For purposes of this chapter, the state's public participation procedures are those in 40 C.F.R. § 51.166(q) (July 1, 2024), excluding the lead-in phrase "[t]he plan must provide that...," and with the following differences:

1. (1) For purposes of this section, in 40 C.F.R. § 52.166(q), "reviewing authority" means the secretary;
2. (2) For purposes of this section, in 40 C.F.R. § 51.166(q)(1), "specified time period" means sixty days;
3. (3) For purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iv), "administrator" means the administrator of the EPA;
4. (4) For purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iii), "notify the public" means to publish a public notice once in a legal newspaper in the county where the proposed source is to be constructed. The public notice must include a statement that a person may submit comments or contest the draft permit within thirty days after the publication of the notice. The statement must also describe the procedures a person must follow to contest the draft permit and request a hearing in accordance with article 74:09;
5. (5) For purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is required if a person contests the draft permit or contests the secretary's final determination and requests a hearing in accordance with article 74:09; and
6. (6) For purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a contested case hearing is not submitted during the public notice period, the secretary must make a final determination within thirty days of the end of the public comment period on the draft permit. The secretary must notify, in writing, the applicant and each person that submitted written comments or requested notice of the final determination. The notice must include reference to the procedures for contesting the final determination and requesting a hearing in accordance with article 74:09 within thirty days of receiving the secretary's final determination. If no person comments on a draft permit, requests changes, or contests the draft permit during the public notice period, the draft permit automatically becomes the secretary's final determination and is issued at the end of the public notice period.

Source: 33 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 46 SDR 64, effective November 25, 2019 ; 52 SDR 27, effective September 17, 2025 .

General Authority: SDCL 34A-1-6 , 34A-1-18 .

Law Implemented: SDCL 34A-1-18 .

Prior versions effective: 2019-11-25, 2017-09-13, 2015-10-13, 2013-06-25.