Any owner or operator who proposes a project for existing emissions units at a major stationary source, which is not considered a major modification based on projected actual emissions but may result in a significant emission increase, must comply with the requirements in 40 C.F.R. § 51.165(a)(6)(i) to (vi), inclusive (July 1, 2024). This section does not apply to a source with a plant-wide applicability limit.

The owner or operator must make the information required to be documented in 40 C.F.R. § 51.165(a)(6)(i) to (vi), inclusive (July 1, 2024), available for review upon a request for inspection by the secretary or the general public pursuant to the requirements contained in 40 C.F.R. § 70.4(b)(3)(viii) (July 1, 2024).

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 .

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

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