For the purposes of this chapter, the state's definitions and requirements for the prevention of significant deterioration are those in 40 C.F.R. § 52.21 (July 1, 2018), except for 40 C.F.R. § 52.21(a)(1), (a)(2)(iv)(e), (b)(2)(iii)(h), (b)(3)(iii)(b), (b)(32), (b)(42), (b)(49)(v), (b)(55), (b)(56), (b)(57), (b)(58), (f), (k)(2), (q), (s), (t), (u), (x), (y), (z), and (cc) (July 1, 2018) with the following differences:
(1) For the purposes of this section, all terms defined in this section have the meaning defined in 40 C.F.R. § 52.21, except for the term "administrator" which means the secretary with the following exceptions: (a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator" means either the secretary or the administrator of EPA, as applicable;(b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" means either the secretary or the administrator of EPA, as applicable;(c) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 52.21(b)(50)(i); 52.21(g)(1) to 52.21(g)(6), inclusive; 52.21(l)(2); and 52.21(p)(2) the term "administrator" means the administrator of EPA;(2) For the purposes of this section, the term "Act" means the Clean Air Act;(3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South Dakota are Wind Cave National Park and the Badlands National Park;(4) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by reference excluding the second sentence which states, "Routine maintenance, repair and replacement shall include, but not be limited to, any activity(s) that meets the requirements of the equipment replacement provisions contained in paragraph (cc) of this section";(5) For the purposes of this section, 40 C.F.R. § 52.21(v)(1) is incorporated by reference excluding the phrase, "under 40 CFR 124.10";(6) For the purposes of this section, 40 C.F.R. § 52.21(w)(1) through (w)(3), inclusive, is incorporated by reference as amended and published in 81 Fed. Reg. 78048 (November 7, 2016);(7) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(i) is incorporated by reference excluding the phrase, "through (v)";(8) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(ii), the term "(b)(49)(iii) through (v)" means "(b)(49)(iii) through (iv)";(9) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(iii) is incorporated by reference excluding the phrase, "through (v)"; and(10) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(iv)(b), the term "also will have an emissions increase of a regulated NSR pollutant" means "also will have a major modification of a regulated NSR pollutant that is not GHGs". The secretary shall transmit to the administrator of the EPA a copy of each permit application subject to this section and shall notify the administrator of the EPA of each significant action the secretary takes on the application.
S.D. Admin. R. 74:36:09:02
19 SDR 157, effective 4/22/1993; 21 SDR 119, effective 1/5/1995; 30 SDR 26, effective 9/1/2003; 31 SDR 101, effective 1/2/2005; 33 SDR 43, effective 9/18/2006; 33 SDR 217, effective 6/13/2007; 36 SDR 207, effective 6/28/2010; 37 SDR 182, effective 4/20/2011; 39 SDR 219, effective 6/25/2013; 42 SDR 52, effective 10/13/2015; 44 SDR 43, effective 9/13/2017; 46 SDR 064, effective 11/25/2019General Authority: SDCL 34A-1-6, 34A-1-18.
Law Implemented: SDCL 34A-1-18.