Terms used in this article mean:

1. (1) "Act," chapter 34A-1 of the South Dakota Codified Laws;
2. (2) "Acid rain permit," a legally binding written document or portion of a document that is issued by the department and specifies the acid rain program requirements applicable to an affected source and to the owners and operators and the designated representative of the affected source;
3. (3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with Title IV of the Clean Air Act;
4. (4) "Administrator," the administrator of the Environmental Protection Agency or the secretary;
5. (5) "Affected source," a source that includes one or more affected units under Title IV of the Clean Air Act;
6. (6) "Affected unit," a unit that is subject to any of the emission reduction requirements or emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36:16;
7. (7) "Air pollutant," one or a combination of the regulated air pollutants listed in § 74:36:01:15;

8. (8) "Allowable emissions," the emission rate calculated using the maximum rated capacity of a source, unless the source is subject to federally enforceable limits that restrict operating rate or hours of operation, or both, and the most stringent of:

   1. (a) The applicable new source performance standards in chapter 74:36:07;
   2. (b) The applicable national emission standards in chapter 74:36:08;
   3. (c) Any applicable emission limitations specified in this article, including those with a future compliance date;
   4. (d) The emission rate specified as a permit condition; or
   5. (e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July 1, 2024);
9. (9) "Ambient air," that portion of the atmosphere external to buildings to which the general public has access;
10. (10) "ASTM," the American Society for Testing and Materials;
11. (11) "Board," the Board of Minerals and Environment;
12. (12) "Btu," British thermal unit;
13. (13) "CO," carbon monoxide;
14. (14) "Chairman," chairman of the board;
15. (15) "Clean Air Act," the Clean Air Act, 42 U.S.C. § 7401 et seq., as amended through (January 1, 2010);
16. (16) "Clean Air Act Amendments," the amendments to the Clean Air Act of 1990, Pub. L. No. 101-549 (1990);
17. (17) "Control equipment," a device that prevents or reduces emissions;
18. (18) "Criteria pollutant," nitrogen oxides, volatile organic compounds, and selected and specified pollutants for which limiting ambient air quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide, and lead;
19. (19) "Department," the South Dakota Department of Agriculture and Natural Resources;
20. (20) "Designated representative," the responsible person or official authorized by the owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to the unit and the submission of and compliance with permits, permit applications, and compliance plans for the unit;
21. (21) "Draft permit," the version of a permit for which the department offers public participation or affected state review;
22. (22) "Emissions allowable under the permit," a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit, including work practice standards, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject;
23. (23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a single unit;
24. (24) "Emission unit" or "Unit," any part or activity of a stationary source that emits or has the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the Clean Air Act;
25. (25) "EPA," the Environmental Protection Agency;
26. (26) "Equivalent method," any method of sampling and analysis for an air pollutant which has a consistent and quantitatively known relationship to the reference method under specified conditions;
27. (27) "Existing source," a source that has an approved state-issued permit;
28. (28) "Facility," a building, structure, or installation of pollutant-emitting activities which belong to the same industrial grouping, located on one or more contiguous or adjacent properties and under the control of the same person or of persons under common control, except the activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial grouping if they belong to the same major group, i.e., have the same two-digit code, as described in the Standard Industrial Classification Manual, 1987;
29. (29) "Federally enforceable," all limits and conditions that are enforceable by the administrator of the EPA pursuant to federal law. These limits and conditions include those requirements developed pursuant to this article, those appearing in 40 C.F.R. Parts 60 and 61 (July 1, 2024), requirements within the state implementation plan, and permit requirements established pursuant to this article or 40 C.F.R. Part 51, Subpart I (July 1, 2024). The use of this term does not impede the department's authority under state law to enforce these limits and conditions;
30. (30) "Final permit," the version of an operating permit issued by the permitting authority for a source that has completed all required review procedures;
31. (31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components used in the process of burning fuel or other combustible material for the primary purposes of producing heat or power by indirect heat transfer;
32. (32) "Fugitive emissions," those air pollutants that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening;
33. (33) "General permit," a permit issued by the board in accordance with SDCL 34A-1-56, which may be made applicable to numerous similar sources;
34. (34) "Heat input," the aggregate heat content of all fuels whose products of combustion pass through a stack or stacks, using the heat input value of the equipment manufacturer's or designer's guaranteed maximum input, whichever is greater;
35. (35) "Incinerator," a furnace used to burn solid waste to reduce the volume of the waste by removing its combustible material;
36. (36) "Malfunction," any sudden and unavoidable failure of air pollution control equipment or process equipment, or of a process to operate in a normal or usual manner, but not a failure caused entirely or in part by poor maintenance, careless operation, preventable equipment breakdown, or any other cause within the control of the owner or operator of the source;
37. (37) "Minor source," a source whose potential emissions of a criteria pollutant are less than one hundred tons a year and which does not meet the definition of a Part 70 source;
38. (38) "New source," a source that has not been constructed and does not possess a permit;
39. (39) "Nonattainment area," an area that does not meet, or that contributes to ambient air quality in a nearby area that does not meet, the national primary or secondary ambient air quality standard for the pollutant;
40. (40) "NSR," new source review;
41. (41) "Opacity," the degree to which emissions reduce the transmission of light and obscure the view of an object in the background;
42. (42) "Open burning," the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passage through a stack, duct, or chimney;
43. (43) "Operating permit," a written authorization issued by the board or the secretary for the operation of a source;
44. (44) "Owner or operator," any person who owns, leases, operates, controls, or supervises a source;
45. (45) "Part 70 operating permit," any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised;
46. (46) "Part 70 source," any source subject to § 74:36:05:03;
47. (47) "Particulate matter," a broad class of chemically and physically diverse substances that exist as discrete particles, liquid droplets, or solids over a wide range of sizes;
48. (48) "Permit modification," a change to a source that operates under a minor source operating permit or Part 70 operating permit that meets the requirements of § 74:36:01:10;
49. (49) "Permit revision," a revision to a minor source operating permit or Part 70 operating permit to incorporate a permit modification, administrative permit amendment, insignificant increase in allowable emissions, or minor permit amendment;
50. (50) "Person," an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision, or state agency or any legal successor, representative, agent, or agency of the foregoing;
51. (51) "PM10," particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by an applicable reference or equivalent method;
52. (52) "Proposed Part 70 operating permit," a permit that the department has forwarded to the EPA for review after the closure of the public notice period and after considering any public comments, including those from affected states;
53. (53) "PSD," prevention of significant deterioration;
54. (54) "Salvage operation," an operation conducted in whole or in part for the reclaiming of product or material;
55. (55) "Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources or an authorized representative;
56. (56) "Shutdown," the cessation of operation of any control equipment, process equipment, or process for any purposes;
57. (57) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ash, and other combustible material, which form a visible plume in the air;
58. (58) "Source," a facility that emits or may emit any air pollutant regulated under the Clean Air Act;
59. (59) "Start-up," the setting into operation of any control equipment, process equipment, or process for any purpose;
60. (60) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and maintenance of national ambient air quality standards;
61. (61) "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control;
62. (62) "Title V," Title V of the Clean Air Act Amendments, permits;
63. (63) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone protection;
64. (64) "VOC" or "volatile organic compounds," the same as defined in 40 C.F.R. § 51.100(s) (July 1, 2024);
65. (65) "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer to salvage nonferrous metals through the thermal destruction of solid waste materials;
66. (66) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by an applicable reference or equivalent method;
67. (67) "SO2," sulfur dioxide;
68. (68) "NO2," nitrogen dioxide;
69. (69) "Construction permit," a written authorization issued by the board or the secretary for the construction and operation of a new source or modification to an existing source;
70. (70) "Subject to regulation," any air pollutant that is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in 40 C.F.R. Part 50 (July 1, 2024), which requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit, or restrict the quantity of emissions of that pollutant released from the regulated activity;
71. (71) "Closed landfill," a landfill in which solid waste is no longer being placed, and in which no additional solid waste will be placed without first filing a notification of modification; and

72. (72) "Closed landfill subcategory," a closed landfill that has submitted a closure report for an existing municipal solid waste landfill as specified in § 74:36:07:142 on or before September 27, 2017.

    Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office of Management and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-100012. Cost: $31.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015 ; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019 ; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021 ; 52 SDR 27, effective September 17, 2025 .

General Authority: SDCL 34A-1-6 .

Law Implemented: SDCL 34A-1-1 , 34A-1-6 .

Prior versions effective: 2021-04-19, 2019-11-25, 2017-09-13, 2015-10-13, 2013-06-25.