New major stationary sources or major modifications to existing major sources must obtain a preconstruction permit before beginning actual construction if the sources are located in the following areas:

1. (1) An attainment or unclassified area, if the source would cause or contribute to a violation of any national ambient air quality standard; or

2. (2) An area designated nonattainment for any national ambient air quality standard, if the source is major for the pollutant for which the area is designated nonattainment.

   Except as provided by a plant-wide applicability limit, a proposed project is considered a major modification to an existing major source if the proposed project meets the criteria in 40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (July 1, 2024).

   Note: The procedural requirements for obtaining a preconstruction permit under the new source review program are similar to the procedural requirements for a Part 70 source, such as a timely and complete application, completeness review, statement of basis, public participation, and departmental recommendation, as outlined in §§ 74:36:05:08 to 74:36:05:20.01, inclusive.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 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 , 34A-1-21 .

Law Implemented: SDCL 34A-1-1 , 34A-1-6 , 34A-1-21 .

Prior versions effective: 2019-11-25, 2017-09-13, 2015-10-13, 2013-06-25.