The South Dakota Department of Environment and Natural Resources (DENR) received and reviewed the application for an air quality construction permit for the following applicant:
APPLICANT NAME: Upland Colony
FACILITY LOCATION: Artesian, South Dakota
The air quality construction permit will allow the construction and operation of the following processes and units:
1. Unit #2 – 2007 Cummins Non-Emergency Generator, fired with distillate oil, and a maximum operating rate of 900 kilowatts.
A review of the application indicates Upland Colony can construct and operate the non-emergency generator in compliance with South Dakota’s Air Pollution Control rules and the federal Clean Air Act. DENR, therefore, recommends the Board of Minerals and Environment issue an air quality construction permit to Upland Colony with conditions to ensure compliance with South Dakota Codified Laws (SDCL) 34A-1 and the federal Clean Air Act.
In accordance with the Administrative Rules of South Dakota (ARSD) 74:36:20:11, any person desiring to comment on DENR’s draft permit conditions must submit written comments to the address below by close of business on the thirtieth day of this public notice. Comments may be directed to the following mailing address: “Teresa Williams”; PMB 2020; Department of Environment and Natural Resources; 523 East Capitol; Pierre, South Dakota 57501. DENR will consider and address all comments submitted and issue a final permit decision pursuant to ARSD 74:36:20:13.  DENR will notify the applicant and each person that requested notice or submitted written comments of DENR’s final permit decision, including notification of any changes to the permit based on the comments.
Any person desiring to contest the issuance of this permit and have a contested case hearing must file a petition, which complies with ARSD 74:09:01:01. This petition must be filed either by close of business on the thirtieth day of this public notice or, if that person submits comments on DENR’s draft permit pursuant to the paragraph above, within thirty days of receiving notice of DENR’s final permit decision. Upon receipt of a petition, DENR will schedule this matter for a contested case hearing before the Board of Minerals and Environment.
If no comments or objections are received by close of business on the thirtieth day of this public notice, the draft permit becomes the final permit decision, and the permit will be issued.
Copies of DENR’s draft permit conditions and other information may be obtained from “Teresa Williams”, at the above address or telephone at (605) 773-3151 or the One-Stop Public Notice Page at: http://denr.sd.gov/public/
Steven M. Pirner,
Secretary, Department
of Environment and
Natural Resources