The following sources are exempt from obtaining a Part 70 operating permit:

1. (1) All sources that are not included in § 74:36:05:03;
2. (2) Sources that operate a unit subject to 40 C.F.R. Part 60, Subpart AAA-Standards of Performance for New Residential Wood Heaters (July 1, 2024) are exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart AAA. Exempted sources must still meet the applicable requirements in Subpart AAA; and
3. (3) Sources that operate a unit subject to 40 C.F.R. § 61.145, Standard for Demolition and Renovation (July 1, 2024) are exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. § 61.145 (July 1, 2024). Exempted sources must meet the applicable requirements in 40 C.F.R. § 61.145 (July 1, 2024).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 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 , 34A-1-21 .

Law Implemented: SDCL 34A-1-12 , 34A-1-21 .

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