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AN. New Source. <br /> (1) Any building, structure, facility, or installation from which there is (or may be) a <br /> discharge of pollutants, the construction of which commenced after the <br /> publication of proposed pretreatment standards under Section 307(c) of the Act <br /> which will be applicable to such source if such standards are thereafter <br /> promulgated in accordance with that section,provided that: <br /> (a) The building, structure, facility, or installation is constructed at a site at <br /> which no other source is located; or <br /> (b) The building, structure, facility, or installation totally replaces the process <br /> or production equipment that causes the discharge of pollutants at an <br /> existing source; or <br /> (c) The production or wastewater generating processes of the building, <br /> structure, facility, or installation are substantially independent of an <br /> existing source at the same site. In determining whether these are <br /> substantially independent factors such as the extent to which the new <br /> facility is integrated with the existing plant, and the extent to which the <br /> new facility is engaged in the same general type of activity as the existing <br /> source should be considered. <br /> (2) Construction on a site at which an existing source is located results in a <br /> modification rather than a new source, if the construction does not create a new <br /> building, structure, facility, or installation meeting the criteria of Section (1)(b) or <br /> (c) above but otherwise alters, replaces, or adds to existing process or production <br /> equipment. <br /> (3) Construction of a new source as defined under this paragraph has commenced if <br /> the owner or operator has: <br /> (a) Begun, or caused to begin as part of a continuous on-site construction <br /> program; <br /> (i) any placement, assembly, or installation of facilities or equipment; <br /> or <br /> (ii) significant site preparation work including clearing, excavation, or <br /> removal of existing buildings, structures, or facilities which is <br /> necessary for the placement, assembly, or installation of new <br /> source facilities or equipment; or; <br /> (b) Entered into a binding contractual obligation for the purchase of facilities <br /> or equipment which are intended to be used in its operation within a <br /> 8 <br />