A new source review preconstruction permit must satisfy the following criteria before beginning actual construction:

1. (1) All requirements for new source performance standards in chapter 74:36:07 that apply to the facility;
2. (2) Compliance with the lowest achievable emission rate;
3. (3) Certification of compliance stating that all other major sources, major modifications, or reconstructed facilities that are owned, operated, or controlled by the applicant, either in whole or in part, located elsewhere in the state comply with all applicable emission limitations and standards; and

4. (4) The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset is determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit. Emissions offsets are determined in accordance with § 74:36:10:07.

   The owner or operator may apply for a plant-wide applicability limit. The procedures for a plant-wide allowable limit are those in 40 C.F.R. § 51.165(f), inclusive, (July 1, 2024).

   Approval to construct does not relieve an owner or operator of the responsibility to comply fully with applicable provisions of this article, the Clean Air Act, or any other requirements under local, state, or federal law.

   Submission of preconstruction monitored or projected ambient air quality data, or both, from the proposed source must accompany the permit application. In addition, air quality dispersion modeling and meteorological data for the prescribed area may be required by the department. Costs of these requirements must be absorbed by the proposed source.

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:16, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:16, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 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 .

Law Implemented: SDCL 34A-1-1 , 34A-1-6 , 34A-1-22 .

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