S.D. Admin. R. 74:36:05:08

Current through Register Vol. 51, page 54, October 28, 2024

Section 74:36:05:08 - Timely and complete application for operating permit required

A person who owns or operates a Part 70 source required to have an operating permit must submit a timely and complete application. An application is timely if it meets the time limits specified in this section. An application is complete if it meets the requirements in §§ 74:36:05:12 and 74:36:05:13. The time limits are set as follows:

(1) A source applying for its initial Part 70 operating permit must submit a complete application to the department within 12 months after commencing operation;

(2) A Part 70 source applying for a permit modification shall submit a complete application to the department within 12 months after commencing operation of the emission units involved with the modification;

(3) A Part 70 source applying for renewal of an operating permit must submit a complete application six months before the date of permit expiration. If a source submits a timely and complete application for renewal of a permit, the terms and conditions of the existing permit remain in effect until the renewal permit has been issued or denied. This right to operate pending action on an application is extinguished if the applicant fails to submit on time the information identified in § 74:36:05:12;

(4) Part 70 sources required to obtain approval under § 112(g) of the Clean Air Act or have a PSD preconstruction permit or NSR preconstruction permit must file a complete application to obtain a Part 70 operating permit or a permit modification, whichever is applicable, for the Part 70 source within 12 months after commencing operation. If an existing operating permit for a Part 70 source would prohibit such construction or the change in operation, the source must obtain the applicable construction permit, PSD preconstruction permit, or NSR preconstruction permit before commencing operation;

(5) Applications for initial phase II acid rain permits must be submitted to the department by January 1, 1996, for sulfur dioxide and by January 1, 1998, for nitrogen oxides; and

(6) An existing municipal solid waste landfill that meets the requirements of subdivisions 74:36:07:34(1) and (2) is required to submit a Part 70 operating permit application within 15 months of the effective date of EPA's approval of the state's § 111(d) plan required in the Clean Air Act.

S.D. Admin. R. 74:36:05:08

19 SDR 157, effective 4/22/1993; 20 SDR 125, effective 2/9/1994; 21 SDR 119, effective 1/5/1995; 25 SDR 123, effective 4/4/1999; 31 SDR 101, effective 1/2/2005; 36 SDR 207, effective 6/28/2010.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

Note: A Part 70 source applying for an initial operating permit or a permit modification must obtain a construction permit in accordance with chapter 74:36:09, 74:36:10, or 74:36:20 before commencing construction of the source or permit modification.