8 CAR § 42-906 – Timetable for issuance of minor permit modification

(a) The Division of Environmental Quality may not issue a final minor permit modification until after the Environmental Protection Agency’s forty-five-day review period or until the Environmental Protection Agency has notified the division that the Environmental Protection Agency will not object to issuance of the permit modification, although the division can approve the permit modification prior to that time.
(b) Within ninety (90) days of the division’s receipt of an application under minor permit modification procedures, or fifteen (15) days after the end of the Administrator of the Environmental Protection Agency’s forty-five-day review period under Subpart 5 of this part, whichever is later, the division shall:
1. (1) Issue the permit modification as proposed;
2. (2) Deny the permit modification application;
3. (3) Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or
4. (4) Revise the draft permit modification and transmit to the Administrator of the Environmental Protection Agency the new proposed permit modification as required by Subpart 5 of this part.