The department must approve the control system if it is equivalent to or meets one of the following requirements:

1. (1) An open flare designed and operated in accordance with the parameters established in 40 C.F.R. § 60.18 (July 1, 2024);
2. (2) A control system designed and operated to reduce nonmethane organic compounds by ninety-eight percent by weight; or

3. (3) An enclosed combustor designed and operated to either reduce nonmethane organic compounds by ninety-eight percent by weight or the outlet nonmethane organic compound concentration to twenty parts per million as hexane by volume, dry basis at three percent oxygen, or less.

   The EPA approved South Dakota’s 111d plan as required by the Clean Air Act on March 30, 2021. These rules are no longer in effect except for the owner or operators permitted prior to the date of the EPA approval.

Source: 23 SDR 106, effective December 29, 1996; 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.