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

1. (1) Issue the permit revision as proposed;
2. (2) Deny the application for a permit revision; or

3. (3) Determine the requested permit revision should be processed as a permit modification.

   The department is not required to public notice an insignificant increase in allowable emissions; but the final permit decision for an insignificant increase in allowable emissions must be submitted to EPA for a 45-day review. The department may not issue a final permit for an insignificant increase in allowable emissions until after EPA's 45-day review or until EPA has notified the department that EPA will not object to the issuance of the permit revision.

Source: 42 SDR 52, effective October 13, 2015.

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

Law Implemented: SDCL 34A-1-21.