South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:52 - Surface water discharge permits
Chapter 74:52:01 - General provisions
Section 74:52:01:02.01 - Criteria for new source determination
Current through Register Vol. 50, page 114, March 25, 2024
Except as otherwise provided in an applicable new source performance standard, a source is a "new source" if it meets the definition of "new source" in § 74:52:01:01(30), and
(1) It is constructed at a site at which no other source is located; or
(2) It totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(3) Its processes are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the secretary shall consider such factors as the extent to which the new facility is integrated with the existing plant; and the extent to which the new facility is engaged in the same general type of activity as the existing source.
A source meeting the requirements of (1) through (3) of this section is a new source only if a new source performance standard is independently applicable to it. If there is no such independently applicable standard, the source is a new discharger.
General Authority: SDCL 34A-2-28.
Law Implemented: SDCL 34A-2-36, 34A-2-36.2.
