74:36:10:03.01New source review preconstruction permit required.

New major stationary sources or major modifications to existing major sources must obtain a preconstruction permit before beginning actual construction if the sources are located in the following areas: (1) An attainment or unclassified area, if the source would cause or contribute to a violation of any national ambient air quality standard; or (2) An area designated nonattainment for any national ambient air quality standard, if the source is major for the pollutant for which the area is designated nonattainment. Except as provided by a plant-wide applicability limit, a proposed project is considered a major modification to an existing major source if the proposed project meets the criteria in 40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (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.