The department shall take the following final action on a proposed minor permit amendment within 90 days after receipt of a complete application for a minor permit amendment or 15 days after the end of EPA's 45-day review period, whichever is later:

1. (1) Issue the minor permit amendment as proposed;
2. (2) Deny the minor permit amendment application;
3. (3) Determine that the requested minor permit amendment should be processed as a permit modification; or

4. (4) Revise the proposed minor permit amendment and transmit the revised amendment to EPA.

   The department is not required to public notice a minor permit amendment; but the final permit decision for a minor permit amendment must be submitted to EPA for a 45-day review. The department may not issue a final permit for a minor permit amendment until after EPA's 45-day review or until EPA has notified the department that EPA will not object to the issuance of the minor permit amendment. The source may implement a proposed revision that is considered a minor permit amendment seven days after submitting a complete application.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.