Title 40 , C.F.R. Part 60, Subpart Ce (July 1, 20 24 ), is incorporated into this rule by reference. Designated facilities , as described in Subpart Ce , must comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e through 60.38e (July 1, 20 24 ).

1. (1) Submit a Part 70 operating permit application and design drawings of the air pollution control device to the department within one year of state plan approval;
2. (2) Submit a copy of the purchase order or other documentation indicating an order has been placed for the major components of the air pollution control device within fifteen months of state plan approval;
3. (3) Begin initiation of site preparation for installation of the air pollution control device within two years after state plan approval;
4. (4) Complete installation of the air pollution control device within thirty months after state plan approval; and

5. (5) Conduct a performance test within thirty-three months after state plan approval.

   The owner or operator must comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 2024) within one year after state plan approval. The owner or operator must comply with the remaining requirements in this section within three years after state plan approval or by September 15, 2002, whichever is earlier.

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or before June 20, 1996, that decides to cease operation must notify the department, within six months of the EPA's approval of the state plan for hospital/medical/infectious waste incinerators. The written notification must inform the department of when the unit will be shut down. The shut down date may not exceed one year after the EPA's approval of the state plan for hospital/medical/infectious waste incinerators.

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or before June 20, 1996, which decides to comply with the requirements of this section must submit a compliance plan within six months of state plan approval that meets the following deadlines:

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 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-1-18 .

Law Implemented: SDCL 34A-1-18 .

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