S.D. Admin. R. 74:36:05:40

Current through Register Vol. 51, page 51, October 21, 2024

Section 74:36:05:40 - Reopening operating permit for cause

The department may reopen and revise an operating permit for the following reasons:

(1) Additional requirements of the Clean Air Act become applicable to a major source subject to a Part 70 operating permit and for which three years or more remain on the term of the permit. Such reopenings or revisions shall be made not more than 18 months after the promulgation of the relevant standard or regulations. Such reopenings or revisions are not required if the effective date of the requirement is later than the date on which the permit is due to expire;

(2) Additional requirements become applicable to an affected source under Title IV of the Clean Air Act;

(3) There is a determination by the department or EPA that the permit contains inaccurate statements or material mistakes in establishing the emission standard limitations on other requirements of the permit; or

(4) The department or EPA determines that the permit must be revised or revoked to assure compliance with the applicable requirements of the Clean Air Act or this article.

S.D. Admin. R. 74:36:05:40

19 SDR 157, effective 4/22/1993; 25 SDR 123, effective 4/4/1999; 31 SDR 101, effective 1/2/2005.

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

Law Implemented: SDCL 34A-1-21.