Collapse to view only § 52.2173 - Legal authority.
- § 52.2170 - Identification of plan.
- § 52.2171 - Classification of regions.
- § 52.2172 - Approval status.
- § 52.2173 - Legal authority.
- §§ 52.2174-52.2177 - §[Reserved]
- § 52.2178 - Significant deterioration of air quality.
- § 52.2179 - Visibility protection.
- § 52.2180 - Stack height regulations.
- § 52.2181 - [Reserved]
- § 52.2182 - PM10 Committal SIP.
- § 52.2183 - Variance provision.
- § 52.2184 - Operating permits for minor sources.
- § 52.2185 - Change to approved plan.
- § 52.2186 - Original identification of plan section.
§ 52.2170 - Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State Implementation Plan for South Dakota under section 110 of the Clean Air Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality standards or other requirements under the Clean Air Act.
(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to October 1, 2015, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the
(2) EPA Region 8 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of October 1, 2015.
(3) Copies of the materials incorporated by reference may be inspected at the EPA Region 8 Office, Office of Partnerships and Regulatory Assistance (OPRA), Air Program, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
(c) EPA-approved regulations.
Rule No. | Rule title | State effective date | EPA effective date | Final rule citation, date | Comments | 74:09:01:20 | Board member conflict of interest | 5/29/14 | 3/2/15 | 80 FR 4799, 1/29/15 | 74:09:01:21 | Board member potential conflict of interests | 5/29/14 | 3/2/15 | 80 FR 4799, 1/29/15 | 74:36:01:01 | Definitions | 04/19/2021 | 5/11/2022 | 87 FR 21026, 4/11/2022 | 74:36:01:03 | Administrative permit amendment defined | 4/4/99 | 5/7/03 | 68 FR 16726, 4/7/03 | 74:36:01:04 | Affected states defined | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:01:05 | Applicable requirements of the Clean Air Act defined | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:01:06 | Complete application defined | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:01:08 | Major source defined | 4/4/99 | 5/19/14 | 79 FR 21852, 4/18/14 | 74:36:01:09 | Categories of sources defined | 1/2/05 | 10/13/06 | 71 FR 46403, 8/14/06 | 74:36:01:10 | Modification defined | 10/13/15 | 11/14/16 | 81 FR 70628, 10/13/16 | 74:36:01:11 | National ambient air quality standard (NAAQS) | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:01:12 | Potential to emit defined | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:01:13 | Process weight rate defined | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:01:15 | Regulated air pollutant defined | 1/5/95 | 5/19/14 | 79 FR 21852, 4/18/14 | 74:36:01:16 | Responsible official defined | 1/2/05 | 10/13/06 | 71 FR 46403, 8/14/06 | 74:36:01:18 | Municipal solid waste landfill defined | 12/29/96 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:01:19 | Existing municipal solid waste landfill defined | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:01:20 | Physical change in or change in the method of operation defined | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:01:21 | Commence construction defined | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:02:01 | Air quality goals | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:02:02 | Ambient air quality standards | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:02:03 | Methods of sampling and analysis | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:02:04 | Ambient air monitoring network | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:02:05 | Air quality monitoring requirements | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:03:01 | Air pollution emergency episode | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:03:02 | Episode emergency contingency plan | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:04:01 | Applicability | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:04:02 | Minor source operating permit required | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:02.01 | Minor source operating permit exemption | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:03 | Emission unit exemptions | 10/13/15 | 11/14/16 | 81 FR 70628, 10/13/16 | 74:36:04:04 | Standard for issuance of a minor source operating permit | 9/13/2017 | 7/26/2018 | 83 FR 29700, 6/26/2018 | 74:36:04:05 | Time period for operating permits and renewals | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:04:06 | Timely and complete application for operating permit required | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:07 | Required contents of complete application for operating permit | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:08 | Applicant required to supplement or correct application | 1/5/95 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:04:09 | Permit application—Completeness review | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:10 | Time period for department's recommendation | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:11 | Department's recommendation on operating permit | 4/4/99 | 5/7/03 | 68 FR 16726, 4/7/03 | 74:36:04:12 | Public participation in permitting process | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:04:12.01 | Public review of department's draft permit | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:13 | Final permit decision—Notice to interested persons | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:04:14 | Right to petition for contested case hearing | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:04:15 | Contents of operating permit | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:04:16 | Operating permit expiration | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:17 | Renewal of operating permit | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:18 | Operating permit revision | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:19 | Administrative permit amendment | 4/4/99 | 5/7/03 | 68 FR 16726, 4/7/03 | 74:36:04:20 | Procedures for administrative permit amendments | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:20.01 | Minor permit amendment required | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:20.02 | Requirements for minor permit amendment | 1/5/95 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:04:20.03 | Application for minor permit amendment | 1/5/95 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:04:20.04 | Department deadline to approve minor permit amendment | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:21 | Permit modifications | 10/13/15 | 11/14/16 | 81 FR 70628, 10/13/16 | 74:36:04:22 | Source status change—new permit required | 4/4/99 | 5/7/03 | 68 FR 16726, 4/7/03 | 74:36:04:23 | Reopening operating permit for cause | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:24 | Procedures to reopen operating permit | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:04:27 | Operating permit termination, revision, and revocation | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:28 | Notice of operating noncompliance—Contents | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:04:29 | Petition for contested case on alleged violation | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:04:31 | Circumvention of emissions not allowed | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:04:32 | General permits | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:04:33 | Secretary may require an individual permit | 9/1/03 | 7/9/04 | 69 FR 25839, 5/10/04 | 74:36:06:01 | Applicability | 1/5/95 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:06:02 | Allowable emissions for fuel-burning units | 4/4/99 | 5/7/03 | 68 FR 16726, 4/7/03 | 74:36:06:03 | Allowable emissions for process industry units | 4/4/99 | 5/7/03 | 68 FR 16726, 4/7/03 | 74:36:06:04 | Particulate emission restrictions for incinerators and waste wood burners | 1/2/05 | 10/13/06 | 71 FR 46403,8/14/06 | 74:36:06:05 | Most stringent interpretation applicable | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:06:06 | Stack performance test | 1/2/05 | 10/13/06 | 71 FR 46403, 8/14/06 | 74:36:06:07 | Open burning practices prohibited | 9/13/2017 | 7/26/2018 | 83 FR 29700, 6/26/2018 | 74:36:07:08 | Ash disposal requirements | 12/29/96 | 6/21/00 | 65 FR 32033, 5/22/00 | 74:36:07:29 | Operating requirements for wire reclamation furnaces | 4/22/93 | 11/6/95 | 60 FR 46222, 9/6/95 | 74:36:07:30 | Monitoring requirements for wire reclamation furnaces | 4/22/93 | 11/6/95 | 60 FR 46222, 9/6/95 | 74:36:09:01 | Applicability | 9/18/06 | 1/22/08 | 72 FR 72617, 12/21/07 | 74:36:09:01.01 | Prevention of significant deterioration permit required | 9/18/06 | 1/22/08 | 72 FR 72617, 12/21/07 | 74:36:09:02 | Prevention of Significant Deterioration | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:09:03 | Public participation | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:10:01 | Applicability | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:10:02 | Definitions | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:10:03.01 | New source review preconstruction permit required | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:10:05 | New source review preconstruction permit required | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:10:06 | Causing or contributing to a violation of any national ambient air quality standard | 11/14/16 | 81 FR 70628, 10/13/16 | 74:36:10:07 | Determining credit for emissions Offsets | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:10:08 | Projected actual emissions | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:10:09 | Clean unit test for emission units subject to lowest achievable emission rate | 1/2/05 | 10/13/06 | 71 FR 46403, 8/14/06 | 74:36:10:10 | Clean unit test for emission units comparable to lowest achievable emission rate | 1/2/05 | 10/13/06 | 71 FR 46403, 8/14/06 | 74:36:11:01 | Stack performance testing or other testing methods | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:11:02 | Secretary may require performance tests | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:11:03 | Notice to department of performance test | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:11:04 | Testing new fuels or raw materials | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:12:01 | Restrictions on visible emissions | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:12:02 | Exceptions to restrictions | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:12:03 | Exceptions granted to alfalfa pelletizers or dehydrators | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:13:01 | Secretary may require continuous emission monitoring systems (CEMS) | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:13:02 | Minimum performance specifications for all continuous emission monitoring systems | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:13:03 | Reporting requirements | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:13:04 | Notice to department of exceedance | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:13:05 | Compliance determined by data from continuous emission monitor | 4/22/93 | 12/18/98 | 63 FR 55804, 10/19/98 | 74:36:13:06 | Compliance certification | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:13:07 | Credible evidence | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:13:08 | Compliance assurance monitoring | 10/13/15 | 11/14/16 | 81 FR 70628, 10/13/16 | 74:36:17:01 | Applicability | 2/11/96 | 8/9/02 | 67 FR 39619, 6/10/02 | 74:36:17:02 | Reasonable available control technology | 2/11/96 | 8/9/02 | 67 FR 39619, 6/10/02 | 74:36:17:03 | Street sanding specifications | 2/11/96 | 8/9/02 | 67 FR 39619, 6/10/02 | 74:36:17:04 | Street deicing and maintenance plan | 2/11/96 | 8/9/02 | 67 FR 39619, 6/10/02 | 74:36:17:05 | Street sanding and sweeping recordkeeping | 2/11/96 | 8/9/02 | 67 FR 39619, 6/10/02 | 74:36:17:06 | Inspection authority | 2/11/96 | 8/9/02 | 67 FR 39619, 6/10/02 | 74:36:18:01 | Definitions | 7/1/02 | 3/22/04 | 69 FR 2671,1/20/04 | 74:36:18:02 | Applicability | 7/1/02 | 3/22/04 | 69 FR 2671, 1/20/04 | 74:36:18:03 | Permit required | 7/1/02 | 3/22/04 | 69 FR 2671, 1/20/04 | 74:36:18:04 | Time period for permits and renewals | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:18:05 | Required contents of a complete application for a permit | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:18:06 | Contents of permit | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:18:07 | Permit expiration | 7/1/02 | 3/22/04 | 69 FR 2671, 1/20/04 | 74:36:18:08 | Renewal of permit | 7/1/02 | 3/22/04 | 69 FR 2671, 1/20/04 | 74:36:18:09 | Reasonably available control technology required | 7/1/02 | 3/22/04 | 69 FR 2671, 1/20/04 | 74:36:18:10 | Visible emission limit for construction and continuous operation activities | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:18:11 | Exception to visible emission limit | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:18:12 | Notice of operating noncompliance—Contents | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36.20.01 | Applicability | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:02 | Construction permit required | 10/13/15 | 11/14/16 | 81 FR 70628, 10/13/16 | 74:36:20:03 | Construction permit exemption | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:04 | Emission unit exemptions | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:05 | Standard for issuance of construction permit | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:20:06 | Timely and complete application for a construction permit required | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:07 | Required contents of complete application for a construction permit | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:08 | Applicant required to supplement or correct application | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:09 | Permit application—Completeness review | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:10 | Time period for department's recommendation | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:11 | Public participation in permitting process | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:20:12 | Public review of department's draft permit | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:13 | Final permit decision—Notice to interested persons | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:20:14 | Right to petition for contested case hearing | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:20:15 | Contents of construction permit | 6/25/13 | 11/2/15 | 80 FR 59620, 10/2/15 | 74:36:20:16 | Administrative permit amendment | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:17 | Procedures for administrative permit amendments | 6/28/10 | 7/28/14 | 79 FR 36149, 6/27/14 | 74:36:20:18 | Reopening construction permit for cause | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:19 | Procedures to reopen construction permit | 6/28/10 | 7/28/14 | 79 FR 36149, 6/27/14 | 74:36:20:20 | Construction permit does not exempt from other requirements | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:21 | Expiration of a construction permit | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:22 | Notice of constructing or operating noncompliance—Contents | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:23 | Petition for contested case on alleged violation | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:20:24 | Circumvention of emissions not allowed | 6/28/10 | 7/28/14 | 79 FR 36419, 6/27/14 | 74:36:21:01 | Applicability | 12/7/10 | 5/29/12 | 77 FR 24845, 4/26/12 | 74:36:21:02 | Definitions | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:21:03 | Existing stationary facility defined | 12/7/10 | 5/29/12 | 77 FR 24845, 4/26/12 | 74:36:21:04 | Visibility impact analysis | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:21:05 | BART determination | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:21:06 | BART determination for a BART-eligible coal-fired power plant | 9/19/11 | 5/29/12 | 77 FR 24845, 4/26/12 | 74:36:21:07 | Installation of controls based on visibility impact analysis or BART determination | 12/7/10 | 5/29/12 | 77 FR 24845, 4/26/12 | 74:36:21:08 | Operation and maintenance of controls | 12/7/10 | 5/29/12 | 77 FR 24845, 4/26/12 | 74:36:21:09 | Monitoring, recordkeeping, and reporting | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 74:36:21:10 | Permit to construct | 12/7/10 | 5/29/12 | 77 FR 24845, 4/26/12 | 74:36:21:11 | Permit required for BART determination | 12/7/10 | 5/29/12 | 77 FR 24845, 4/26/12 | 74:36:21:12 | Federal land manager notification and review | 12/7/10 | 5/29/12 | 77 FR 24845, 4/26/12 | 74:36:21:13 | Calculate a 30-day rolling average | 11/25/2019 | 11/25/2020 | 85 FR 67658, 10/26/2020 | 1.1 | Applicability | 12/12/78 | 7/13/79 | 44 FR 44494, 7/30/79 | 1.2 | Definitions | 12/12/78 | 7/13/79 | 44 FR 44494, 7/30/79 | 1.3 | Standard of compliance | 12/12/78 | 7/13/79 | 44 FR 44494, 7/30/79 | 1.4 | Reasonably available control technology required | 12/12/78 | 7/13/79 | 44 FR 44494, 7/30/79 | 1.5 | Fugitive dust control permits required for construction activities, | 12/12/78 | 7/13/79 | 44 FR 44494, 7/30/79 | 1.6 | Compliance plans and schedules required, | 12/12/78 | 7/13/79 | 44 FR 44494, 7/30/79 | 1.7 | Enforcement procedures | 12/12/78 | 7/13/79 | 44 FR 44494, 7/30/79 | 1.8 | Establishment of administrative mechanisms | 12/12/78 | 7/13/79 | 44 FR 44494, 7/30/79 | 1.9 | Separability | 12/12/78 | 7/13/79 | 44 FR 44494, 7/30/79 |
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(d) EPA-approved source specific requirements.
Rule No. | Rule title | State effective date | EPA effective date | Final rule citation, date | Comments | (AQ 79-02.) | South Dakota State University steam generating plant | 3/18/82 | 8/7/83 | 48 FR 31199, 7/7/83 |
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(e) EPA-approved nonregulatory provisions.
Rule title | State effective date | EPA effective date | Final rule citation, date | Comments | I.A. Introduction | 1/17/72 | 7/13/72 | 37 FR 15080, 7/27/72 | I.B. Legal Authority | 1/17/72 | 7/13/72 | 37 FR 15080, 7/27/72 | I.C. Control Strategy | 1/17/72 | 7/13/72 | 37 FR 15080, 7/27/72 | I.D. Compliance Schedule | 1/17/72 | 7/13/72 | 37 FR 15080, 7/27/72 | I.E. Prevention of Air Pollution Emergency Episodes | 1/17/72 | 7/13/72 | 37 FR 15080, 7/27/72 | I.F. Air Quality Surveillance | 1/17/72 | 7/13/72 | 37 FR 15080, 7/27/72 | I.G. Review of New Sources and Modifications | 1/17/72 | 7/13/72 | 37 FR 15080, 7/27/72 | I.H. Source Surveillance | 1/17/72 | 7/13/72 | 37 FR 15080, 7/27/72 | I.I. Resources | 1/17/72 | 7/13/72 | 37 FR 15080, 7/27/72 | I.J. Intergovernmental Cooperation | 1/17/72 | 7/13/72 | 37 FR 15080, 7/27/72 | I. Appendix A. South Dakota Compiled Laws | 1/17/72 | 7/13/72 | 37 FR 15080, 7/27/72 | II. Part D Plan for Total Suspended Particulate | 12/27/78 | 8/30/79 | 44 FR 44494, 7/30/79 | III. SIP to meet Air Quality Monitoring and public notification requirements | 1/21/80 | 10/4/80 | 45 FR 58528, 9/4/80 | IV. Lead (Pb) SIP | 5/4/84 | 10/26/84 | 49 FR 37752, 9/26/84 | V. Stack Height Demonstration Analysis | 8/20/86 | 7/7/89 | 54 FR 24334, 6/7/89 | VI. Commitment to revise stack height rules | 5/11/88 | 10/2/88 | 53 FR 34077, 9/2/88 | VII. PM | 7/12/88 | 11/5/90 | 55 FR 40831, 10/5/90 | VIII. Small Business Technical and Environmental Compliance Program | 1/12/94 | 12/27/94 | 59 FR 53589, 10/25/94 | IX. Commitment regarding permit exceedances of the PM | 11/16/95 | 7/10/02 | 67 FR 39619, 6/10/02 | X. CAA 110(a)(D)(2)(i) Interstate Transport Requirements for the 1997 8-hr Ozone and PM | 4/19/07 | 7/7/08 | 73 FR 26019, 5/8/08 | XI. 1997 Ozone NAAQS Infrastructure Certification | 2/1/08 | 8/22/11 | 76 FR 43912, 7/22/11 | XII. South Dakota Regional Haze State Implementation Plan, Amended | 4/26/12 | 5/29/12 | 77 FR 24845, 4/26/12 | XIII. Section 110(a)(2) Infrastructure Requirements for the 1997 and 2006 PM | 3/4/11 | 3/2/15 | 80 FR 4799, 1/29/15 | XIV. Section 110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQS | 10/10/12 | 3/2/15 | 80 FR 4799, 1/29/15 | XV. Section 110(a)(3) Infrastructure Requirements for the 2008 8-hour Ozone NAAQS | 5/21/13 | 3/2/15 | 80 FR 4799, 1/29/15 | XVI. Section 110(a)(2) Infrastructure Requirements for the 2010 NO | 10/23/13 | 3/2/15 | 80 FR 4799, 1/29/15 | XVII. SDCL (South Dakota Codified Laws), 1-40-25.1 | 3/2/15 | 3/2/15 | 80 FR 4799, 1/29/15 | XVIII. South Dakota Codified Laws, 34-A-1-57, 34-A-1-58, 34-A-1-59, and 34-A-1-60 | 7/1/93 | 12/27/94 | 59 FR 53589, 10/25/94 | XIX. Section 110(a)(2)(D)(i)(I) Interstate Transport Requirements for the 2008 8-hour Ozone NAAQS | 5/21/13 | 3/2/15 | 80 FR 4799, 1/29/15 | XX. Section 110(a)(2) Infrastructure Requirements for the 2010 SO | Submitted: 12/20/2013 and 01/25/2016 | 8/16/2017 | 82 FR 38832 | Excluding 110(D)(i)(I), interstate transport for the 2010 SO | XXI. Section 110(a)(2)(D)(i)(I) Interstate Transport Requirements for the 2012 PM | Submitted: 1/25/2016 | 8/6/2018 | 83 FR 31329, 7/5/2018 | XXII. Section 110(a)(2)(D)(i)(I) Interstate Transport Requirements for the 2010 SO | Submitted: 12/20/2013 | 10/1/2018 | 83 FR 44503, 8/31/2018 | XXIII. Regional Haze 5-Year Progress Report | Submitted 01/27/2016 | 1/2/2019 | 83 FR 62268, 12/3/2018 | XXVI. Section 110(a)(2) Infrastructure Requirements for the 2015 8-hour Ozone NAAQS | 01/15/2020 | 11/25/2020 | 85 FR 67658, 10/26/2020 | XXVII. South Dakota Codified Laws, 34A-1-2, 34A-1-58.1, 34A-1-60 and 34A-1-63 | 4/19/21 | 5/11/2022 | 87 FR 21026, 4/11/2022 |
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§ 52.2171 - Classification of regions.
The South Dakota plan evaluated on the basis of the following classifications:
Air quality control region | Pollutant | Particulate matter | Sulfur oxides | Nitrogen dioxide | Carbon monoxide | Photochemical oxidants (hydrocarbons) | Metropolitan Sioux City Interstate | III | III | III | III | III | Metropolitan Sioux Falls Interstate | II | III | III | III | III | Black Hills—Rapid City Intrastate | III | III | III | III | III | South Dakota Intrastate | III | III | III | III | III |
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§ 52.2172 - Approval status.
(a) With the exceptions set forth in this subpart, the Administrator approves South Dakota's plan as meeting the requirements of section 110 of the Clean Air Act, as amended in 1977. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D of the Clean Air Act, as amended in 1977.
(b)(1) Insofar as the Prevention of Significant Deterioration (PSD) provisions found in this subpart apply to stationary sources of greenhouse gas (GHGs) emissions, the Administrator approves that application only to the extent that GHGs are “subject to regulation”, as provided in this paragraph (b), and the Administrator takes no action on that application to the extent that GHGs are not “subject to regulation.”
(2) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:
(i) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO
(ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO
(3) Beginning July 1, 2011, in addition to the provisions in paragraph (b)(2) of this section, the pollutant GHGs shall also be subject to regulation:
(i) At a new stationary source that will emit or have the potential to emit 100,000 tpy CO
(ii) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO
(4) For purposes of this paragraph (b)—
(i) The term greenhouse gas shall mean the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO
(A) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of 40 CFR part 98—Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this section for each gas to compute a tpy CO
(iii) The term emissions increase shall mean that both a significant emissions increase (as calculated using the procedures in 40 CFR 52.21(a)(2)(iv)) and a significant net emissions increase (as defined in paragraphs 40 CFR 52.21(b)(3) and (b)(23)(i)) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO
§ 52.2173 - Legal authority.
(a) The requirements of § 51.230(f) of this chapter are not met since the South Dakota Compiled Law 34-16A-21 provides that data which relates to processes or production unique to the owner or which tend to adversely affect a competitive position of the owner shall be held confidential.
(b) Delegation of authority: Pursuant to section 114 of the Act, South Dakota requested a delegation of authority to enable it to collect, correlate and release emission data to the public. The Administrator has determined that South Dakota is qualified to receive a delegation of the authority it requested. Accordingly, the Administrator delegates to South Dakota his authority under sections 114(a) (1) and (2) and section 114(c) of the Act, i.e., authority to collect, correlate, and release emission data to the public.
§§ 52.2174-52.2177 - §[Reserved]
§ 52.2178 - Significant deterioration of air quality.
(a) The South Dakota plan, as submitted, is approved as meeting the requirements of part C, subpart 1 of the CAA, except that it does not apply to sources proposing to construct on Indian reservations;
(b) Regulations for preventing significant deterioration of air quality. The provisions of § 52.21 except paragraph (a)(1) are hereby incorporated and made a part of the South Dakota State implementation plan and are applicable to proposed major stationary sources or major modifications to be located on Indian reservations.
§ 52.2179 - Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas.
(b) Regulation for visibility monitoring and new source review. The provisions of § 52.28 are hereby incorporated and made a part of the applicable plan for the State of New Hampshire.
(c) [Reserved]
§ 52.2180 - Stack height regulations.
The State of South Dakota has committed to revise its stack height regulations should EPA complete rulemaking to respond to the decision in NRDC v. Thomas, 838 F.2d 1224 (DC Cir. 1988). In a letter to Douglas M. Skie, EPA, dated May 11, 1988, Joel C. Smith, Administrator, Office of Air Quality and Solid Waste, stated:
“* * * We are submitting this letter to allow EPA to continue to process our current SIP submittal with the understanding that if EPA's response to the NRDC remand modifies the July 8, 1985 regulations, EPA will notify the State of the rules that must be changed to comport with the EPA's modified requirements. The State of South Dakota agrees to make the appropriate changes.”
§ 52.2181 - [Reserved]
§ 52.2182 - PM10 Committal SIP.
On July 12 1988, the State submitted a Committal SIP for the Rapid City Group II PM
§ 52.2183 - Variance provision.
The revisions to the variance provisions in Chapter 74:26:01:31.01 of the South Dakota Air Pollution Control Program, which were submitted by the Governor's designee on September 25, 1991, are disapproved because they are inconsistent with section 110(i) of the Clean Air Act, which prohibits any state or EPA from granting a variance from any requirement of an applicable implementation plan with respect to a stationary source.
§ 52.2184 - Operating permits for minor sources.
Emission limitations and related provisions established in South Dakota minor source operating permits, which are issued in accordance with ARSD 74:36:04 and which are submitted to EPA in a timely manner in both proposed and final form, shall be enforceable by EPA. EPA reserves the right to deem permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures and will be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements of EPA's underlying regulations.
§ 52.2185 - Change to approved plan.
South Dakota Air Pollution Control Program Chapter 74:36:07, New Source Performance Standards, is removed from the approved plan, except for sections 74:36:07:08, 74:36:07:11 and 74:36:07:29-30. On April 2, 2002, we issued a letter delegating responsibility for all sources located, or to be located, in the State of South Dakota subject to the specified NSPS in 40 CFR part 60. See the table in 40 CFR 60.4 for the delegation status of NSPS to the State of South Dakota.
§ 52.2186 - Original identification of plan section.
(a) This section identifies the original “Air Implementation Plan for the State of South Dakota” and all revisions submitted by South Dakota that were federally approved prior to November 15, 2004.
(b) The plan was officially submitted on January 27, 1972.
(c) The plan revisions listed below were submitted on the dates specified.
(1) Request for delegation of authority submitted January 27, 1972, by the Governor.
(2) Clarification of control regulations (section 1.8.4) submitted April 27, 1972, by the State Department of Health.
(3) Clarification of control regulations (section 1.8.4) submitted May 2, 1972, by the Governor.
(4) On December 4, 1975, the Governor of South Dakota submitted revisions and additions to the air pollution control regulations (Article 34:10 of the Administrative Rules of South Dakota). The submittal updated rules and regulations; review procedures for newand modified direct sources; variance and enforcement procedure revisions; episode procedure changes; and the addition of new source performance standards similar to those of EPA.
(5) Provisions to meet the requirements of Part D of the Clean Air Act, as amended in 1977 were submitted on January 3, 1979.
(6) A new control strategy for Brookings, South Dakota was submitted on April 16, 1979.
(7) On January 21, 1980, the Governor submitted a plan revision to meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart C, § 58.20, and Public Notification required under section 127 of the Clean Air Act.
(8) Provisions to meet the requirements of Part D of the Clean Air Act, as amended in 1977, were submitted on October 16, 1980.
(9) On September 13, 1982, the Governor submitted a plan revision for a new control strategy for Brookings, South Dakota and an amendment to the opacity regulation for alfalfa pelletizers.
(10) On May 4, 1984, the Governor submitted a plan revision for lead and repealed the hydrocarbon standard.
(11) On January 28, 1988, the Governor submitted a plan revision (1) updating citations to Federal regulations in the South Dakota air pollution control regulations (Administrative Rules of South Dakota 74:26), (2) adopting new ambient air quality standards for particulates (PM
(i) Incorporation by reference.
(A) Revisions to the Administrative Rules of South Dakota (ARSD) 74:26:01:12, ARSD 74:26:01:35, ARSD 74:26:01:37, ARSD 74:26:01:64, ARSD 74:26:08 through ARSD 74:26:23, inclusive, and addition of a new section, ARSD 74:26:02:35, were revised through November 24, 1987.
(12) In a letter dated August 7, 1986, the Governor submitted revisions to the South Dakota SIP adopting federal stack height regulations (Administrative Rules of South Dakota 74:26). In a letter dated August 20, 1986, the Administrator, Office of Air Quality and Solid Waste of South Dakota, submitted the stack height demonstration analysis with supplemental information submitted on December 3, 1986.
(i) Incorporation by reference.
(A) Revisions to the Administrative Rules of South Dakota 74:26 effective on May 21, 1986. The changes consisted of incorporating definitions for good engineering practices and dispersion techniques into 74:26:01:12, standard for the issuance of construction permit.
(B) Stack height demonstration analysis submitted by the State with letters dated August 20, 1986 and December 3, 1986.
(13) On September 25, 1992 and February 24, 1992, the Governor of South Dakota submitted revisions to the plan for new source performance standards and asbestos.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Program, Sections 74:26:08-74:26:21 and 74:26:23-74:26:25, New Source Performance Standards, effective May 13, 1991, Section 74:26:26, Standards of Performance for Municipal Waste Combustors, effective November 24, 1991, and Section 74:26:22, Emission Standards for Asbestos Air Pollutants, effective December 2, 1991.
(14) On September 25, 1991, the designee of the Governor of South Dakota submitted revisions to the plan for new source review, operating permits, and the PM-10 Group II requirements.
(i) Incorporation by reference
(A) Revisions to the Air Pollution Control Program, Sections 74:26:01-74:26:08, effective May 13, 1991.
(ii) Additional material
(A) Letter dated April 14, 1992, from the South Dakota Department of Environment and Natural Resources to EPA.
(15) On November 10, 1992, the Governor of South Dakota's designee submitted a plan for the establishment and implementation of a Small Business Assistance Program to be incorporated into the South Dakota State Implementation Plan as required by section 507 of the Clean Air Act. An amendment to the plan was submitted by the Governor's designee on April 1, 1994.
(i) Incorporation by reference.
(A) November 10, 1992 letter from the Governor of South Dakota's designee submitting a Small Business Assistance Program plan to EPA.
(B) April 1, 1994 letter from the Governor of South Dakota's designee submitting an amendment to the South Dakota Small Business Assistance Program plan to EPA.
(C) The State of South Dakota amended plan for the establishment and implementation of a Small Business Assistance Program, adopted January 12, 1994 by the South Dakota Department of Environment and Natural Resources.
(D) South Dakota Codified Laws 34A-1-57, effective July 1, 1992 and 34A-1-58 through 60, effective July 1, 1993, which gives the State of South Dakota the authority to establish and fund the South Dakota Small Business Assistance Program.
(16) On November 12, 1993 and March 7, 1995, the designee of the Governor of South Dakota submitted revisions to the plan, which included revised regulations for definitions, minor source construction and federally enforceable state operating permit (FESOP) rules, source category emission limitations, sulfur dioxide rule corrections, new source performance standards (NSPS), new source review (NSR) requirements for new and modified major sources impacting nonattainment areas, and enhanced monitoring and compliance certification requirements. The State also requested that the existing State regulations approved in the South Dakota SIP be replaced with the following chapters of the recently recodified Administrative Rules of South Dakota (ARSD): 74:36:01-74:36:04, 74:36:06; 74:36:07, 74:36:10-74:36:13, and 74:36:15, as in effect on January 5, 1995.
(i) Incorporation by reference.
(A) Revisions to the Administrative Rules of South Dakota, Air Pollution Control Program, Chapters 74:36:01 (except 74:36:01:01(2) and (3)); 74:36:02-74:36:04, 74:36:06; 74:36:07, 74:36:10-74:36:13, and 74:36:15, effective April 22, 1993 and January 5, 1995.
(17) On May 2, 1997, the designee of the Governor of South Dakota submitted revisions to the plan. The revisions pertain to revised regulations for definitions, minor source operating permits, open burning, and performance testing. The State's SIP submittal requested that EPA replace the previous version of the ARSD approved into the SIP with the following chapters of the ARSD as in effect on December 29, 1996: 74:36:01 through 74:36:03, 74:36:04 (with the exception of section 74:36:04:03.01), 74:36:06, 74:36:07, 74:36:10-13, and 74:36:17. EPA is replacing all of the previously approved State regulations, except the NSPS rules in ARSD 74:36:07, with those regulations listed in paragraph (c)(17)(i)(A). ARSD 74:36:07, as in effect on January 5, 1995 and as approved by EPA at 40 CFR 52.2170(c)(16)(i)(A), will remain part of the SIP. [Note that EPA is not incorporating the revised ARSD 74:36:07, new ARSD 74:36:11:04, or new ARSD 74:36:17 in this action, as these chapters will be acted on separately by EPA.]
(i) Incorporation by reference.
(A) Revisions to the Administrative Rules of South Dakota, Air Pollution Control Program, Chapters 74:36:01-03; 74:36:04 (except section 74:36:04:03.1); 74:36:06; 74:36:10, 74:36:11 (with the exception of ARSD 74:36:11:04), 74:36:12, and 74:36:13, effective December 29, 1996.
(18) On May 2, 1997 and on May 6, 1999, the designee of the Governor of South Dakota submitted revisions to the new source performance standards in subchapter 74:36:07 of the Administrative Rules of South Dakota (ARSD).
(i) Incorporation by reference.
(A) Revisions to the Administrative Rules of South Dakota, Air Pollution Control Program, Chapter 74:36:07—New Source Performance Standards, subsections 74:36:07:01 through 74:36:07:10, 74:36:07:12 through 74:36:07:28, 74:36:07:31 through 74:36:07:33, and 74:36:07:43, effective December 29, 1996.
(B) Revisions to the Administrative Rules of South Dakota, Air Pollution Control Program, Chapter 74:36:07—New Source Performance Standards, subsections 74:36:07:06.02, 74:36:07:07.01, 74:36:07:11, and 74:36:07:43, effective April 4, 1999.
(19) On May 2, 1997 and on May 6, 1999, the designee of the Governor of South Dakota submitted provisions in Section 74:36:11:04 of the Administrative Rules of South Dakota. The provisions allow permitted sources to request permission to test a new fuel or raw material, to determine if it is compatible with existing equipment and to determine air emission rates, before requesting a permit amendment or modification if certain conditions are met.
(i) Incorporation by reference.
(A) Revisions to the Administrative Rules of South Dakota, Air Pollution Control Program, Chapter 74:36:11, Performance Testing, section 74:36:11:04, effective April 4, 1999.
(20) On January 22, 1996, the designee of the Governor of South Dakota submitted provisions in Section 74:36:17 of the Administrative rules of South Dakota. The provisions consist of street sanding requirements that apply within the city limits of Rapid City, South Dakota.
(i) Incorporation by reference.
(A) Administrative Rules of South Dakota, Air Pollution Control Program, Chapter 74:36:17.
(ii) Additional materials.
(A) Letter of March 25, 1994 from South Dakota Department of Environment and Natural Resources discussing whether EPA should designate Rapid City as nonattainment for the PM-10 standard.
(B) Letter of July 19, 1995 from EPA Region VIII discussing with the South Dakota Department of Environment and Natural Resources the exceedances of the PM-10 standard measured in the Rapid City.
(C) Letter of November 16, 1995 from the South Dakota Department of Environment and Natural Resources describing the commitment the State of South Dakota has toward permit exceedances of the PM-10 standard in the future.
(D) Letter of January 22, 1996 from the South Dakota Department of Environment and Natural Resources transmitting Rapid City street sanding requirements.
(21) On May 6, 1999 and June 30, 2000, South Dakota submitted revisions to its Air Pollution Control Program Rules. The sections of the rule being approved replace the same numbered sections that have previously been approved into the SIP. The provisions of section 74:36:07, except 74:36:07:29 and 74:36:07:30, which have previously been incorporated by reference in paragraphs (c)(16)(i)(A) and (c)(18)(i) of this section, are being removed from the South Dakota SIP.
(i) Incorporation by reference.
(A) Sections 74:36:01:01(1) through (79), effective 4/4/1999; 74:36:01:03, effective 4/4/1999; 74:36:01:05, effective 4/4/1999; 74:36:01:07, effective 4/4/1999; 74:36:01:08, effective 4/4/1999; 74:36:01:10, effective 4/4/1999; 74:36:01:17, effective 4/4/1999; 74:36:01:20, effective 4/4/1999; 74:36:02:02, effective 6/27/2000; 74:36:02:03, effective 6/27/2000; 74:36:02:04, effective 6/27/2000; 74:36:02:05, effective 6/27/2000; 74:36:04:03, effective 4/4/1999; 74:36:04:09, effective 4/4/1999; 74:36:04:11, effective 4/4/1999; 74:36:04:12, effective 4/4/1999; 74:36:04:12.01, effective 4/4/1999; 74:36:04:13, effective 4/4/1999; 74:36:01:14, effective 4/4/1999; 74:36:04:18, effective 4/4/1999; 74:36:04:19, effective 4/4/1999; 74:36:04:20, effective 4/4/1999; 74:36:04:20.01, effective 4/4/1999; 74:36:04:20.04, effective 4/4/1999; 74:36:04:22, effective 4/4/1999; 74:36:06:02, effective 4/4/1999; 74:36:06:03, effective 4/4/1999; 74:36:06:07, effective 4/4/1999; 74:36:11:01, effective 6/27/2000; 74:36:12:01, effective 6/27/2000; 74:36:13:02, effective 6/27/2000; 74:36:13:03, effective 6/27/2000; 74:36:13:04, effective 6/27/2000; and 74:36:13:07, effective 6/27/2000.
(22) On June 27, 2002, the designee of the Governor of South Dakota submitted revisions to the State Implementation Plan. The June 27, 2002 submittal consists of revisions to the Administrative Rules of South Dakota. These revisions add a new chapter 74:36:18, “Regulations for State Facilities in the Rapid City Area”. Chapter 74:36:18 regulates fugitive emissions of particulate matter from state facilities and state contractors that conduct a construction activity or continuous operation activity within the Rapid City air quality control zone.
(i) Incorporation by reference.
(A) Chapter 74:36:18 of the Administrative Rules of South Dakota, effective July 1, 2002.
(23) On September 12, 2003, the designee of the Governor of South Dakota submitted revisions to the State Implementation Plan. The September 12, 2003 submittal revises the following chapters of the Administrative Rules of South Dakota: 74:36:01, 74:36:04, 74:36:10 and 74:36:11.
(i) Incorporation by reference.
(A) Administrative Rules of South Dakota, Chapter 74:36:01, sections 74:36:01:01(77), 74:36:01:01(80), and 74:36:01:01(81); Chapter 74:36:04, sections 74:36:04:06, 74:36:04:32 and 74:36:04:33; Chapter 74:36:10, except section 74:36:10:01; and Chapter 74:36:11, section 74:36:11:01, effective September 1, 2003.