S.D. Admin. R. 74:36:05:12

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:36:05:12 - Required contents of complete application

An applicant for an operating permit for a Part 70 source or permit modification must submit the following information for the application to be considered complete:

(1) General company information, including the company name and address or the plant name and address if different from the company name, the owner's name and agent, and the plant site manager or contact;

(2) A plant description in terms of the processes and products identified by the Standard Industrial Classification Code, 1987, including any associated with each alternate scenario identified by the source;

(3) The following information on emissions:

(a) All emissions of pollutants for which the source is major and all emissions of regulated air pollutants. The applicant must describe all emissions of regulated air pollutants emitted from any emissions unit, except when such units are exempt;

(b) Identification and description of all emission units described in subsection (a) of this subdivision in sufficient detail to establish the basis for fees and the applicability of requirements of the Clean Air Act;

(c) Emissions rates in total tons per year and in any other terms necessary to establish compliance consistent with the applicable standard reference test method;

(d) Fuels, fuel use, raw materials, production rates, and operating schedules;

(e) Identification and description of air pollution control equipment and compliance monitoring devices or activities;

(f) Limits on source operation affecting emissions or any work practice standards, as applicable for all regulated air pollutants;

(g) For all pollutants regulated at the source, other information required by any applicable requirements including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height diameter, and plume temperature; and

(h) Calculations on which the items in this subdivision are based;

(4) One copy of any prepared plans and the specifications of any equipment or other facilities that may affect the source, including pollution control devices;

(5) An abatement strategies plan, if required by chapter 74:36:03;

(6) A signed and notarized certification of applicant form, as provided by the department;

(7) The results of any air dispersion modeling or stack performance testing required by the department;

(8) Citation and description of all applicable air pollution control emission limit requirements;

(9) A review of fugitive emissions included in the same manner as stack emissions, whether or not the source is included in the list of sources contained in the definition of major source;

(10) A description of or reference to any applicable test method for determining compliance with each applicable requirement;

(11) Any additional information that may be necessary to implement and enforce other requirements of the Clean Air Act or to determine the applicability of such requirements;

(12) An explanation of any proposed exemptions from otherwise applicable requirements;

(13) The use of standardized forms for acid rain portions of permit applications and compliance plans;

(14) Information necessary to define reasonably anticipated alternative operating scenarios, to define permit terms and conditions pursuant to § 74:36:05:30, or to implement a federally enforceable emission cap;

(15) A compliance plan that contains all of the following and is at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject:

(a) A description of the compliance status of the source for all applicable requirements, including applicable requirements that will become effective during the term of the permit;

(b) A description of the requirements for which the source is not in compliance at the time of permit issuance and a narrative description and a compliance schedule of how the source will achieve compliance with such requirements. The compliance schedule must include a statement that progress reports will be submitted at least once every six months; and

(c) A statement that the source will continue to demonstrate compliance with applicable requirements;

(16) A certification of compliance by a responsible official that addresses all air pollution control requirements applicable to the source. A certification of compliance for an affected source subject to Title IV and chapter 74:36:16 must be submitted by the designated representative. This certification must be consistent with any applicable enhanced monitoring and compliance certification requirement of the Clean Air Act and must include:

(a) A statement indicating methods used to determine compliance, including monitoring, record keeping and reporting requirements, and test methods;

(b) A statement that compliance certifications will be submitted at least annually or at other designated times for the duration of the permit to the department;

(c) A statement that the source is in compliance with all applicable requirements;

(d) A statement identifying the condition of the permit that is the basis of the certification, indicating the compliance status, and identifying whether compliance is continuous or intermittent; and

(e) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Clean Air Act;

(17) A certification by a responsible official of the truth, accuracy, and completeness of any application form, report, or compliance certification submitted to the department. This certification and any other required certification must state that, based on information and belief formed after reasonable inquiry, the statements and information in the documents are true, accurate, and complete; and

(18) Any other information requested by the department after submission of an application for a permit to operate a Part 70 source which is relevant to determine compliance of the source with the Clean Air Act.

An application for a renewal of an operating permit for a Part 70 source may refer to previously submitted material.

S.D. Admin. R. 74:36:05:12

19 SDR 157, effective 4/22/1993; 20 SDR 125, effective 2/9/1994; 21 SDR 119, effective 1/5/1995; 36 SDR 207, effective 6/28/2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

Standard Industrial Classification Manual, 1987, Executive Office of the President, Office of Management and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no PB 87-100012. Cost: $31.