The department must provide a copy of the draft permit for a minor source to the applicant. The department must publish a public notice of the draft permit once in a legal newspaper in the county where the source is located. The notice must include the following:

1. (1) A brief description of:

   1. (a) The source and where it is located;
   2. (b) The department's recommendation and the reasons for it;
   3. (c) The activity or activities involved in the permit action; and
   4. (d) The emissions change involved in any permit modification;
2. (2) A statement that a person may submit comments or contest the draft permit within thirty days after the publication of the notice;
3. (3) A description of the procedures a person must follow to contest the draft permit and request a hearing in accordance with chapter 74:09:01; and

4. (4) A statement describing where copies of the draft permit or other information may be obtained.

   The department must provide to the interested parties a thirty-day notice of any hearing to contest a draft permit.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:37, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013 ; 52 SDR 27, effective September 17, 2025 .

General Authority: SDCL 34A-1-6 , 34A-1-21 .

Law Implemented: SDCL 1-26-27 , 34A-1-21 .

Prior versions effective: 2013-06-25.