South Dakota New Source Review regulations & environmental compliance analysis

South Dakota New Source Review : What you need to know

Governing Law and Regulations

Construction permits: Administrative Rules of South Dakota (ARSD) 74:36:04:02

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Nonattainment new source review (NSR): ARSD 74:36:10 and 40 CFR 81.342

Prevention of significant deterioration (PSD): 40 CFR 52.2172, LNK!Type=03!RegscanDoc=db=air&doc=000200VV.HTM&lic=HF0000-WXEJ2MNKHEEOKFE!}40 CFR 52.2178{/LNK!Type=03!}, and ARSD 74:36:09

Action on the application: ARSD 74:36:09:03

Class I areas: 40 CFR 81.427

Regulatory Agency

South Dakota Department of Environment and Natural Resources (DENR) Air Pollution Control Program

Comparison: State vs. Federal

· Rules. South Dakota requires new and modified sources likely to emit pollutants to obtain a permit before construction, installation, modification, or operation begins. Construction and operating permits requirements are combined into a single permit for nonmajor sources.

South Dakota is currently in attainment with all the National Ambient Air Quality Standards (NAAQS) for the various criteria pollutants. Therefore, new major sources and major modifications to existing sources are not subject to the requirements of nonattainment NSR at this time. However, such sources and changes are subject to PSD requirements. The state administers a state implementation plan (SIP)-approved PSD program. The South Dakota PSD regulations are adopted and incorporated by reference from the current federal PSD requirements. See the national section NEW SOURCE REVIEW for more information on current nonattainment NSR and PSD programs.

Major sources must also comply with the Title V operating permit program. For additional information on major source operating permits, including Title V and synthetic minor operating permits, see the state section TITLE V.

· Administration and enforcement.

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