- (a) The Division of Environmental Quality shall give notice of each draft permit to any affected state on or before the time that the division provides this notice to the public, except to the extent that minor permit modification procedures require the timing of the notice to be different.
(b)
- (1) The division, as part of the submittal of the proposed permit to the Administrator of the Environmental Protection Agency, or as soon as possible after the submittal for minor permit modification procedures, shall notify the Administrator of the Environmental Protection Agency and any affected state in writing of any refusal by the division to accept all recommendations for the proposed permit that the affected state submitted during the public or affected state review period.
- (2) The notice shall include the division’s reasons for not accepting any such recommendation.
- (3) The division is not required to accept recommendations that are not based on applicable requirements or the requirements of 40 C.F.R. pt. 70, as promulgated July 21, 1992, and last modified June 3, 2010 (75 FR 31607).