Modification is a physical change in or change in the method of operation of a source that results in at least one of the following:

1. (1) An increase in the amount of an air pollutant emitted by that source or in the emission of an air pollutant not previously emitted, except for an insignificant increase in allowable emissions as specified in § 74:36:01:10.01;
2. (2) A significant change to existing monitoring, reporting, or record keeping requirements in the permit;
3. (3) The change requires or changes a case-by-case determination of an emission limit or other standard, a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis; or
4. (4) The change seeks to establish or change a permit term or condition for which there is a corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I, or an alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the Clean Air Act.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:02, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 42 SDR 52, effective October 13, 2015.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

Prior versions effective: 2010-06-28.