74 : 52 : 01 : 02.02 . Construction and new source determination. Construction on a site at which an existing source is located results in a modification subject to chapter 75:52:04 rather than a new source (oranewdischarger) if the construction does not create a new building, structure, facility. or installation meeting the criteria of (1) through (3) of § 74:52:01:02.01 but otherwise alters, replaces, or adds to existing process or production equipment.

1. (l) Begun, or caused to begin as part of a continuous on-site construction program:
2. (a) Any placement, assembly, or installation of facilities or equipment; or
3. (b) Significant site preparation work including clearing, excavation or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
4. (2) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation with a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility engineering and design studies do not constitute a contractual obligation under the paragraph.

Construction of a new source has commenced if the owner or operator has:

Source: 44 SDR 98, effective December 11, 2017.

General Authority: SDCL 3 4A-2-28.

Law Implemented: SDCL 34A-2-36 , 34A-2-36.2.