ARSD 74:36:05:39.01. Procedures for an insignificant increase in allowable emissions

The department shall take the following final action on the proposed insignificant increase in allowable emissions within 90 days after receipt of a complete application for the permit revision or 15 days after the end of EPA's 45-day review period, whichever is later: (1) Issue the permit revision as proposed; (2) Deny the application for a permit revision; or (3) Determine the requested permit revision should be processed as a permit modification. The department is not required to public notice an insignificant increase in allowable emissions; but the final permit decision for an insignificant increase in allowable emissions must be submitted to EPA for a 45-day review. The department may not issue a final permit for an insignificant increase in allowable emissions until after EPA's 45-day review or until EPA has notified the department that EPA will not object to the issuance of the permit revision.