vapor pressure,
                       which requires  sampling  of  the  petroleum  liquids in the  storage
                       vessels.  Unless  the department requires  in  specific cases that the
                       stored  petroleum  liquid  be  sampled,  the true vapor  pressure  may be.
                       determined by using  the  average monthly storage temperature
                       and  the typical Reid vapor  pressure.   For those liquids  for  which
                       certified specifications  limiting the  Reid vapor pressure  exist,
                      .that Reid vapor pressure  may be used.  For other liquids,
                       supporting analytical data  must be made available on request by
                       the  department  when  typical Reid vapor pressure is  used.

                    .   Gee  Note 2 after  34:10:12:02.

              General  Authority: SDCL 34-16A-12.   Law Implemented: 34-16A-19.

(51.11)  34:10:12:66.   Applicability and designation of secondary lead smelters.  Sections
                       34:10:12:67  through  34:10:12:70 inclusive are applicable to  the
                       following secondary  lead  smelters:   Pot furnaces of more than
                       250  kilograms (550 pounds)   charging capacity,  blast (cupola) furnaces.
                       and  reverberatory furnaces.

              General  Authority: SDCL 34-16A-12.   Law Implemented:  SDCL  34-16A-24.
(51.4)    34:10:12:67.
Standard for particulate matter for blast and reverberatory
furnace.   On and after the date on which the performance test
required to be conducted by 34:10:12:06 (3) is completed, no
owner or operator subject to 34:10:12:66 shall discharge or cause
the discharge into the atmosphere from a blast (cupola) or rever-
beratory furnace any gases which:
                                             -PI-

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                       (1)   Contain participate matter in excess  of fifty milligrams
                            per dry standard cubic meter (0.022 grains  per dry standard
                            cubic foot; and

                       (2)   Exhibit twenty percent opacity or greater.

              General  Authority:   SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-24.

(50.1.2)  34:10:12:68.   Opacity standards for pot furnace.  On and after the date on which
                       the  performance test required to be conducted by 34:10:12:04
(51.4)
                       through 34:10:12:09 inclusive is  completed,  no owner or operator
                       subject to 34:10:12:06 shall  discharge or cause the discharge
                       into the atmosphere from any  pot  furnace any gases  which exhibit
                       ten percent opacity or greater.

              General  Authority:   SDCL 34-16A-12.  Law  Implemented:   SDCL  34-16A-24.
(2.0)
         34:10:12:69.
                       No violation for uncombined water.   Where the presence of uncom-
                       bined water is the only reason for  failure to meet the requirements
                       of 34:10:12:72 (2) and 34:10:12:73, such failure shall not be a
                       violation.

              General  Authority:   SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-24.

(51.11)   34:10:12:70.   Test methods and procedures for secondary lead smelters.   The
                       performance fests for determining emissions from secondary lead
                       smelters and procedures under which secondary lead smelters and
                       procedures  under which performance  testing shall be conducted shall
                       be those stated in 4U CFR 60.123 and Appendix A, thereof.

              General  Authority:   SDCL 34-16A-12.   Law Implemented:   34-16A-19.
                       Applicability and designation of secondary brass  and bronze ingot
                       productionnpTants":Sections  34:10:12:77  through  34:10:12:80
(51.4)    34:10:12:71.

                       are applicable to the following secondary brass  or bronze ingot
                       production plants; reverberatory and electric furnaces  of one
                       thousand kilograms (2,205 pounds)  or greater production capacity
                       and blast or cupola furnaces  of 250 kilograms per hour  (550 pounds
                       per hour) or greater production capacity.

              General  Authority:  SDCL 34-16A-12.   Law Implemented:  SDCL 34-16A-24.

(51.5)    34:10:12:72.   Standard for particulate matter for reverberatory furnace.   On and
                       after the date on w"nTcn~~In"e~performance test required to Be" con-
                       ducted by 34:10:12:04 through 34:10:12:09,  inclusive is completed,
                       no owner or operator subject  to 34:10:12:71  shall discharge or
                       cause the discharge into the  atmosphere from a reverberatory fur-
                       nace any gases which:

                       (1)  Contain particulate matter in excess of fifty milligrams per
                            dry standard cubic meter (0.022 grains  per dry standard cubic
                            foot); or
                                             -62-

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                       (2)   Exhibit twenty percent opacity  or  greater.

              General  Authority:   SDCL  34-16A-12.   Law Implemented:   SDCL  34-16A-24.
(50.1.2)  34:10:12:73.
(51.4)
(2.0)
(9.0)
(51.4)
                       Op
                       th
           acity standards for blast and electric furnaces.   On and after
           e date on which the performance test required to  be conducted
         by 34:10:12:04 to 34:10:12:09 inclusive is completed, no owner
         or operator subject to 34:10:12:71 shall discharge  or cause the
         discharge into the atmosphere from any blast (cupola) or electric
         furnace any gases which exhibit ten percent opacity or greater.

General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL  34-16A-24.
         34:10:12:74.   No violation for uncombined steam.	Where the  presence  of uncombined
                       water is  the only reason for failure  to  meet the  requirements  of
                       34:10:12:72 (2)  and 34:10:12:73 such  failure shall  not  be a
                       violation.

              General  Authority:   SDCL  34-16A-12.   Law Implemented:  SDCL  34-16A-24.

(9.0)     34:10:12:75.   Test methods and procedures for secondary brass and bronze ingot
(51.4)                  production  plants.TEe performance tests for  determining emissions
                       from secondary brass and bronze ingot production  plants and pro-
                       cedures under which performance testing  shall  be  conducted shall
                       be those  stated  in 40 CFR 60.133 and  Appendix  A,  therof.

              General  Authority:   SDCL  34-16A-12.   Law Implemented:  SDCL  34-16A-19.
(51.4)   34:10:12:76.
                       Applicability and designation of iron and steel  plants.   Sections
                       34:10:12:77 through 34:10:12:78 apply to each basic oxygen pro-
                       cess furnace.
              General Authority:  SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-24.
(51.4)   34:10:12:77.
                       Standard for particulate matter for iron and steel  plants.   On and
                       after the date on which the performance test required to be con-
                       ducted by 34:10:12:04 to 34:10:12:09, inclusive is  completed,  no
                       owner or operator subject to 34:10:12:76 shall  discharge or cause
                       the discharge into the atmosphere from any affected facility any
                       gases which contain particulate matter in excess of fifty milli-
                       grams per dry standard cubic meter (0.022 grains per dry standard
                       cubic foot).

               General Authority:  SDCL 34-lbA-lk:.  Law Implemented:  SDCL 34-lbA-24.
         34:10:12:78.
         Test methods and procedures for iron and steel plants.  The
         performance tests for determining emissions from iron and steel
         plants and procedures under which performance testing shall be
         conducted shall be those stated in 40 CFR 60.144 and Appendix A.:
         thereof.

 General Authority:  SDCL 34-16A-12.  Law Implemented:  SDCL 34-16A-19.
                                             -63-

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(51.9)    34:10:12:79.
(51.5
(51.9
(9.0)
(51.9)
(9.0)
(51.9)
              Applicability and designation of sewage treatment plants.   Sections
              34:10:12:80 through 34:10:12:82 apply to each incinerator which
              burns the sludge produced by municipal  sewage treatment facilities.
     General Authority:  SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-24.

34:10:12:80.  Standard for particulate matter for sewage treatment plants.   On
              and after the date on which the performance test required to  be
              conducted by 34:10:12:04 to 34:10:12:09 inclusive is completed,
              no owner or operator of any sewage sludge incinerator subject to
              34:10:12:79 shall discharge or cause the discharge into the atmos-
              phere of:

              (1)  Particulate matter at a rate in excess of 0.65 grams per
                   kilogram dry sludge input (1.30 pounds per ton dry sludge
                   input);

              (2)  Any gases which exhibit twenty percent opacity or greater.
                   Where the presence of uncombined water is the only reason
                   for failure to meet the requirements of this paragraph,  such
                   failure shall not be a violation of this subsection.

     General Authority:  SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-24.

34:10:12:81.  Monitoring of operations for sewage treatment plants.  The owner
              or operator of any sludge incinerator subject to 34:10:12:79
              shall:

              (1)  Install, calibrate, maintain, and operate a flow measuring
                   device which can be used to determine either the mass or
                   volume of sludge charged to the incinerator.  The flow
                   measuring device shall have an accuracy of plus or minus
                   five percent over its operating range;

              (2)  Provide access to the sludge charged so that a well mixed
                   representative grab sample of the sludge can be obtained.

     General Authority:  SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-19.

34:10:12:82.  Test methods and procedures for sewage treatment plants.  The
              performance tests for determining emissions from sewage treat-
              ment plants and procedures under which performance testing shall
              be conducted shall be those stated in 40 CFR 60.154 and Appendix
              A, thereof.

     General Authority:  SDCL 34-16A-12.   Law Implemented:   SDCL 34-16A-19.

We, the undersigned members of the board of environmental protection hereby
adopt the attached rules which amend chapters 34:10:01, 34:10:02, 34:10:04,
34:10:05, 34:10:06, and hereby repeal existing chapters 34:10:08, 34:10:09,
34:10:10 and 34:10:11 of ARSD. and hereby adopt new rules, which are attached
as chapter 34:10:12.
                                             -64-

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FEDERALLY PROMULGATED



    REGULATIONS
       if

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(10.0)     52.2176   Review of New or  Modified  Indirect  Sources

            (b)  Regulation for Review of New or Modified Indirect Sources

                 (1)  All terms used in this paragraph but not specifically defined
                      below shall have the meaning given them in 52.01  of this chapter.

                      (i)     The term "indirect source" means a facility, building,
                              structure, or installation which attracts or may attract
                              mobile source activity that results in emissions of a
                              pollutant for which there is a national standard.  Such
                              indirect sources include, but are not limited to:

                              (a)  Highways and roads.

                              (b)  Parking facilities.

                              (c)  Retail, commercial  and industrial facilities.

                              (d)  Recreation, amusement, sports and entertainment
                                   facilities.

                              (e)  Airports.

                              (f)  Office and Government buildings.

                              (g)  Apartment and condominium buildings.

                              (h)  Education facilities.

                      (ii)    The term "Administrator" means the Administrator of the
                              Environmental Protection Agency or his designated agent.

                      (iii)   The term "associated parking area" means a parking facil-
                              ity or facilities owned and/or operated in conjunction
                              with an indirect source.

                      (iv)    The term "aircraft operation" means an aircraft take-off
                              or landing.

                      (v)     The phrase "to commence construction" means to engage in
                              a continuous program of on-site construction including
                              site clearance, grading, dredging, or land filling specif-
                              ically designed for an indirect source in preparation for
                              the fabrication, erection, or installation of the build-
                              ing components of the indirect source.  For the purpose
                              of this paragraph, interruptions resulting from acts of
                              God, strikes, litigation, or other matters beyond the
                              control of the owner shall be disregarded in determining
                              whether a construction or modification program is contin-
                              uous.
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     (vi)    The phrase  "to commence modification" means to engage in
            a continuous program of on-site modification, including
            site clearance, grading, dredging, or land filling in
            preparation for specific modification of the indirect
            source.

     (vii)   The term  "highway section" means the development propo-
            sal of  a  highway of substantial length between logical
            termini  (major crossroads, population centers, major
            traffic generators, or similar major highway control ele-
            ments)  as normally included  in a single location study or
            multi-year  highway improvement program as set forth in
            23 CFR  770.201 (38 FR 31677).

     (viii)  The term  "highway project" means all or a portion of a
            highway section which would  result in a specific con-
            struction contract.

     (ix)    The term "Standard Metropolitan Statistical Area (SMSA)"
            means such  areas as designated by the U.S. Bureau of the
            Budget  in the following publication:  "Standard Metro-
            politan Statistical Area," issued in 1967, with subse-
            quent amendments.

(2)   The requirements  of this paragraph are applicable to the follow-
     ing:

     (i)     In an SMSA:

             (a)  Any new  parking  facility or other  new indirect
                 source with an associated parking  area, which has a
                 new parking capacity of 1,000 cars or more;,  or

             (b)  Any modified  parking facility,  or  any modification
                 of an  associated parking area,  which  increases
                 parking  capacity by 500 cars or more;   or

             (c)  Any new  highway  project with an anticipated average
                 annual daily  traffic volume of  20,000 or more vehi-
                 cles per day  within ten years of construction;  or

             (d)  Any modified  highway project which will  increase
                 average  annual  daily traffic volume  by  10,000 or
                 more vehicles per day within ten years  after modifi-
                  cation.

     (ii)    Outside an  SMSA:

             (a)   Any new parking facility,  or other new  indirect
                  source with  an  associated  parking  area, which  has
                  a  parking capacity of  2,000  cars  or more;   or
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             (b)   Any modified  parking  facility, or  any modification
                  of an  associated  parking area, which increases park-
                  ing capacity  by 1,000  cars or more.

     (iii)    Any  airport,  the construction or general modification
             program of  which is expected to result  in the following
             activity within ten years  of construction or modifica-
             tion:

             (a)   New airport:  50,000  or more operations per year by
                  regularly scheduled air carriers,  or use by 1,600,000
                  or more  passengers per year.

             (b)   Modified airport:  Increase of 50,000 or more opera-
                  tions  per year by regularly scheduled air carriers
                  over the existing volume of operations, or increase
                  of 1,600,000  or more  passengers  per year.

     (iv)     Where an indirect  source is constructed or modified in
             increments  which individually are not subject to review
             under this  paragraph,  and  which are not part of a program
             of construction or modification in planned incremental
             phases approved by the Administrator, all such increments
             commenced after December 31, 1974, or after the latest
             approval hereunder, whichever date is most recent, shall
             be added together  for  determining the applicability of
             this paragraph.

(3)   No owner or operator  of an indirect source subject to this para-
     graph  shall  commence  construction  or modification of such source
     after  December 31,  1974, without first obtaining approval from
     the Administrator.  Application for approval  to construct or mod-
     ify shall  be by means prescribed by the Administrator, and shall
     include a copy of any draft or final environmental impact state-
     ment which has been prepared pursuant to the  National Environmen-
     tal Policy Act (42  U.S.C.  4321).   If not included in such environ-
     mental  impact statement, the Administrator may  request the follow-
     ing information:

     (i)     For all  indirect sources subject to this paragraph, other
             than highway  projects:

             (a)   The name and  address  of the applicant.

             (b)   A map  showing the location of the  site of indirect
                  source and the topography of the area.

             (c)   A description of  the  proposed use  of the site, in-
                  cluding  the normal hours of operation of the facil-
                  ity, and the  general  types of activities to be op-
                  erated therein.
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        (d)  A site plan showing the location of associated
            parking areas, points of motor vehicle ingress and
            egress to and from the site and its associated
            parking areas, and the location and height of
            buildings on the site.

        (e)  An identification of the principal roads, highways,
            and  intersections that will be used by motor vehi-
            cles moving to or from the indirect source.

        (f)  An estimate, as of the first year after the date
            the  indirect source will be substantially complete
            and  operational, of the average daily traffic vol-
            umes, maximum traffic volumes for one-hour and
            eight-hour periods, and vehicle capacities of the
            principal roads, highways, and intersections iden-
            tified pursuant to subdivision (i) (e) of this sub-
            paragraph located within one-fourth mile of all
            boundaries of the site.

        (g)  Availability of existing and projected mass transit
            to service the site.

        (h)  Where approval is sought for indirect sources to be
            constructed in incremental phases, the information
            required by this subparagraph (3) shall be submitted
            for  each phase of the construction project.

        (i)  Any  additional information or documentation that the
            Administrator deems necessary to determine the air
            quality  impact of the indirect source, including the
            submission of measured air quality data at the pro-
            posed site prior to construction or modification.
(ii)     For airports:
        (a)   An estimate of the  average  number and  maximum number
             of aircraft operations  per  day by type of aircraft
             during the first, fifth and tenth years after the
             date of expected completion.

        (b)   A description of the commercial,  industrial,  resi-
             dential and other development that the applicant
             expects will occur  within three miles  of the  perim-
             eter of the airport within  the first five and the
             first ten years after the date of expected comple-
             tion.

        (c)   Expected passenger  loadings at the airport.

        (d)   The information required under subdivisions  (i)  (a)
             through (i) of this subparagraph.
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     (iii)    For  highway  projects:

             (a)  A  description  of  the  average and maximum  traffic
                 volumes for  one,  eight, and 24-hour time  periods
                 expected within 10 years of date of expected comple-
                 tion.

             (b)  An estimate  of vehicle speeds  for average and maxi-
                 mum traffic  volume conditions  and the  vehicle capac-
                 ity of  the highway project.

             (c)  A  map showing  the location of  the highway project,
                 including the  location of buildings along the right-
                 of-way.

             (d)  A  description  of  the  general features  of  the high-
                 way project  and associated right-of-way,  including
                 the approximate height of buildings adjacent to the
                 highway.

             (e)  Any additional information or  documentation that the
                 Administrator  deems necessary  to determine the air
                 quality impact of the indirect source,  including the
                 submission of  measured air quality data at the pro-
                 posed site prior  to construction or modification.

     (iv)     For  indirect sources other than airports and those high-
             way  projects subject to the provisions of paragraph (b)
             (6)  (iii) of this section, the air  quality  monitoring re-
             quirements of paragraph (b) (3) (i) (i) of  this section
             shall be limited  to carbon monoxide, and shall be con-
             ducted  for a period of not more than 14 days.

(4)   (i)      For  indirect sources other than highway projects and air-
             ports,  the Administrator shall not  approve  an  application
             to construct or modify if  he determines that the indirect
             source  will:

             (a)  Cause a violation of  the control strategy of any
                 applicable state  implementation plan;   or

             (b)  Cause or exacerbate a violation of the national stan-
                 dards for carbon  monoxide in any region or portion
                 thereof.

     (ii)     The  Administrator shall make the  determination pursuant
             to paragraph (b)  (4)  (i)  (b) of this section by evaluat-
             ing  the anticipated concentration of carbon monoxide at
             reasonable receptor or exposure sites which will be af-
             fected  by the mobile source activity expected  to be at-
             tracted by the  indirect source.   Such determination may
             be made by using  traffic  flow characteristic guidelines
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             published  by  the  Environmental  Protection Agency which
             relate  traffic  demand  and  capacity  considerations  to am-
             bient carbon  monoxide  impact, by  use of appropriate at-
             mospheric  diffusion models (examples of which are  refer-
             enced in Appendix 0 to Part 51  of this chapter), and/or
             by  any  other  reliable  analytic  method.  The  applicant
             may (but need not) submit  with  his  application, the re-
             sults of an appropriate diffusion model and/or any other
             reliable analytic method,  along with the technical data
             and information supporting such results.  Any such results
             and supporting  data submitted by  the applicant shall be
             considered by the Administrator in  making his determina-
             tion pursuant to  paragraph (b)  (4)  (i)  (b) of this sec-
             tion.

(5)   (i)      For airports  subject  to this paragraph, the  Administrator
             shall base his  decision on the  approval or disapproval of
             an  application  on the considerations to be published as
             an  Appendix  to  this  Part.

     (ii)    For highway  projects  and parking  facilities  specified
             under paragraph (b)  (2) of this section which are  assoc-
             iated with airports,  the requirements  and  procedures
             specified  in  paragraphs (b) (4) and (6)  (i)  and  (ii) of
             this section  shall be met.

(6)   (i)      For all highway projects subject  to this  paragraph,  the
             Administrator shall  not approve an  application  to  con-
             struct or modify  if he determines that the indirect source
             will:

             (a)  Cause a violation of the control  strategy  of any  ap-
                  plicable state implementation  plan;   or

             (b)  Cause or exacerbate a violation of the  national  stan-
                  dards for carbon monoxide in any region or portion
                  thereof.

     (ii)    The determination pursuant to paragraph (b)  (6)  (i)  (b)
             of this section shall be made by evaluating the anticipa-
             ted concentration of carbon monoxide at reasonable  re-
             ceptor or exposure sites which will be affected by the
             mobile source activity expected on the highway for the ten
             year period following the expected date of completion ac-
             cording to the procedures specified in paragraph  (b) (4)
             (ii) of this section.

     (iii)   For new highway projects  subjsct to this paragraph with
             an anticipated average daily traffic volume of 50,000 or
             more vehicles within ten years of construction, or mod-
             ifications to highway projects subject to this paragraph
             which will increase average daily traffic volume by 25,000


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             or more vehicles  within  ten years  after modification,  the
             Administrator's decision on the approval  or disapproval
             of an application shall  be based on  the considerations to
             be published as an Appendix to  this  Part in addition to
             the requirements  of paragraph  (b)  (6)  (i)  of this  section.

(7)   The determination of the  air quality  impact  of a proposed  indi-
     rect source "at reasonable receptor or  exposure sites", shall  mean
     such locations where people might reasonably be exposed for time
     periods  consistent with the national  ambient air quality standards
     for the  pollutants specified for analysis  pursuant to this para-
     graph .

(8)   (i)     Within 20 days after receipt  of an application or  addition
             thereto, the Administrator shall advise the owner  or opera-
             tor of any deficiency in the  information submitted in  sup-
             port of the application. In  the event of such a defi-
             ciency, the date  of receipt of  the application for the
             purpose of paragraph (b) (8)  (ii)  of this  section  shall
             be the date on which all required  information is received
             by the Administrator.

     (ii)    Within 30 days after receipt  of a  complete application,
             the Administrator shall:

             (a)  Make a preliminary  determination  whether the  indirect
                  source should be approved, approved with conditions
                  in accordance with  paragraphs (b) (9) or (10) of  this
                  section, or  disapproved.

             (b)  Make available in at least one  location in each re-
                  gion in which the proposed indirect source would  be
                  constructed, a copy of all materials  submitted by the
                  owner or operator,  a copy  of  the  Administrator's
                  preliminary  determination, and  a  copy or summary  of
                  other materials, if any, considered by the Adminis-
                  trator in making his preliminary  determination;   and

             (c)  Notify the public,  by prominent advertisement in  a
                  newspaper of general circulation  in each region in
                  which the proposed  indirect source would be con-
                  structed, of the opportunity  for  written public com-
                  ment on the  information  submitted by the owner or
                  operator and the Administrator's  preliminary  deter-
                  mination on  the approvability of  the indirect source.

     (iii)   A copy of the notice required pursuant to this subpara-
             graph shall be sent to the applicant and to officials
             and agencies having cognizance  over  the location where
             the indirect source will be  situated,  as follows:   State
             and local air pollution  control agencies, the chief exec-
             utive of the city and county;   any comprehensive  regional


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            land use planning agency;  and for highways, any local
            board or cotnnittee charged with responsibility for activ-
            ities in the conduct of the urban transportation planning
            process (3-C process) pursuant to 23 U.S.C. 134.

     (iv)    Public comments submitted in writing within 30 days after
            the date such information is made available shall be con-
            sidered by the Administrator in making his final decision
            on the application.  No later than 10 days after the close
            of the public comment period, the applicant may submit a
            written response to any comments submitted by the public.
            The Administrator shall consider the applicant's response
            in making his final decision.  All comments shall be made
            available for public inspection in at least one location
            in the region in which the indirect source would be lo-
            cated.

     (v)     The Administrator shall take final action on an applica-
            tion within 30 days after the close of the public comment
            period.  The Administrator shall notify the applicant in
            writing of his approval, conditional approval, or denial
            of the application, and shall set forth his reasons for
            conditional approval or denial.  Such notification shall
            be made available for public inspection in at least one
            location in the region in which the indirect source would
            be located.

     (vi)    The Administrator may extend each of the time periods
            specified in paragraphs  (b)  (8)  (ii),  (iv), or  (v) of
            this section by no more than 30 days, or such other peri-
            od as agreed to by the applicant and the Administrator.

(9)  (i)     Whenever an indirect source  as proposed by an owner or
            operator's application would not be permitted to be con-
            structed for failure to meet the tests set forth pursuant
            to paragraphs  (b)  (4)  (i),  (b) (5)  (i), or  (b)  (6)  (i)
            and  (iii) of this section, the Administrator may impose
            reasonable conditions on an  approval related to the air
            quality aspects of the proposed  indirect source so that
            such source, if constructed  or modified in accordance
            with such conditions, could  meet the tests set  forth
            pursuant to  paragraphs  (b)  (4)  (i),  (b)  (5)  (i), or  (b)
             (6)  (i) and  (iii) of this  section.  Such conditions may
             include, but not  be  limited  to:

             (a)   Binding commitments to  roadway  improvements or ad-
                 ditional  mass transit  facilities  to serve  the  in-
                  direct  source secured by the  owner or operator from
                  governmental agencies having  jurisdiction  thereof;

             (b)   Binding commitments by  the  owner  or operator  to
                  specific  programs  for mass  transit  incentives  for
                  employees  and.patrons of the  source;   and

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              (c)   Binding  commitments  by  the  owner or operator  to  con-
                   struct,  modify,  or operate  the  indirect  source in
                   such  a manner as may be necessary to  achieve  the
                   traffic  flow characteristics  published by  the Envi-
                   ronmental  Protection Agency pursuant  to  paragraph
                   (b)  (4)  (ii) of  this section.

      (ii)     The  Administrator may specify that any items  of informa-
              tion provided in  an application  for  approval  related  to
              the  operation of  an indirect source  which  may affect  the
              source's  air  quality  impact  shall  be considered permit
              conditions.

(10)   Notwithstanding the provisions relating  to modified indirect
      sources contained in  paragraph (b) (2) of  this section, the Ad-
      ministrator  may condition any approval by  reducing the  extent to
      which the indirect source may be  further modified  without  resub-
      mission for  approval  under this paragraph.

(11)   Any owner or operator who fails to construct an indirect source
      in accordance with the application as approved by  the Administra-
      tor;   any owner or operator who fails to construct and  operate an
      indirect source in accordance with conditions imposed by the  Ad-
      ministrator  under paragraph (b) (9)  of this  section;  any  owner
      or operator  who modifies  an indirect source  in violation of con-
      ditions imposed by the Administrator under paragraph  (b) (10) of
      this  section;  or any owner or operator  of an indirect  source
      subject to this paragraph who commences  construction  or modifi-
      cation thereof after  December 31, 1974,  without applying for  and
      receiving approval hereunder, shall  be subject to  the penalties
      specified under section 113 of the Act and shall be considered in
      violation of an emission  standard or limitation under section 304
      of the Act.   Subsequent modification to  an approved indirect
      source may be made without applying for  permission pursuant to
      this  paragraph only where such modification  would  not violate any
      condition imposed pursuant to paragraphs (b) (9) and  (10)  of  this
      section and  would not be  subject  to the  modification  criteria set
      forth in paragraph (b) (2) of this section.

(12)   Approval to  construct or  modify shall become invalid  if construc-
      tion or modification  is not commenced within 24 months  after  re-
      ceipt of such approval.  The  Administrator may extend such time
      period upon  satisfactory  showing  that an extension is justified.
      The applicant may apply for such  an extension at the  time  of  ini-
      tial  application  or  at any time thereafter.

(13)   Approval to  construct or  modify shall not  relieve  any owner or
      operator of  the responsibility to comply with the  control  strategy
      and all local, State  and  Federal  regulations which are  part of  the
      applicable State  implementation plan.
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(14)   Where the Administrator delegates  the responsibility for imple-
      menting the procedures  for conducting indirect source review pur-
      suant to this paragraph to any agency, other than a regional of-
      fice of the Environmental  Protection Agency, the following pro-
      visions shall apply:

      (i)     Where the agency designated is not an air pollution
              control  agency, such agency shall  consult the appropri-
              ate State or local air pollution control agency prior to
              making any determination required by paragraphs (b) (4),
              (5), or (6) of this section.  Similarly, where the agency
              designated does not have continuing responsibilities for
              land use planning, such agency shall consult with the
              appropriate State or local land use and transportation
              planning agency prior to making any determination re-
              quired by paragraph (b) (9) of this section.

      (ii)    The Administrator of the Environmental Protection Agency
              shall conduct the indirect source review pursuant to
              this paragraph for any indirect source owned or operated
              by the United States Government.

      (iii)   A copy of the notice required pursuant to paragraph (b)
              (8)  (ii) (c) of this section shall be sent to the Admin-
              istrator through the appropriate Regional Office.

(15)  In any area  in which a "management of parking supply" regulation
      which has been promulgated by the Administrator is in effect, in-
      direct sources which are subject to review under the terms of such
      a regulation shall not be required to seek review under this para-
      graph but instead shall be required to seek review pursuant to
      such management of parking supply regulation.  For purposes of
      this paragraph, a "management of parking supply" regulation shall
      be any regulation promulgated by the Administrator as part of a
      transportation control plan pursuant to the Clean Air Act which
      requires that any new or modified facility containing a given num-
      ber of parking spaces shall receive a permit or other prior approv-
      al, issuance of which is to be conditioned on air quality consid-
      erations.

(16)  Notwithstanding any of the foregoing provisions to the contrary,
      the operation of this paragraph is hereby suspended pending fur-
      ther notice.  No facility which commences construction prior to
      the expiration of the sixth month after the operation of this para-
      graph is reinstated (as to that type of facility) shall be subject
      to this paragraph.

      (37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
       1975;  40 FR 40160, Sept. 2, 1975)
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(17.0)    52.2178  Prevention  of Significant Deterioration

           (b)  Definitions.  For the purposes of this section:

                (1)  "Facility" means an identifiable piece of process equipment.  A
                     stationary source is composed of one or more pollutant-emitting
                     facilities.

                (2)  The phrase "Administrator" means the Administrator of the Envi-
                     ronmental Protection Agency or his designated representative.

                (3)  The phrase "Federal Land Manager" means the head, or his desig-
                     nated representative, of any Department or Agency of the Fed-
                     eral Government which administers federally-owned land, includ-
                     ing public domain lands.

                (4)  The phrase "Indian Reservation" means any federally-recognized
                     reservation established by Treaty, Agreement, Executive Order,
                     or Act of Congress.

                (5)  The phrase "Indian Governing Body" means the governing body of
                     any tribe, band, or group of Indians subject to the jurisdiction
                     of the United States and recognized by the United States as pos-
                     sessing power of self-government.

                (6)  "Construction" means fabrication, erection or installation of a
                     stationary source.

                (7)  "Commenced" means that an owner or operator has undertaken a
                     continuous program of construction or modification or that an
                     owner or operator has entered into a contractual obligation to
                     undertake and complete, within a reasonable time, a continuous
                     program of construction or modification.

           (c)  Area designation and deterioration increment

                (1)  The provisions of this paragraph have been incorporated by ref-
                     erence into the applicable implementation plans for various
                     States, as provided in Subparts B through ODD of this part.  Where
                     this paragraph is so incorporated, the provisions shall also be
                     applicable to all lands owned by the Federal Government and In-
                     dian Reservations located in such State.  The provisions of this
                     paragraph do not apply in those counties or other functionally
                     equivalent areas that pervasively exceeded any national ambient
                     air quality standards during 1974 for sulfur dioxide or particu-
                     late matter and then only with respect to such pollutants.
                     States may notify the Administrator at any time of those areas
                     which exceeded the national standards during 1974 and therefore
                     are exempt from the requirements of this paragraph.
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(2)   (i)      For purposes  of this paragraph,  areas  designated as  Class
             I or II  shall  be limited to  the  following increases  in
             pollutant concentration occurring since January 1,  1975:

                                 Area Designations
Pollutant
Parti cul ate natter:
Annual geometric mean 	
24-hr maximum 	
Sulfur dioxide:
Annual arithmetic mean 	
24-hr maximum 	
3-hr maximum 	

Class I
(ug/m3)
	 5
	 10
	 2
	 5
	 25

Class II
(ug/m3)
10
30
15
100
700

     (ii)    For purposes of this paragraph, areas designated as Class
             III'shall be limited to concentrations'of" pa'rti'cul ate
             matter and sulfur dioxide no greater than the national
             ambient air quality standards.

     (iii)   The air quality impact of sources granted approval  to
             construct or modify prior to January 1, 1975 (pursuant to
             the approved new source review procedures in the plan)
             but not yet operating prior to January 1, 1975, shall not
             be counted against the air quality increments specified
             in paragraph (c) (2) (i) of this section.

(3)  (i)     All areas are designated Class II as of the effective
             date of this paragraph.  Redesignation may be proposed by
             the respective States, Federal Land Manager, or Indian
             Governing Bodies, as provided below, subject to approval
             by the Administrator.

     (ii)    The State may submit to the Administrator a proposal to
             redesignate areas of the State Class I, Class II, or
             Class III, provided that:

             (a)  At least one public hearing is held in or near the
                  area affected and this public hearing is held in
                  accordance with procedures established in 51.4 of
                  this chapter, and

             (b)  Other States, Indian Governing Bodies, and Federal
                  Land Managers whose lands may be affected by the
                  proposed redesignation are notified at least 30 days
                  prior to the public hearing, and
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        (c)   A discussion  of the reasons  for the proposed redes-
             ignation  is available for public inspection  at least
             30 days  prior to the hearing and the notice  announc-
             ing the  hearing contains  appropriate notification  of
             the availability of such  discussion, and

        (d)   The proposed  redesignation is based on  the record  of
             the State's hearing, which must reflect the  basis
             for the  proposed redesignation, including consider-
             ation of (1)   growth anticipated in the area,  (2)
             the social, environmental, and economic effects of
             such redesignation upon the area being  proposed for
             redesignation and upon other areas  and  States, and
             (3)  any impacts of such  proposed redesignation upon
             regional  or national interests.

        (e)   The redesignation is proposed after consultation
             with the elected leadership of local and other sub-
             state general purpose governments in the area cov-
             ered by  the proposed redesignation.

(i1i)   Except as provided in paragraph (c) (3)  (iv) of this
        section, a State in which lands owned by the Federal Gov-
        ernment are located may submit to the Administrator a
        proposal to redesignate such lands Class I,  Class II, or
        Class III in  accordance with subdivision (ii) of this
        subparagraph  provided that:

        (a)   The redesignation is consistent with adjacent State
             and privately owned land, and

        (b)   Such redesignation is proposed after consultation
             with the Federal Land Manager.

(iv)    Notwithstanding subdivision (iii) of this subparagraph,
        the  Federal Land Manager may submit to the Administrator
        a proposal to redesignate any  Federal lands  to a more
        restrictive designation than would otherwise to applic-
        able provided that:

        (a)   The Federal Land Manager  follows procedures equiv-
             alent to those required of States under paragraph
             (c) (3)  (ii)  and,

        (b)   Such redesignation is proposed after consultation
             with the State(s) in which the Federal  Land is lo-
             cated or which border the Federal Land.

(v)     Nothing in this section is. intended to convey authority
        to the States over Indian Reservations where States have
        not assumed such  authority under other laws nor is it
        intended to deny jurisdiction  which States have assumed

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        under other  laws.   Where  a  State  has  not  assumed  juris-
        diction  over an  Indian  Reservation  the  appropriate  In-
        dian  Governing Body may submit  to the Administrator a
        proposal  to  redesignate areas Class I,  Class  II,  or
        Class III, provided that:

        (a)   The Indian  Governing Body  follows  procedures equiv-
             alent to those required of States  under  paragraph
             (c)  (3) (11)  and,

        (b)   Such redesignation is  proposed after consultation
             with the State(s)  in which the Indian Reservation
             is  located  or which  border the Indian Reservation
             and, for those lands held  in trust,  with the approv-
             al  of the Secretary  of the Interior.

(vi)     The  Administrator shall approve,  within 90 days,  any re-
        designation  proposed pursuant to  this subparagraph  as
        follows:

        (a)   Any redesignation  proposed pursuant to subdivisions
             (ii) and (iii) of  this subparagraph shall  be approv-
             ed  unless the Administrator  determines (1)  that the
             requirements of subdivisions (ii)  and (iii)  of this
             subparagraph have  not  been complied with, (2)   that
             the State has arbitrarily  and  capriciously disre-
             garded  relevant considerations set forth in  sub-
             paragraph  (3) (ii) (d) of  this paragraph, or (3)
             that the State has not requested and received  dele-
             gation  of responsibility  for carrying out the  new
             source  review requirements of  paragraphs (d) and (e)
             of this section.

        (b)   Any redesignation  proposed pursuant to subdivision
             (iv) of this subparagraph  shall be approved  unless
             he determines (1)   that  the  requirements of subdivi-
             sion (iv)  of this  subparagraph have not been complied
             with,  or (2)  that the Federal Land Manager has arbi-
             trarily and capriciously  disregarded relevant  con-
             siderations set forth  in  subparagraph (3) (ii) (d) of
             this paragraph.

        (c)   Any redesignation  submitted pursuant to subdivision
             (v) of this subparagraph  shall be approved unless he
             determines  (1)  that the requirements of subdivision
             (v) of this subparagraph  have  not been complied with,
             or  (2)   that the  Indian  Governing Body has arbitrar-
             ily and capriciously disregarded relevant consider-
             ations  set forth  in subparagraph (3) (ii) (d)  of this
             paragraph.
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                  (d)  Any  redesignation  proposed  pursuant  to  this  para-
                      graph  shall be  approved only after the  Administrator
                      has  solicited written  comments  from  affected Federal
                      agencies  and Indian Governing Bodies and  from the
                      public on the proposal.

                  (e)  Any  proposed redesignation  protested to the  propos-
                      ing  State,  Indian  Governing Body, or Federal  Land
                      Manager and to  the Administrator by  another  State or
                      Indian Governing Body  because of the effects upon
                      such protesting State  or  Indian Reservation  shall be
                      approved  by the Administrator only if he  determines
                      that in his judgment the  redesignation  appropriately
                      balances  considerations of  growth anticipated in the
                      area proposed to be redesignated;  the  social, envi-
                      ronmental  and economic effects  of such  redesignation
                      upon the  area being redesignated and upon other areas
                      and  States; and any impacts upon regional or nation-
                      al interests.

                  (f)  The  requirements of paragraph (c) (3) (vi) (a) (3)
                      that a State request and  receive delegation  of the
                      new  source review  requirements  of this  section as a
                      condition to approval  of  a  proposed  redesignation,
                      shall  include as a minimum  receiving the  administra-
                      tive and  technical functions of the  new source re-
                      view.  The Administrator  will carry  out any  required
                      enforcement action in  cases where the State  does not
                      have adequate legal authority to initiate such ac-
                      tions. The Administrator may waive  the requirements
                      of paragraph (c)  (3)  (vi) (a) (3) if the  State Attor-
                      ney-General has determined  that the  State cannot ac-
                      cept delegation of the administrative/technical func-
                      tions.

          (vii)    If the Administrator disapproves any proposed  area desig-
                  nation under this subparagraph,  the  State, Federal Land
                  Manager or  Indian Governing Body, as appropriate, may re-
                  submit the  proposal  after correcting the  deficiencies
                  noted  by  the Administrator  or  reconsidering  any area des-
                  ignation  determined  by  the  Administrator  to  be arbitrary
                  and capricious.

(d)   Review of new sources

     (1)   The provisions of this paragraph have  been incorporated by refer-
          ence into the  applicable implementation  plans  for various States,
          as provided in Subparts B through  ODD  of this  part.  Where this
          paragraph is so incorporated,  the  requirements of this paragraph
          apply to any new  or modified stationary  source of the  type iden-
          tified below which  has not  commenced  construction or modification
          prior to June  1,  1975  except as specifically provided  below.  A

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    source which is modified, but does not increase the amount of
    sulfur oxides or particulate matter emitted, or is modified to
    utilize an alternative fuel, or higher sulfur content fuel, shall
    not be subject to this paragraph.
    (i)     Fossil-Fuel Steam Electric Plants of more than 1000 mil-
            lion B.T.U. per hour heat input.
    (ii)    Coal Cleaning Plants.
    (iii)   Kraft Pulp Mills.
    (iv)    Portland Cement Plants.
    (v)     Primary Zinc Smelters.
    (vi)    Iron and Steel Mills.
    (vii)   Primary Aluminum Ore Reduction Plants.
    (viii)  Primary Copper Smelters.
    (ix)    Municipal  Incinerators capable of charging more than 250
            tons of refuse per 24 hour day.
    (x)     Sulfuric Acid Plants.
    (xi)    Petroleum  Refineries.
    (xii)   Lime Plants.
    (xiii)  Phosphate  Rock Processing Plants.
    (xiv)   By-Product Coke Oven Batteries.
    (xv)    Sulfur Recovery Plants.
    (xvi)   Carbon Black  Plants  (furnace  process).
    (xvii)  Primary Lead  Smelters.
    (xviii) Fuel  Conversion Plants.
    (xix)   Ferroalloy production  facilities commencing  construction
            after October 5,  1975.
(2)  No owner  or operator  shall  commence construction  or  modification
    of a source subject to this  paragraph unless  the  Administrator  de-
    termines  that, on  the basis  of information  submitted pursuant to
    subparagraph (3) of this  paragraph:
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             The  effect  on  air quality concentration of the source or
             modified  source, in conjunction with the effects of growth
             and  reduction  in emissions after January 1, 1975, of other
             sources in  the area affected by the proposed source, will
             not  violate the air quality increments applicable in the
             area where  the source will be  located nor the air quality
             increments  applicable in any other areas.  The analysis of
             emissions growth and reduction after January 1, 1975, of
             other  sources  in the areas affected by the proposed source
             shall  include  all new and modified sources granted approv-
             al to  construct pursuant to this paragraph;  reduction in
             emissions from existing sources which contributed to air
             quality during all or part of  1974;  and general commer-
             cial,  residential, industrial, and other sources of emis-
             sions  growth not exempted by paragraph (c) (2) (111) of
             this section which has occurred since January 1, 1975.

     (ii)     The  new or  modified source will meet an emission limit,
             to be  specified by the Administrator as a condition to
             approval, which represents that level of emission reduc-
             tion which  would be achieved by the application of best
             available control technology,  as defined in 52.01 (f),
             for  particulate matter and sulfur dioxide.  If the Admin-
             istrator  determines that technological or economic limi-
             tations on  the application of  measurement methodology to
             a particular class of sources  would make the imposition
             of an  emission standard infeasible, he may instead pre-
             scribe a  design or equipment standard requiring the appli-
             cation of best available control technology.  Such standard
             shall  to  the degree possible set forth the emission re-
             ductions  achievable by implementation of such design or
             equipment,  and shall provide for compliance by means which
             achieve equivalent results.

     (iii)    With respect to modified sources, the requirements of sub-
             paragraph (2)  (ii) of this paragraph shall be applicable
             only to the facility or facilities from which emissions
             are  increased.

(3)   In making the  determinations required  by paragraph (d) (2) of this
     section, the Administrator shall, as a minimum, require the owner
     or operator  of the  source subject to this paragraph to submit:
     site information, plans, description,  specifications, and drawings
     showing the  design  of  the source;  information necessary to de-
     termine the  impact  that the construction or modification will have
     on sulfur dioxide and  particulate matter air quality levels;  and
     any other information  necessary to determine that best available
     control technology  will be applied.  Upon request of the Adminis-
     trator, the  owner or operator of the source shall provide informa-
     tion on the  nature  and extent of general commercial, residential,
     industrial,  and other  growth which has occurred in the area af-
     fected by the  source's emissions  (such area to be specified by  the

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         Administrator) since January 1, 1975.

    (4)  (i)     Where a new or modified source is located on Federal
                 Lands, such source shall be subject to the procedures
                 set forth in paragraphs (d) and (e) of this section.
                 Such procedures shall be in addition to applicable pro-
                 cedures conducted by the Federal Land Manager for admin-
                 istration and protection of the affected Federal Lands.
                 Where feasible, the Administrator will coordinate his
                 review and hearings with the Federal Land Manager to
                 avoid duplicate administrative procedures.

         (ii)    New or modified sources which are located on Indian
                 Reservations shall be subject to procedures set forth  in
                 paragraphs (d) and (e) of this section.  Such procedures
                 shall be administered by the Administrator in cooperation
                 with the Secretary of the Interior with respect to lands
                 over which the State has not assumed jurisdiction under
                 other laws.

         (iii)   Whenever any new or modified source is subject to action
                 by a Federal Agency which might necessitate preparation
                 of an environmental impact statement pursuant to the
                 National Environmental Policy Act  (42 U.S.C. 4321), re-
                 view by the Administrator conducted pursuant to this
                 paragraph shall be coordinated with the broad environmen-
                 tal reviews under that Act, to the maximum extent feas-
                 ible and reasonable.

     (5)  Where  an  owner or operator has applied for permission to con-
         struct or modify pursuant to this paragraph and the proposed
         source would be located in an area which has been proposed  for
         redesignation to a more stringent class  (or the State,  Indian
         Governing Body, or Federal Land Manager has announced such  con-
         sideration), approval  shall not be granted until the Administra-
         tor has acted on the proposed redesignation.

(e)   Procedures  for public participation

     (1)   (i)    Within 20 days after receipt of an application  to con-
                 struct, or any addition to such application, the Admin-
                  istrator shall advise the owner or operator of  any  de-
                  ficiency in  the information  submitted  in support .of the
                 application.   In  the event of  such a  deficiency, the  date
                 of  receipt of  the application  for  the  purpose of para-
                  graph  (e)  (1)  (ii) of this section shall be the date  on
                 which  all required  information  is  received by the Admin-
                  istrator.

          (ii)   Within  30 days after receipt of  a  complete application,
                  the  Administrator shall:
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        (a)   Make a preliminary determination whether the  source
             should be approved, approved with  conditions, or  dis-
             approved.

        (b)   Make available in  at least  one location  in  each re-
             gion in which  the  proposed  source  would  be  construct-
             ed,  a copy of  all  materials submitted  by the  owner or
             operator, a copy of the  Administrator's  preliminary
             determination  and  a copy or summary  of other  materi-
             als, if any, considered  by  the Administrator  in mak-
             ing  his preliminary determination;  and

        (c)   Notify the public, by prominent advertisement in
             newspaper of general  circulation in  each region in
             which the proposed source would be constructed, of
             the  opportunity for written public comment  on the in-
             formation submitted by the  owner or  operator  and  the
             Administrator's preliminary determination on  the  ap-
             provability of the source.

(iii)    A copy of the notice required pursuant  to this subpara-
        graph shall be sent to  the applicant and  to officials  and
        agencies  having cognizance over  the locations where the
        source will be situated as follows: State  and local air
        pollution control agencies, the  chief executive  of the
        city and  county; any comprehensive regional  land  use  plan-
        ning agency;  and any State,  Federal Land Manager  or In-
        dian Governing Body whose lands  will be significantly  af-
        fected by the source's  emissions.

(iv)    Public comments submitted in  writing within 30 days after
        the  date  such information is  made available shall  be con-
        sidered by the Administrator  in  making  his  final decision
        on the application. No later than  10 days  after the
        close of  the public comment period, the applicant  may  sub-
        mit  a written response  to any comments  submitted by the
        public.  The Administrator shall consider the applicant's
        response  in making  his  final  decision.  All comments shall
        be made available for public"inspection in  at least one
        location  in the region  in which  the source  would be located.

(v)      The  Administrator shall take  final  action on  an  applica-
        tion within 30 days after the close of  the  public  comment
        period.  The Administrator shall notify the applicant  in
        writing of his approval, conditional approval, or  denial
        of the application, and shall set forth his reasons for
        conditional approval or denial.  Such notification shall
        be made available for public  inspection in  at least one
        location  in the region  in which  the source  would be lo-
        cated.
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          (vi)    The Administrator may extend each of the time periods
                 specified  in paragraph  (e)  (1)  (ii), (iv), or (v) of this
                 section by no more than 30  days or such other period as
                 agreed to  by the applicant  and  the Administrator.

     (2)   Any owner  or  operator who constructs, modifies, or operates a
          stationary source  not in accordance with the application, as ap-
          proved  and conditioned  by the Administrator, or any owner or op-
          erator  of  a stationary  source subject to this  paragraph who com-
          mences  construction or  modification after June 1, 1975, without
          applying for  and receiving approval hereunder, shall be subject
          to enforcement action under  section 113 of the Act..

     (3)   Approval to construct or modify shall become invalid if construc-
          tion  or expansion  is not commenced  within 18 months after receipt
          of such approval or if  construction is  discontinued for a period
          of 18 months  or more.   The Administrator may extend such time  pe-
          riod  upon  a satisfactory showing  that an extension is justified.

     (4)   Approval to construct or modify shall not relieve any owner or
          operator of the responsibility  to comply with  the control strat-
          egy and all local, State, and Federal regulations which are part
          of the  applicable  State Implementation  Plan.

(f)   Delegation of authority

     (1)   The Administrator  shall have the  authority to  delegate responsi-
          bility  for implementing the  procedures  for conducting source  re-
          view  pursuant to paragraphs  (d) and (e), in accordance with sub-
          paragraphs (2),  (3), and (4) of this  paragraph.

     (2)   Where the  Administrator delegates the responsibility for  imple-
          menting the  procedures  for conducting source review pursuant  to
          this  section  to any Agency,  other than  a regional office  of the
          Environmental Protection Agency,  the  following provisions shall
          apply:

          (i)     Where the  agency designated is  not an  air pollution con-
                  trol  agency,  such  agency  shall  consult with the appropri-
                 ate  State  and  local  air pollution control agency  prior to
                 making any determination  required by paragraph  (d) of
                  this  section.   Similarly, where the agency designated
                 does  not  have  continuing  responsibilities for managing
                  land  use,  such  agency  shall consult with  the appropriate
                  State and  local agency  which  is primarily responsible for
                 managing  land  use  prior to  making any  determination  re-
                  quired by  paragraph  (d) of  this section.

          (ii)     A copy of the  notice pursuant to  paragraph  (e)  (1)  (ii)
                  (c)  of this  section  shall be  sent  to  the  Administrator
                  through  the  appropriate regional office.


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(3)   In accordance with Executive  Order 11752,  the  Administrator's
     authority for implementing the procedures  for  conducting  source
     review pursuant to this  section shall  not  be delegated, other  than
     to a regional office  of  the Environmental  Protection Agency, for
     new or modified sources  which are  owned  or operated by the Federal
     government or for new ormodified  sources  located on Federal lands;
     except that,  with respect  to  the latter  category, where new or
     modified sources are  constructed or operated on  Federal lands  pur-
     suant to leasing or other  Federal  agreements,  the Federal land
     Manager may at his discretion, to  the  extent permissible  under ap-
     plicable statutes and regulations, require the lessee or  permittee
     to be subject to a designated State or local agency's procedures
     developed pursuant to paragraphs (d) and (e) of  this section.

(4)   The Administrator's authority for  implementing the procedures  for
     conducting source review pursuant  to this  section shall not be re-
     delegated, other than to a regional  office of  the Environmental
     Protection Agency, for new or modified sources which are  located
     on Indian reservations except where the  State  has assumed juris-
     diction over  such land under  other laws, in which case the Admin-
     istrator may  delegate his  authority to the States in accordance
     with subparagraphs (2),  (3),  and (4) of  this paragraph.

     (39 FR 42514, Dec. 5, 1974;  40 FR 2802, Jan.  16, 1975, as
      amended at 40 FR 24535, June 9, 1975;  40 FR  25005, June 12,
      2975;  40 FR 42012,  Sept. 10, 1975)
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