The department shall make its final permit decision within 30 days of the end of the public comment period on a draft permit. The department shall notify, in writing, the applicant and each person or affected state that submitted written comments or requested notice of the final permit decision. The notice shall include reference to the procedures for contesting the final permit decision and requesting a hearing in accordance with article 74:09. For the purpose of this section, the final permit decision means proposing a permit, denying a permit, or terminating a permit.

1. (1) A later effective date is specified in the final permit decision;
2. (2) A contested case hearing is requested; or
3. (3) No comments or request for changes in the draft permit were received during the public notice period on the draft permit. In this case, the draft permit automatically becomes the final permit decision and the proposed Part 70 operating permit is submitted to EPA.

The proposed Part 70 operating permit must be submitted to EPA within 30 days of notifying the applicant and each person or affected state that submitted written comments or requested notification of the final permit decision except under the following conditions:

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 125, effective February 9, 1994; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 1-26-27 , 1-26-29 , 34A-1-21.