S.D. Admin. R. 74:36:05:30
An operating permit issued to a Part 70 source must allow the source to make the changes listed below without requiring a permit revision before the source makes those changes if the change is not a modification under any provision of Title I of the Clean Air Act and the change does not exceed the emissions allowable under the permit. The source must provide the department written notification as required in this section at least seven days in advance of the proposed changes. The source and the department shall attach each such notice to its copy of the relevant permit.
Permitted sources may make changes that do not violate any applicable requirements or contravene federally enforceable permit terms and conditions, such as monitoring, including test methods, recordkeeping, reporting; or compliance certification requirements. For each such change, the written notice must include a brief description of the change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change
If a permit applicant requests it, the department must issue permits that contain terms and conditions, including all requirements under § 74:36:05:16.01, allowing for the trading of increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. The permit applicant must include in its permit application the proposed replicable procedures and permit terms that ensure that the emission trades are quantifiable and enforceable. Any emission units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emission trades shall not be permitted for trading of emissions. The written notice must include, at a minimum, when the proposed change will occur, a description of each such change, any change in emissions, and how these increases and decreases in emissions will comply with the terms and conditions of the permit.
S.D. Admin. R. 74:36:05:30
General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 34A-1-12, 34A-1-21.