S.D. Admin. R. 74:52:01:02.02

Current through Register Vol. 51, page 46, September 30, 2024

Section 74:52:01:02.02 - Construction and new source determination

Construction on a site at which an existing source is located results in a modification subject to chapter 75:52:04 rather than a new source (or a new discharger) if the construction does not create a new building, structure, facility, or installation meeting the criteria of (1) through (3) of § 74:52:01:02.01 but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source has commenced if the owner or operator has:

(1) Begun, or caused to begin as part of a continuous on-site construction program:

(a) Any placement, assembly, or installation of facilities or equipment; or

(b) Significant site preparation work including clearing, excavation or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(2) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation with a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility engineering, and design studies do not constitute a contractual obligation under the paragraph.

S.D. Admin. R. 74:52:01:02.02

44 SDR 98, effective 12/11/2017

General Authority: SDCL 34A-2-28.

Law Implemented: SDCL 34A-2-36, 34A-2-36.2.