For the purposes of this chapter, the state's definitions and requirements for the prevention of significant deterioration are those in 40 C.F.R. § 52.21 (July 1, 2024), except for 40 C.F.R. § 52.21(a)(1), (b)(2)(iii)(h), (b)(3)(iii)(b), (b)(32), (b)(42), (f), (k)(2), (q), (s), (t), (u), (x), (y), and (z) (July 1, 2024) with the following differences:

1. (1) All terms defined in this section have the meaning defined in 40 C.F.R. § 52.21, except for the term "administrator," which means the secretary with the following exceptions:

   1. (a) In 40 C.F.R. §§ 52.21(b)(3)(iii); 52.21(b)(37)(iii); and 52.21(w)(2) to 52.21(w)(4), the term "administrator" means either the secretary or the administrator of the EPA, as applicable; and
   2. (b) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 52.21(b)(50)(i); 52.21(g)(1) to 52.21(g)(6), inclusive; 52.21(l)(2); and 52.21(p)(2) the term "administrator" means the administrator of the EPA;
2. (2) For purposes of this section, the term "Act" means the Clean Air Act;
3. (3) For purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in this state are Wind Cave National Park and the Badlands National Park; and

4. (4) For purposes of this section, 40 C.F.R. § 52.21(v)(1) is incorporated by reference excluding the phrase, "under 40 CFR 124.10."

   The secretary must transmit to the administrator of the EPA a copy of each permit application subject to this section and must notify the administrator of the EPA of each significant action the secretary takes on the application.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011; 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.