Air Quality Permitting

The air quality program issues permits for:

• Title V (Part 70) Sources -  This is an air pollution source:
  • With the potential to emit greater than 100 tons per year of a regulated pollutant, greater than 10 tons per year of one hazardous air pollutant or greater than 25 tons/year of a combination of the 188 hazardous air pollutant listed by EPA;
  • That falls within the applicability requirements for New Source Performance Standards (NSPS); or
  • That falls within the applicability requirements of the Maximum Achievable Control Technology (MACT) Standards for hazardous air pollutants. 
    
• Minor Sources - This is an air pollution source that is not a Part 70 source and has uncontrolled potential emissions less than 100 tons per year of a regulated air pollutant.  
  
• General Permits - This is an air pollution source that may be a portable or stationary Part 70, Synthetic Minor or Minor source. Source categories in which general permits have been developed include Asphalt Plants, Rock Crushers, Concrete Plants and Grain Elevators.  General permits can be obtained by submitting an application and the appropriate notice of intent to operate (see individual applications packages under applications).  Storm Water requirements are also addressed in the general permits for Asphalt Plants, Rock Crushers and Concrete Plants.

If you are interested in obtaining an air quality permit application for one of the sources listed above click here. The applications are available in several formats.

Prevention of Significant Deterioration (PSD) program:   The PSD program is designed to protect the air quality in areas that are in attainment with the national ambient air quality standards in South Dakota.  The program requires a new business or existing business that undergoes a modification to their existing operations to obtain a pre-construction permit, if the source falls within the applicability requirements of the regulations.  The pre-construction permit ensures that the national ambient air quality standards will not be exceeded.  The Air Quality Program received delegation of the PSD program from EPA in July 1994.  Prior to this date, EPA issued the pre-construction permit.  The Air Quality program adopted the PSD regulations by reference from 40 CFR Part 52.21.  To view the content of the federal rules, you will want to obtain a copy of these rules.

New Source Review (NSR) program: The NSR program is designed to protect the air quality in areas not attaining the national ambient air quality standards in South Dakota when new businesses are built or existing facilities modify their existing operations. All areas in South Dakota currently meet the national ambient air quality standards.  

The Air Quality Program has developed New Source Review regulations for South Dakota and they are listed in ARSD 74:36:10.

  
Maximum Achievable Control Technology (MACT) program:  Under the Clean Air Act Amendments of 1990, EPA devised this program to address hazardous air pollutant emissions.  EPA identified 188 hazardous air pollutants for which MACT is required.  EPA has taken the approach to implement this program through source categories.   For example, they have developed MACT standards for dry cleaners, gasoline distribution, oil and natural gas production, wood furniture manufacturing, etc... The Air Quality Program will adopt the federal MACT regulations by reference as they are prolumagated and if they are applicable to sources in South Dakota.

The Air Quality Program adopts the federal regulations by reference  in ARSD 74:36:08. The state rules reference the federal citations, so you will want to view the federal rules at (40 CFR 63) to see the content of the rules. 

New Source Performance Standards (NSPS) program:   EPA has developed new source performance standards in 40 CFR Part 60 for certain source categories.  These categories include sources such as asphalt plants, metallic and nonmetallic mineral processors, cement manufacturers, boilers, incinerators, etc... The regulations establish emission standards, monitoring requirements and reporting requirements.  The source applicability requirements are based upon date of manufacture and size of the unit. 

The Air Quality Program adopts the federal regulations by reference in ARSD 74:36:07. The state rules reference the federal citations, so you will want to view the federal rules at (40 CFR 60) to see the content of the rules. 

Acid Rain program: Under the Clean Air Act Amendments of 1990, EPA established requirements for Acid Rain sources.  This program is designed to reduce air emissions that contribute to smog and acid rain.  These regulations establish standards for sulfur dioxide and nitrogen oxide air pollutants and monitoring and reporting requirements.   Electrical generating facilities are the main sources addressed under these regulations.  At the present time in South Dakota, Otter Tail Power, Northwestern Public Service Company and Northern States Power Company are the only facilities to which these rules apply. 

The Air Quality Program's Acid Rain regulations are in ARSD 74:36:16.  These rules have been adopted by reference from the federal regulations listed in 40 CFR Part 72 through 75.  To view more information on Acid Rain click here.

 Air Emission Fees: The Air Emission Fee regulations (ARSD 74:37) outline the fees structure for a facility required to obtain a Title V (Part 70) air quality operating permit, except ethanol plants.  The regulations can be viewed by clicking here.  Air fees are not assessed for a facility required to obtain a minor air quality operating permit.

The air fees below reflect the revised Air Emission Fee regulations that were approved and effective December 5, 2017. The annual air fee is based on the following regulated pollutants emitted to the air by the facility during the previous calendar year, except for asphalt plants, rock crusher operations, and coal-fired power plants:

• Total suspended particulate matter;
• Sulfur dioxide;
• Nitrogen oxide;
• Volatile organic compounds; and
• Hazardous air pollutants.

An administrative fee is assessed based on the combined amount of actual air emissions from a facility on an annual basis and is broken down into the following three categories: 

• $1,350 - For a facility emitting equal to or greater than 100 tons per year of regulated pollutants;
• $650 - For a facility emitting 50 to less than 100 tons per year of regulated pollutants; and
• $135 - For a facility emitting less than 50 tons per year of regulated pollutants. 

An air emission fee is also assessed on the combined amount of actual air emissions from a facility on an annual basis. This amount is $8.10 per ton.   

If the combined administrative fee and air emission fee is less than $270, the facility shall pay a minimum fee of $270.

Asphalt plants and rock crusher operations that are issued a general permit shall pay an annual flat fee and are exempt from paying an administrative and air emission fee and are not required to submit an annual operational report.  The flat fee for an asphalt plant is $325. The flat fee for a rock crusher is $435. 

Coal-fired power plants with a maximum heat output of 400 megawatts or greater pay an annual flat fee of $238,000 and are exempt from paying an administrative and air emission fee.

The department will inform the facility, by mail, of the annual air fee by June 1 of each year. The amount due for the annual air fee should be made payable to the Department of Environment and Natural Resources and remitted to the Department of Revenue by July 31 of each year. A facility may submit the applicable fee either by mail or through the department’s online system at https://apps.sd.gov/nr35environmentalfees/Login.aspx.

An application fee of $135 is assessed for the following applications:

• A construction permit for a facility required to obtain a Title V (Part 70) air quality operating permit;
• An initial Title V (Part 70) air quality operating permit;
• A general permit for a Title V (Part 70) air quality operating permit;
• A permit renewal for a Title V (Part 70) air quality operating permit; and
• A permit modification for a Title V (Part 70) air quality operating permit. 

The $135 application fee will be assessed through June 30, 2019. On July 1, 2019, the application fee may increase for the above applications.

The application fee is required to be submitted with the application. An application is not considered complete until the application fee is submitted.

Air Emission Fees for Ethanol Plants: Ethanol plants are not subject to the air fees established in ARSD 74:37. Instead, SDCL 34A-1-58.1 establishes air fees for ethanol plants. The law can be viewed by clicking here.

The annual air fee for an ethanol plant is established at an administrative fee of $1,000 and an air emissions fee of $40 per ton of total suspended particulate matter, sulfur dioxide, nitrogen oxide, volatile organic compounds, and hazardous air pollutants emitted to the air by the ethanol plant during the previous calendar year. A one-time application fee of $1,000 is assessed to each new ethanol plant.

The department will inform the ethanol plant, by mail, of the annual air fee by June 1 of each year. The amount due for the annual air fee should be made payable to the Department of Environment and Natural Resources and remitted to the Department of Revenue by July 31 of each year. An ethanol plant may submit the applicable fee either by mail or through the department’s online system at https://apps.sd.gov/nr35environmentalfees/Login.aspx.

Stack Testing and other Air Quality Consultants: 

In obtaining a new permit or renewing an expired permit, some facilities are required to conduct a stack performance test. To assist in this requirement, click here for a national listing of stack testing companies. The air program has also complied a listing of air quality consultants for permitting, assessments, testing, etc. Click here to view this list.