CHAPTER 74:37:01
AIR EMISSION FEES
Section
74:37:01:01 Applicability.
74:37:01:02 Regulated air pollutant defined.
74:37:01:03 Rock crusher defined.
74:37:01:03.01 Application fee.
74:37:01:04 Administrative fee.
74:37:01:05 Annual air emission fee.
74:37:01:06 Annual operational report.
74:37:01:07 Flat fee for rock crushers.
74:37:01:07.01 Flat fee for asphalt plants.
74:37:01:07.02 Flat fee for coal-fired power plants.
74:37:01:08 Notification of source.
74:37:01:09 Notification of error.
74:37:01:02. Regulated air pollutant defined. A regulated air pollutant is one of the following:
(1) Nitrogen oxides or any volatile organic compounds;
(2) Particulate matter;
(3) Nitrogen dioxide, sulfur dioxide, lead, ozone, or any pollutant, excluding carbon monoxide, for which a national ambient air quality standard has been promulgated;
(4) Any pollutant that is subject to any standard promulgated under section 111 of the Clean Air Act; and
(5) Any pollutant that is subject to any standard promulgated under section 112 of the Clean Air Act.
Source: 19 SDR 199, effective July 1, 1993.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6.
Cross-Reference: Regulated air pollutant defined, § 74:36:01:15.
74:37:01:03.01. Application fee. An applicant for a construction permit for a source that is considered a major source as defined in § 74:36:01:08, an initial Part 70 operating permit as defined in § 74:36:01:01, a general permit for a Part 70 source as defined in § 74:36:01:01, a permit renewal for a Part 70 operating permit, or a permit modification for a Part 70 operating permit shall submit an application fee of $138.
Source: 36 SDR 208, effective June 28, 2010; 44 SDR 94, (adopted December 5, 2017) effective July 1, 2018; 45 SDR 155, effective June 24, 2019.
General Authority: SDCL 34A-1-58.
Law Implemented: SDCL 34A-1-58.
74:37:01:04. Administrative fee. Existing sources with a Part 70 operating permit as defined in § 74:36:01:01, except single rock crushers or single asphalt plants with a general permit, shall pay an annual administrative fee based on actual emissions by the source during the previous calendar year according to the following tier system:
(1) Less than 50 tons per year, $138;
(2) Fifty to less than 100 tons per year, $666; and
(3) Equal to or greater than 100 tons per year, $1,383.
Source: 19 SDR 199, effective July 1, 1993; 20 SDR 218, effective July 1, 1994; 36 SDR 208, effective June 28, 2010; 44 SDR 94, effective December 5, 2017; 45 SDR 155, effective June 24, 2019.
General Authority: SDCL 34A-1-58.
Law Implemented: SDCL 34A-1-58.
Cross-Reference: Notification of source, § 74:37:01:08.
74:37:01:05. Annual air emission fee. In addition to the fee established in § 74:37:01:04, the owner or operator of a Part 70 source as defined in § 74:36:01:01, except single rock crushers or single asphalt plants with a general permit, shall pay an annual air emission fee for each ton of a regulated air pollutant emitted to the air by the source during the previous calendar year. The annual air emission fee is $8.30 per ton of each regulated pollutant. If the combined administrative fee and annual air emission fee is less than $277, the Part 70 source shall pay a minimum fee of $277.
Source: 19 SDR 199, effective July 1, 1993; 20 SDR 218, effective July 1, 1994; 36 SDR 208, effective June 28, 2010; 44 SDR 94, effective December 5, 2017; 45 SDR 155, effective June 24, 2019.
General Authority: SDCL 34A-1-58.
Law Implemented: SDCL 34A-1-58.
74:37:01:06. Annual
operational report. An owner or operator of a Part 70 source as defined in
§ 74:36:01:01, except any single rock crusher or single asphalt plant with
a general permit, shall submit an annual operational report to the department
by March 1 of each year. The operational report must be signed by the owner or
operator under oath in the presence of a notary public. The operational report
must be in a format provided by the department and contain the necessary
information to quantify actual emissions of all regulated pollutants that were
emitted by the source to the ambient air during the previous calendar year.
Source:
19 SDR 199, effective July 1, 1993; 20 SDR 218, effective July 1, 1994; 36 SDR
208, effective June 28, 2010.
General
Authority: SDCL 34A-1-58.
Law
Implemented: SDCL 34A-1-58.
74:37:01:07. Flat fee for rock crushers. The annual flat fee for an existing single rock crusher with a general permit is $446. The administrative fee in § 74:37:01:04, the annual air emission fee in § 74:37:01:05, and the annual operational report in § 74:37:01:06 do not apply to any single rock crusher with a general permit.
Source: 19 SDR 199, effective July 1, 1993; 20 SDR 218, effective July 1, 1994; 36 SDR 208, effective June 28, 2010; 44 SDR 94, effective December 5, 2017; 45 SDR 155, effective June 24, 2019.
General Authority: SDCL 34A-1-58.
Law Implemented: SDCL 34A-1-58.
74:37:01:07.01. Flat fee for asphalt plants. The annual flat fee for an existing single asphalt plant with a general permit is $333. The administrative fee in § 74:37:01:04, the annual air emission fee in § 74:37:01:05, and the annual operational report in § 74:37:01:06 do not apply to any single asphalt plant with a general permit.
Source: 20 SDR 218, effective July 1, 1994; 36 SDR 208, effective June 28, 2010; 44 SDR 94, effective December 5, 2017; 45 SDR 155, effective June 24, 2019.
General Authority: SDCL 34A-1-58.
Law Implemented: SDCL 34A-1-58.
74:37:01:07.02. Flat fee for coal-fired power plants. The annual flat fee for any coal-fired power plant with a maximum heat output rate of 400 megawatts or greater is $244,000. A coal-fired power plant means any person, corporation, limited liability company, association, company, partnership, political subdivision, municipality, rural electric cooperative, consumers power district, or any group or combination acting as a unit, owning or holding under lease, or otherwise, real property used, or intended for use, for the conversion of coal into electric power. The administrative fee in § 74:37:01:04 and the annual air emission fee in § 74:37:01:05 do not apply.
Source: 36 SDR 208, effective June 28, 2010; 44 SDR 94, effective December 5, 2017; 45 SDR 155, effective June 24, 2019.
General Authority: SDCL 34A-1-58.
Law Implemented: SDCL 34A-1-58.
74:37:01:08. Notification of source. The department shall notify the owner or operator of the source of the amount of the required annual air emission fee and administrative fee or flat fee by June 1 of each calendar year. The fees shall accrue on July 1 and are payable to the Department of Agriculture and Natural Resources by July 31 of each year.
Source: 19 SDR 199, effective July 1, 1993; 45 SDR 155, effective June 24, 2019; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34A-1-58, 34A-1-60.
Law Implemented: SDCL 34A-1-60.
74:37:01:09. Notification of error. An owner or operator of a source who believes that the assessed fee is in error may submit a written explanation and supporting documentation substantiating the error to the department. The submittal must be postmarked by June 20. The department shall review the submittal and respond to the owner or operator within 15 days after receiving the submittal.
Source: 19 SDR 199, effective July 1, 1993.
General Authority: SDCL 34A-1-58.
Law Implemented: SDCL 34A-1-58.
