S.D. Admin. R. 74:52:01:02.01

Current through Register Vol. 51, page 34, September 9, 2024

Section 74:52:01:02.01 - Criteria for new source determination

Except as otherwise provided in an applicable new source performance standard, a source is a "new source" if it meets the definition of "new source" in § 74:52:01:01(30), and

(1) It is constructed at a site at which no other source is located; or

(2) It totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(3) Its processes are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the secretary shall consider such factors as the extent to which the new facility is integrated with the existing plant; and the extent to which the new facility is engaged in the same general type of activity as the existing source.

A source meeting the requirements of (1) through (3) of this section is a new source only if a new source performance standard is independently applicable to it. If there is no such independently applicable standard, the source is a new discharger.

S.D. Admin. R. 74:52:01:02.01

44 SDR 98, effective 12/11/2017

General Authority: SDCL 34A-2-28.

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