South Dakota Title V regulations & environmental compliance analysis

South Dakota Title V: What you need to know

Governing Law and Regulations

Non-Title V operating permits: Administrative Rules of South Dakota (ARSD) 74:36:04

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Title V operating permits: ARSD 74:36:05:01 to 74:36:05:52 and 40 CFR Appendix A

Applicability: ARSD 74:36:05:04:01 to 74:36:05:04:04 and 40 CFR Appendix A

Application content: ARSD 74:36:05:04.01 and ARSD 74:36:05:12

Action on the application: ARSD 74:36:05:09 and ARSD 74:36:05:17 to 74:36:05:23

Fees: ARSD 74:37:01:04 to 74:37:01:06

Regulatory Agency

South Department of Environment and Natural Resources (DENR) Air Quality Program

Comparison: State vs. Federal

· Rules. South Dakota’s Title V operating permit program mirrors the federal requirements. The state’s Title V operating permit program received full approval from the U.S. Environmental Protection Agency (EPA), effective February 28, 1996. EPA has also approved a Title V permitting threshold for greenhouse gas emissions that is consistent with the current federal requirements. See the national section TITLE V for more information on the federal requirements.

· Administration and enforcement. DENR’s Air Quality Program administers and enforces the Title V program in South Dakota.

State Requirements


ARSD 74:36:04

Any source or unit likely to cause the emissions of air pollutants into the ambient air or any air pollution control equipment may not be constructed, installed, modified, or operated until the applicable operating permit has been obtained from DENR. See OPERATING PERMITS in the state section AIR EMISSIONS PERMITS for more information.



ARSD 74:36:05:04:01 to 74:36:05:04:04

The applicability of South Dakota’s Title V program follows the federal Title V provisions, including the ...

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