Changes Proposed To SDDENR Air Construction Permit & GHG Rules

The South Dakota Department of Environment and Natural Resources (DENR) is proposing revisions to administrative rules of South Dakota Chapter 74:36, Air Pollution Control Program. DENR is proposing that the Board of Minerals and Environment adopt revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36 – Air Pollution Control Program to be consistent with federal rules.

The federal Environmental Protection Agency (EPA) adopted revisions to its Prevention of Significant Deterioration and Title V air quality permit programs which established greenhouse gases (GHG) as a regulated air pollutant and a greenhouse gas air emission threshold for when a business is required to obtain a permit. The proposed revisions to ARSD Article 74:36 will be to adopt the federal greenhouse gas tailoring regulations. The proposed revisions to ARSD Article 74:36 will also allow certain businesses to start construction before a construction permit is issued.

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