The following emission units are exempt from inclusion in a minor source operating permit unless the source has requested federally enforceable permit conditions related to the emission unit to avoid needing a Part 70 operating permit, PSD preconstruction permit, or NSR preconstruction permit, or the emission unit is applicable to a standard in chapter 74:36:07 or 74:36:08:

1. (1) One or more incinerators of less than 100 pounds per hour combined burning capacity that combust municipal or household waste;
2. (2) A mobile internal combustion engine, including those in autos, trucks, tractors, airplanes, locomotives, and boats;
3. (3) Laboratory equipment used exclusively for chemical or physical analysis;
4. (4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except for units fueled with wood or coal;
5. (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment;
6. (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, or paving parking lots; and

7. (7) A unit that has the potential to emit two tons or less per year of any criteria pollutant before the application of control equipment. However, the criteria pollutant emissions from the unit must be included in determining whether the source is a minor source.

   An emission unit that is exempt from permitting must still meet the visible emission restriction in § 74:36:12:01.

   Cross-References: Operating permits for Part 70 sources, ch 74:36:05; Prevention of significant deterioration, ch 74:36:09.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:16, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:25, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:25, 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; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 42 SDR 52, effective October 13, 2015.

General Authority: SDCL 34A-1-6 , 34A-1-21.

Law Implemented: SDCL 34A-1-19 , 34A-1-21.

Prior versions effective: 2010-06-28.