ARSD 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 (or a new discharger) 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. Construction of a new source has commenced if the owner or operator has: (l) Begun, or caused to begin as part of a continuous on-site construction program: (a) Any placement, assembly, or installation of facilities or equipment; or (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 (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.