Air Quality Permitting

 
Air Quality Permits Medical Waste
Air Fees New Source Performance Standards
Acid Rain New Source Review
MACT Prevention of Significant Deterioration

Stack Testing and Consultants

 

 

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 requiredEPA 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.

 

Medical Waste requirements:   The Air Quality Program developed requirements (ARSD 74:35) for air emissions from incinerators burning medical waste and for the disposal of medical waste.  These regulations can be viewed by clicking here .

 

 Air Emission Fees: The Air Emission Fee regulations (ARSD 74:37) outline the fees structure for Part 70 Operating Permit sources, except ethanol plants.  The regulations can be viewed by clicking here.  Air fees are not assessed for minor sources.  

 

An administrative fee is assessed based upon the amount of actual emissions from a facility on an annual basis.  The fee is broken down by the following emission rates for total suspended particulate matter, sulfur dioxide, nitrogen oxide, volatile organic compounds, and hazardous air pollutants emitted to the air by the facility during the previous calendar year: 

 

$1,250 - For sources emitting equal to or greater than 100 tons/year of a regulated pollutant;
$   600 - For sources emitting 50 to less than 100 tons/year of a regulated pollutant; and
$   125 - For sources emitting less than 50 tons/year of a regulated pollutant. 

 

An emission fee is also assessed for actual emissions.   This amount is $7.50 per ton of actual regulated pollutants emitted per year along with the annual administrative fee.   

 

Asphalt plant and rock crusher operations have the opportunity to pay an annual flat fee.  By paying the flat fee, these operations can by-pass filing the annual operational report.  The flat fee for rock crushers is $400 per crusher and the asphalt plant fee is $300 per plant.  Coal-fired power plants with a maximum heat output of 400 megwatts or greater pay an annual flat fee of $220,000.  Sources subject to flat fees are not subject to the administrative or dollar per ton fee. 

 

An application fee of $125 is assessed for a construction permit and an operating permit. The fee structure under ARSD 74:37 is evaluated each year and is based on the needs of the program. 

 

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 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.

 

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. 

 

AQ Program

 

Staff

 

What We Do

 

Public Notices

 

Rapid City High Wind Dust Alerts

 

Real Time Data

 

Applications

 

Title V Permits

 

AQ Laws

 

AQ Rules

 

Radon

 

Regional Haze

 

Asbestos

 

FAQ

 

AQ Links

 

Picture of the Joe Foss Building in Pierre, South Dakota and link for driving directions

SD DENR
Joe Foss Building
523 E. Capitol
Pierre, SD 57501
(605) 773-3151