S.D. Admin. R. 74:36:05:23

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:36:05:23 - Public petition to EPA on the final permit

When a proposed Part 70 operating permit is issued as a final permit by the EPA or the department, a person may petition the EPA in writing within 60 days after expiration of EPA's review period specified in §§ 74:36:05:20.03 to 74:36:05:22, inclusive, to object to the issuance of a final permit. The petition may be based only on objections to the permit that were raised with reasonable specificity during the public comment period, unless the petitioner demonstrates that it was impracticable to raise such objections within the public comment period or unless the grounds for the objection arose after the public comment period. If EPA objects to the issuance of the final permit as a result of a petition, the department shall respond to EPA's objection. Upon resolution of EPA's objection, the permit shall remain the same or may be modified, terminated, or revoked by the department or EPA.

S.D. Admin. R. 74:36:05:23

19 SDR 157, effective 4/22/1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995.

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

Law Implemented: SDCL 34A-1-21.