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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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;
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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;
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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;
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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.
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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;
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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.
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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.
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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.
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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
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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,
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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;
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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;
-------
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.
-------
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-
-------
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.
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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.
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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).
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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.
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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:
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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CHAPTER 34:10:12
NEW SOURCE STANDARDS
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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;
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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.
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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:
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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.
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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
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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.
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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.
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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.
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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.
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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:
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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.
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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:
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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.
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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
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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:
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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
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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.
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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.
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FEDERALLY PROMULGATED
REGULATIONS
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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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