                              Row tracking number
                      Citation from 06/14/2010 submittal
                                       
                                       
                      Number of the Rule and Rule Title 
                      Citation from 06/20/2011 submittal
                                       
                                       
                       Number of the Rule and Rule Title
                                       
                                  Discussion 
                      Action we are taking in this notice
1
74:36:01

1. Minor changes to this chapter are proposed such as grammatical changes and renumbering. All definitions previously approved on 10/11/2007 (72 FR 57864) except for "construction permit" and" commenced construction".

2
74:36:01:01
(Definitions)



3
74:36:01:01 (4) "Administrator"

Grammatical change which does not change the meaning of the definition.
Proposing approval
4
 74:36:01:01(8) "Allowable Emissions"

Updating the federal reference.
Proposing approval
5
74:36:01:01 (15)
"Clean Air Act"

Updating the federal reference
Proposing approval
6
 74:36:01:01(24) "Emission Unit" or "Unit"

Grammatical change which does not change the meaning of the definition. Also adds pollutants listed under 112(b) of the CAA. Comparable definition is under 40 CFR 51.166(a)(7).  Note that the South Dakota PSD program incorporates the federal definition at 40 CFR 52.21 by reference.  
Proposing approval
7
 74:36:01:01(29) "Federally Enforceable"

Updating the federal reference.
Proposing approval
8
74:36:01:01 (31) "Fixed Capital Cost"

This definition is being deleted because it is not being used in 74:36. The State did not IBR this definition (52.21(b)(57)) (which is marked as stayed) in its PSD regulations at 74:36:09:02. 
Proposing approval
9
74:36:01:01 (39)
"Municipal-type solid waste"

This definition is being deleted because it is not being used in 74:36.
Proposing approval
10
74:36:01:01 (43)
"Operating permit"

Modified to reflect the separation of the construction and operating permit programs.
Proposing approval
11
 74:36:01:01(49)
"Permit Modification"

Grammatical change which does not change the meaning of the definition.
Proposing approval
12
74:36:01:01 (50)
"Permit Revision"

Grammatical change which specifies the term permit revision applies to minor source operating permits or Part 70 operating permits.
Proposing approval
13
74:36:01:01 (65) "Title II"

This definition is being deleted because it is not being used in 74:36.
Proposing approval .
14
74:36:01:01 (66) "Title III"

This definition is being deleted because it is not being used in 74:36.
Proposing approval .
15
 74:36:01:01 (70) "Title VII"

This definition is being deleted because it is not being used in 74:36.
Proposing approval
16
74:36:01:01(71) "Title VIII"

This definition is being deleted because it is not being used in 74:36.
Proposing approval
17
74:36:01:01(72) "Title IX"

This definition is being deleted because it is not being used in 74:36.
Proposing approval
18
74:36:01:01(73) "Title X"

This definition is being deleted because it is not being used in 74:36.
Proposing approval
19
74:36:01:01(74) "Title XI"

This definition is being deleted because it is not being used in 74:36.
Proposing approval
20
74:36:01:01(75) "Unit or emission unit"

This definition is being deleted because the definition of "unit" is added to 74:36:01:01(24)  
Proposing approval
21
74:36:01:01(67) "VOC", "volatile organic compounds"

The definition is being updated to reference the federal definition in 40 CFR 51.100(s). This is consistent with 40 CFR 52.21(b)(30).
Proposing approval
22
74:36:01:01(72) "Construction Permit"

This new phrase is being defined in this chapter associated with the addition of a new construction permit program. The proposed definition will define what constitutes a "construction permit". There is no federal definition of "construction permit".
Proposing approval
23
74:36:01:05
(Applicable Requirements of the Clean Air Act defined)

Updating the federal reference
Proposing approval
24
74:36:01:10
(Modification defined)

Grammatical change which does not significantly change the meaning of the definition. There is no comparable federal definition.
Proposing approval
25
74:36:01:20
 (Physical change in or change in the method of operation defined)

Updating the federal reference
Proposing approval
26
74:36:01:21 (Commenced construction defined)

This new phrase is being defined in this chapter associated with the addition of a new construction permit program. The proposed definition will define what constitutes "commenced construction". This definition is similar to the federal definition of "commence" in 40 CFR 52.21(b)(9), except it does not have the phrase "within a reasonable time". The State did IBR the PSD definition, 52.21(b)(9), in its PSD regulations at 74:36:09:02.
Proposing approval
27
74:36:02
 (Ambient Air Quality)

Updating  federal references throughout. This chapter was previously approved on 10/11/2007 (72 FR 57864)
Proposing approval
28
74:36:03
 (Air Quality Episodes)

Updating federal references throughout. This chapter was previously approved on 10/11/2007 (72 FR 57864)
Proposing approval
29
74:36:04
 (Operating Permits for Minor Sources)

South Dakota is proposing a new construction program in 74:36:20. Therefore, this chapter is revised to only cover the operation of the source. 

30
74:36:04:02 
(Minor Source Operating Permit Required)

Grammatical change. South Dakota is proposing a new construction program in 74:36:20. Therefore, this chapter needs only to cover the operation of the source. This rule was originally approved on 10/19/1998 in 63 FR 55804. 
Proposing approval
31
74:36:04:02.01 
(Minor Source Operating Permit Exemption)

The exemptions in 74:36:04:03 are being separated into two separate sections. 74:36:04:02.01 identifies the criteria for a source as a whole to meet before an operating permit is required.  These exemptions were approved on 8/14/2006 in 71 FR 46403. 
Proposing approval
32
74:36:04:03 
(Minor Source Operating Permit Exemption)

The exemptions in 74:36:04:03 are being separated into two separate sections. 74:36:04:03 identifies the emission units that are not required to be included in a minor permit.  Most of these exemptions were approved on 8/14/2006 in 71 FR 46403.  

The State removed exemptions for:
1) A unit fueled by natural gas that is used exclusively for space heating;
2) Emergency electrical generators powered by petroleum products; and
3) Units fueled by waste oil.

The State decreased the scope of the exemption for units with a heat input capability of not more than 3,500,000 Btus per hour.  

The State added an exemption for routine housekeeping or plant upkeep activities.  See the discussion in our proposal.
Proposing approval
33
74:36:04:03.01 
(Minor Source Operating Permit Variance)

This section is superseded by the July 29, 2013 submittal which we are proposing action on in this rulemaking.
Proposing approval of deletion
34
74:36:04:04 
(Standard of issuance of a Minor Source Operating Permit)

Updating the federal reference and grammatical changes which do not significantly change the meaning of the rule . This chapter was previously approved on 10/11/2007 (72 FR 57864)
Proposing approval
35
74:36:04:06 
(Timely and complete application for operating permit required)

This section is being revised to separate application requirements for an operating permit. This section also adds a note at the end which references requirements for a construction permit. This rule was originally approved on 8/14/2006 in 71 FR 46403.
Proposing approval
36
74:36:04:07 
(Required contents of  complete application for operating permit)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 10/19/1998 in 63 FR 55804.
Proposing approval
37
74:36:04:08 
(Applicant required to supplement or correct application)

No changes from current approved rule. This rule was originally approved on 10/19/1998 in 63 FR 55804.
No action required
38
74:36:04:09
(Permit Application  -  Completeness review)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 04/07/2003 in 68 FR 16726.
Proposing approval
39
74:36:04:10
(Time period for department's recommendation)

Grammatical change which combines language from 74:36:04:11.
This rule was originally approved on 10/19/1998 in 63 FR 55804.
Proposing approval
40
74:36:04:11
(Department's recommendation on operating permits)

This section is being deleted since the main portion of this section is included in 74:36:04:10.

Proposing approval
41
74:36:04:12
(Public Participation in permitting process)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 04/07/2003 in 68 FR 16726.
Proposing approval
42
74:36:04:12.01
(Public review of department's draft permit)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 04/07/2003 in 68 FR 16726.
Proposing approval
43
74:36:04:13
(Final Permit Decision  -  Notice to interested persons)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 04/07/2003 in 68 FR 16726.
Proposing approval
44
74:36:04:15
(Contents of operating permit)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 10/19/1998 in 63 FR 55804 .
Proposing approval
45
74:36:04:16
(Operating permit expiration)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 10/19/1998 in 63 FR 55804 .
Proposing approval
46
74:36:04:17
(Renewal of operating permit)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 10/19/1998 in 63 FR 55804 .
Proposing approval
47
74:36:04:18
(Operating permit revision)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 04/07/2003 in 68 FR 16726.
Proposing approval
48
74:36:04:20
(Procedures for administrative permit amendment)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 04/07/2003 in 68 FR 16726.
Proposing approval
49
74:36:04:20.01
(Minor permit amendment required)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 04/07/2003 in 68 FR 16726.
Proposing approval
50
74:36:04:20.04
(Department deadline to approve minor permit amendment)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 04/07/2003 in 68 FR 16726.
Proposing approval
51
74:36:04:23
(Reopening operating permit for cause)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 10/18/1998 in 63 FR 55804 . 
Proposing approval
52
74:36:04:27
(Operating permit termination, revision, and revocation)

Grammatical change which does not significantly change the meaning of the rule. This rule was originally approved on 10/18/1998 in 63 FR 55804 .
Proposing approval
53
74:36:04:32
(General permits)

Grammatical change which does not significantly change the meaning of the rule, and changed to reflect separation of construction permit program. This rule was originally approved on 5/10/2004 in 69 FR 25839 .  See discussion of general permits in the proposal notice. 
Proposing approval
54
74:36:05      (Operating Permits for Part 70 Sources)

We are not taking action on this chapter.  The title V permit program is not part of the SIP. 
No action needed
55
74:36:07      
(New Source Performance Standards)

We are not taking action on this chapter.  NSPS are not part of the SIP.
No action needed
56
74:36:08      
(NESHAPS)

We are not taking action on this chapter.  NESHAPS are not part of the SIP.
No action needed
57
74:36:09      
(Prevention of Significant Deterioration)

The proposed changes were acted on on 07/22/2011 in 76 FR 43912.
No action needed
58
74:36:10      
(New Source Review)

This section is superseded by the July 29, 2013 submittal which we are proposing action on in this rulemaking.
Proposing approval
59
74:36:11      
(Performance Testing)

Updating the federal reference throughout chapter 11
Proposing approval
60
74:36:12      
(Control of Visible Emissions)

Updating the federal reference throughout chapter 12
Proposing approval
61
74:36:13     
(Continuous Emissions Monitoring Systems)

Updating the federal reference throughout chapter 13
Proposing approval
62
74:36:16     
(Acid Rain Program)

We are not taking action on this chapter

63
74:36:18     
(Regulations for State Facilities In The Rapid City Area)

Updates 74:36:18:10 (Visible emission limit for construction and continuous operation activities) to update test method to EPA's Method 9 in 40 CFR Part 60 Appendix A (July 1, 2009).
Proposing approval
64
74:36:19    
(Mercury Budget Trading Program)

The DC Circuit vacated the Clean Air Mercury Rule and the State is proposing to delete Chapter 19. This rule is already removed from the SIP.
No action needed
65
74:36:20    
(Construction Permits For New Sources Or Modifications)

The new construction permit program meets the requirements of the CAA and 40 CFR 51.160 and is therefore approvable.  See discussion in the proposal notice. 

Proposing approval
66

74:36:20    
(Construction Permits For New Sources Or Modifications)
Adds new section 74:36:20:02.01 (Initiating construction prior to permit issuance).  We are proposing to disapprove  this rule as it is not in compliance with 40 CFR 51.160 and the CAA. We are also proposing to disapprove the phrase "unless it meet the requirements in 74:36:20:02.01" in 74:36:20:02.  See discussion in the proposal notice.
Proposing disapproval






