Air Quality Permitting
The air quality program issues permits for:
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.
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 June 24, 2019. 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:
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:
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 $8.30 per ton.
If the combined administrative fee and air emission fee is less than $277, the facility shall pay a minimum fee of $277.
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 $333. The flat fee for a rock crusher is $446.
Coal-fired power plants with a maximum heat output of 400 megawatts or greater pay an annual flat fee of $244,000 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 $138 is assessed for the following applications:
The $138 application fee will be assessed through June 30, 2020. On July 1, 2020, 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.
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.