S.D. Admin. R. 74:36:05:17

Current through Register Vol. 50, page 127, April 22, 2024

Section 74:36:05:17 - Public participation in permitting process

All operating permit issuance proceedings, including renewals, permit modifications, and reopenings, for a Part 70 source, except as provided in this chapter, must provide an opportunity for public and affected states to comment on the draft permit.

The department shall publish the public notice on the draft permit once in a legal newspaper in the county where the source is located. The public notice must include the following:

(1) A brief statement describing the source, including the name and address of the permittee;

(2) The activity or activities involved in the permit action;

(3) The emissions change involved in any permit modification;

(4) The department's recommendation and the reasons for it;

(5) A statement that a person may submit comments or contest the draft permit within 30 days after publication of the notice. The statement shall also describe the procedures a person must follow to contest the draft permit and request a hearing in accordance with article 74:09; and

(6) A statement describing where copies of the draft permit or other information may be obtained.

The department shall provide to the interested parties a 30-day notice of any hearing to contest a draft permit.

S.D. Admin. R. 74:36:05:17

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; 36 SDR 207, effective 6/28/2010.

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

Law Implemented: SDCL 34A-1-21.