Applicable requirements of the Clean Air Act defined. Applicable requirements of the Clean Air Act include all of the following as they apply to emissions units in a Part 70 source, unless the context of the Clean Air Act requires otherwise:

1. (1) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by the EPA through rulemaking under Title I of the Clean Air Act that implements the relevant requirements of the Clean Air Act, including any revisions to that plan promulgated in 40 C.F.R. Part 52 (July 1, 2024);
2. (2) Any term or condition of any preconstruction permits issued pursuant to regulations approved through rulemaking under Title I, including Parts C or D, of the Clean Air Act;
3. (3) Any standard or other requirement under § 111 of the Clean Air Act, including § 111(d);
4. (4) Any standard or other requirement under § 112 of the Clean Air Act, including any requirement concerning accident prevention under § 112(r)(7) of the Clean Air Act;
5. (5) Any standard or other requirement of the acid rain program under Title IV of the Clean Air Act or the regulations promulgated under it;
6. (6) Any monitoring, reporting, and certification requirements established pursuant to § 504(b) or 114(a)(3) of the Clean Air Act;
7. (7) Any standard or other requirement governing solid waste incineration, under § 129 of the Clean Air Act;
8. (8) Any standard or other requirement for consumer and commercial products, under § 183(e) of the Clean Air Act;
9. (9) Any standard or other requirement for tank vessels, under § 183(f) of the Clean Air Act;
10. (10) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under § 328 of the Clean Air Act;
11. (11) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Clean Air Act, unless the administrator of the EPA has determined that such requirements need not be contained in a Part 70 operating permit; and
12. (12) Any national ambient air quality standard or increment or visibility requirement under Part C of Title I of the Clean Air Act, but only as it would apply to temporary sources permitted pursuant to § 504(e) of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 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 ; 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: 2019-11-25, 2017-09-13, 2015-10-13, 2013-06-25.