Physical change or change in the method of operation described.
Effective Sep 17, 202552 SDR 27Source: 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019 ; 52 SDR 27, effective September 17, 2025 . | General Authority: SDCL 34A-1-6 . | Law Implemented: SDCL 34A-1-1 , 34A-1-6 .
A physical change or change in the method of operation does not include:
- (1) Routine maintenance, repair, and replacement;
- (2) Use of an alternative fuel or raw material because of an order under §§ 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, Pub. L. No. 93-319, §§ 2(a) and (b), 88 Stat. 246 (1974), as amended and in effect on (January 1, 1993), or because of a natural gas curtailment plan pursuant to the Federal Power Act as in effect on (January 1, 1993);
- (3) Use of an alternative fuel because of an order or rule under § 125 of the Clean Air Act;
- (4) Use at a steam generating unit of an alternative fuel that is generated from municipal solid waste;
- (5) An increase in the hours of operation or in the production rate, unless the change is prohibited under a federally enforceable permit condition that was established after January 6, 1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2024), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2024);
- (6) Any change of ownership at a source;
- (7) The use of an alternative fuel or raw material by a source, which the source was capable of accommodating before January 6, 1975, unless the change is prohibited under a federally enforceable permit condition that was established after January 6, 1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2024), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2024); or
- (8) The use of an alternative fuel or raw material that the source is approved to use under a permit issued under 40 C.F.R. § 52.21 (July 1, 2024) or under regulations approved pursuant to 40 C.F.R. § 51.165 (July 1, 2024).
Source: 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019 ; 52 SDR 27, effective September 17, 2025 .
General Authority: SDCL 34A-1-6 .
Law Implemented: SDCL 34A-1-1 , 34A-1-6 .
Prior versions effective: 2019-11-25, 2017-09-13, 2015-10-13, 2013-06-25.