S.D. Admin. R. 74:36:01:20 - Physical change in or change in the method of operation defined

A physical change in or change in the method of operation does not include the following:

(1) Routine maintenance, repair, and replacement;

(2) Use of an alternative fuel or raw material because of an order under §§ 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on January 1, 1993, or because of a natural gas curtailment plan pursuant to the Federal Power Act as in effect on January 1, 1993;

(3) Use of an alternative fuel because of an order or rule under § 125 of the Clean Air Act;

(4) Use at a steam generating unit of an alternative fuel that is generated from municipal solid waste;

(5) An increase in the hours of operation or in the production rate, unless the change is prohibited under a federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2018), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2018);

(6) Any change of ownership at a source;

(7) The use of an alternative fuel or raw material by a source which the source was capable of accommodating before January 6, 1975, unless the change is prohibited under a federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2018), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2018); and

(8) The use of an alternative fuel or raw material which the source is approved to use under a permit issued under 40 C.F.R. § 52.21 (July 1, 2018) or under regulations approved pursuant to 40 C.F.R. § 51.165 (July 1, 2018).

Notes

S.D. Admin. R. 74:36:01:20

25 SDR 123, effective 4/4/1999; 31 SDR 101, effective 1/2/2005; 32 SDR 209, effective 6/13/2006; 36 SDR 207, effective 6/28/2010; 39 SDR 219, effective 6/25/2013; 42 SDR 52, effective 10/13/2015; 44 SDR 43, effective 9/13/2017; 46 SDR 064, effective 11/25/2019

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.