ARSD 74:36:05:21.01. Department response to EPA objection

The department shall respond within 90 days to the EPA objection. The department may either revise the proposed Part 70 operating permit or justify its position on the proposed Part 70 operating permit to EPA. If the department decides to revise the proposed Part 70 operating permit, it shall follow the procedural requirements for an initial Part 70 operating permit, administrative permit amendment, minor permit amendment, or permit modification, as applicable. If the EPA concurs with the revised proposed Part 70 operating permit or the department's justification, the department shall issue a final permit and submit it to the EPA. If the EPA does not concur, the EPA is responsible for issuing the final permit.